HomeMy WebLinkAbout06/18/2013City of
Diamond Bar
City Council Agenda
Tuesday, June 18, 2013
6:30 p.m. — Regular Meeting
Closed Session to be held following Regular Session
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 Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 18, 2013
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2013-16
Next Ordinance No. 04 (2013)
6:30 p.m.
Mayor
Pastor Ab Kastl,
Diamond Canyon Christian Church
Council Members Chang, Herrera, Tye,
Mayor Pro Tem Everett, Mayor Tanaka
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming July, 2013 as Parks and Recreation Month.
NEW BUSINESS OF THE MONTH:
1.2 Presentation of Certificate Plaque to Diamond Fresh Farmer's Market,
21168 Golden Springs Drive New Business of the Month, June, 2013.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
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 18, 2013 PAGE 2
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 25, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — June 27, 2013 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting — July 2, 2013 — Cancelled.
5.4 Independence Day Holiday — July 4, 2013 — City Offices will be closed in
observance of the 4 t of July. City Offices will re -open Friday, July 5, 2013
at 7:30 a.m.
5.5 Planning Commission Meeting — July 9, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.6 Concerts in the Park — July 10, 2013 - 6:30 p.m. to 8:00 p.m., Bumptown
(Latin) Sycamore Canyon Park, 22930 Golden Springs Drive.
5.7 Movies Under the Stars — July 10, 2013 — Hotel Transylvania
Immediately following Concerts in the Park, Sycamore Canyon Park,
22930 Golden Springs Drive.
5.8 Traffic and Transportation Commission Meeting — July 11, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.9 Due to remodeling of the South Coast Air Quality Management District
Auditorium, during the months of July, August and September, 2013, City
Council Meetings will be held in the Windmill Community Room, located
on the First Floor of City Hall, 21810 Copley Drive. Re -broadcasting of
Council meetings will be televised on Channel 3 and Verizon ROS
Television Channel 47.
5.10 City Council Meeting — July 16, 2013 — 6:30 p.m., Windmill Community
Room, 21810 Copley Drive.
June 18, 2013 PAGE 3
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of June 4, 2013 — Approve as
Submitted.
6.2 Traffic and Transportation Commission Minutes:
(a) Regular Meeting of February 14, 2013 — Receive and file.
(b) Regular Meeting of April 11, 2013 — Receive and file.
Requested by: Public Works Department
6.3 Planning Commission Minutes — Regular Meeting of May 14, 2013 —
Receive and file.
Requested by: Community Development Department
6.4 Ratification of Check Register — Dated May 30, 2013 through June 12,
2013 totaling $400,487.98.
Requested by: Finance Department
6.5 Adopt Ordinance No. 04(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: Approve for Second Reading, Waive Full Reading
and Adopt.
Requested by: Community Development Department
6.6 Landscape District Numbers 38, 39 and 41:
(a) Adopt Resolution No. 2013 -XX: Declaring the City's Intention
to Levy and Collect Assessments for Landscape District No. 38 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 16, 2013 Regular Meeting.
Recommended Action: Adopt.
(b) Adopt Resolution No. 2013 -XX: Declaring the City's Intention
to Levy and Collect Assessments for Landscape District No. 39 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 16, 2013 Regular Meeting.
Recommended Action: Adopt.
June 18, 2013 PAGE 4
(c) Adopt Resolution No. 2013 -XX: Declaring the City's Intention
to Levy and Collect Assessments for Landscape District No. 41 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 16, 2013 Regular Meeting.
Recommended Action: Adopt.
Requested by: Public Works Department
6.7 Approve Extension of Contract Agreement with Hardy & Harper, Inc.
for Three Years (FY 13-14, FY14-15 and FY 15-16) for On -Call Street
Maintenance Services Specific to Road Pavement, Sidewalk, Curb &
Gutter and Striping Maintenance.
Recommended Action: Approve.
Requested by: Public Works Department
6.8 Approve Contract Amendment No. 1 with Siemens Industry, Inc.
(Formerly Republic ITS) for a Three -Year Extension for Traffic Signal
Maintenance Services for Fiscal Years FY 2013-14, FY 2014-15 and
FY 2015-16).
Recommended Action: Approve.
Requested by: Public Works Department
6.9 Approval of a Contract Amendment with Sustainable Environmental
Management Company (SEMCO) Extending the Contract Term
Through June 30, 2014 at a Cost of $44,000 for a Total Not -to -Exceed
Contract Amount of $126,500.
Recommended Action:Approve.
Requested by: City Manager
6.10 Approval of Contract Extensions for Community Services
Department:
(a) Approval of Amendment No. 5 to the Agreement with Tennis
Anyone to Extend the Contract Period from July 1, 2013
through June 30, 2014 in the Amount of $56,000.
Recommended Action: Approve.
June 18, 2013 PAGE 5
(b) Authorization for the City Manager to Extend Vendor Services
for Senior and Adult Excursions Provided by Inland Empire
Stages Limited, in an Amount Not -to -Exceed $70,000 for
2013/14 Fiscal Year.
Recommended Action: Authorize.
(c) Approval of Amendment No. 3 to the Agreement with Access
Control Security to Extend the Contract Period to July 1, 2013
through June 30, 2014 in the Amount Not -to -Exceed $30,000.
Recommended Action: Approve.
(d) Approval of Amendment No. 5 to Agreement with And I
Officials to Extend the Contract Period to July 1, 2013 through
June 30, 2014 in the Amount Not -to -Exceed $35,000.
Recommended Action: Approve.
(e) Approval of Agreement Not -to -Exceed $45,000 with the
California Conservation Corp. (CCC) for As Needed Trail
Repairs, Brush Clearance and Minor Maintenance in Parks and
Open Space for the 2013/14 Fiscal Year and Authorize the City
Manager to Execute the Agreement.
Recommended Action: Approve and Authorize.
(f) Approval of Amendment No. 2 to the Contract with ValleyCrest
Landscape Maintenance to Extend the Term of the Contract
from July 1, 2013 through June 30, 2015 to Provide Landscape
Maintenance Services at 9 City Parks, Grounds of the Diamond
Bar Center, Football Field and Slope at Lorbeer Middle School,
and the Mesa Trail/Trail Head at Sycamore Canyon Park, in the
Amount of $368,995 for Fiscal Year 2013/14 and 2014/15; and,
As -Needed Work in the Amount of $25,000 for Fiscal Year
2013/14 and 2014/15 for a Total Authorization Not -to -Exceed
$393,995 Annually.
Recommended Action: Approve.
Requested by: Community Services Department
June 18, 2013 PAGE 6
6.11 Adopt Resolution No. 2013 -XX: Consenting to the Inclusion of
Properties within the City's Jurisdiction in the California Hero
Program to Finance Distributed Generation Renewable Energy
Sources, Energy and Water Efficiency Improvements and Electric
Vehicle Charging Infrastructure and Approving the Amendment to a
Certain Joint Powers Agreement Related Thereto.
Recommended Action: Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearing — An Ordinance of the City Council of the City of
Diamond Bar Approving Development Code Amendment No. 2013 -XX
Amending Tables 2-5 and 2-6 of Section 22.10.030 of the Diamond
Bar Municipal Code.
Recommended Action: Receive Staff's Report; Open the Public Hearing,
Receive Testimony; Close the Public Hearing and Approve for First
Reading by Title only, waive full reading.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION: None.
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
CLOSED SESSION: Following Regular Session — Room CC -8
Public Comments on Closed Session Agenda
► CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
Government Code Section 54956.9. (d)(1)
One Case — Princesita Torres v. City of Diamond Bar
Case No. KC063979
10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMONDj�
JUNE 4, 2013 ► O J O Q jj
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: Mayor Tanaka led the Pledge of Allegiance.
INVOCATION: Cantor Paul Buch, Temple Beth Israel gave the
invocation.
ROLL CALL: Council Member Chang, Herrera, Tye, and Mayor
Tanaka.
Absent: Mayor Pro Tem Everett was excused.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; David Dewberry, 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; Grace Lee, Senior Planner; Kimberly Young,
Associate Engineer; Sterling Mosley, Assistant Engineer; Cecilia Arellano, Public
Information Coordinator, and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Tanaka and City Council Members presented Certificates of
Recognition to the NJB Basketball Team Members and Coaches for
winning the 7th Grade NJB All-Star Invitational Divisional Tournament in
San Diego.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 PWD/Liu introduced new staff member Sterling Mosley, Assistant
Engineer.
2.2 Video Presentation regarding the SR57/60 Confluence Project.
CM/DeStefano stated that the Council has for the last several years
emphasized traffic improvements within the community. Most notable of
these improvement projects is the 'Big Fix" Confluence Project to the
SR57/60. This area accommodates hundreds of thousands of vehicles
and tens of thousands of trucks per day, and those numbers will grow as
the ports receive more goods that need to be moved from Southern
California through the DB area out to the Midwest and beyond. There has
been a longtime goal of the City Council to fix the freeway which is
detailed in the 2013-14 Goals and Objectives to work with partners and
JUNE 4, 2013 PAGE 2
CITY COUNCIL
Members of Congress (local and in Washington DC) to obtain the
resources necessary to fix the freeway. Once fixed it would eliminate the
unnecessary weaving due to the addition of ramps, HOV lanes, etc. to
route traffic through the area. The first phase of the project is scheduled
to take place in the next couple of years; however, the City is still waiting
for funding for the final component of the overall project. The problem of
congestion at the SR57/60 interchange has existed for many, many years.
During those years there has been significant development in the
immediate area with the City of Industry and the region in general. Ports
have grown significantly. There are more and longer trains as well as
many more trucks moving cargo from the ports to the rest of the nation.
This project has a long way to go.
PWD/Liu presented a four minute video that presents the facts and
statistics and explains both the urgency and the immediate need for the
SR57/60 Interchange improvements as well as, the $265 million multi-
phase plan for this bottleneck area.
CM/DeStefano stated that the problem with the congestion at the SR57/60
Interchange (Confluence area) has existed for many, many years and in
those years there has been significant development in the immediate
area, not only with the City's partner, the City of Industry, which has
developed more than 1,000 acres of industrial and commercial nearby, but
also, the region itself. As previously mentioned, the ports have
significantly grown. There are more and longer trains as cargo is moving
from the ports to the rest of the nation and certainly, many thousands
more trucks, which will continue as the ports continue to grow due to the
Southern California hub and access to nations east where goods are
coming from. This is a promotional video that was produced to assist DB
and other regional partners. While DB is leading this effort with the City of
Industry, many other cities have joined in to support the overall effort.
This Video was created in order to help understand and promote the
initiative before regional transportation agencies, the State's efforts as well
as in Washington DC. Last week DB along with the City of Industry and
the strong efforts by Congressman Royce were host to Pennsylvania
Congressman Shuster who is also the Chairman of the Transportation and
Infrastructure Committee. It is a very important committee where this
policy matter is going to be discussed at the national level and where the
funding will eventually be forthcoming. DB is also very fortunate to have
local Congress Members including the City's former Congressman Gary
Miller on that same Transportation and Infrastructure Committee as well
as Congresswoman Janice Hahn from the ports area of Los Angeles.
While this effort will continue to take at least a couple of years to gain
funding, the City is hopeful that with all of these efforts it will be able to
bring this matter to the forefront; gain the perspective that it is a national
issue that needs to be addressed. With funds for local improvement,
through contacts that have been made during trips to Washington DC and
JUNE 4, 2013 PAGE 3
CITY COUNCIL
the most recent Sacramento trips that gained the attention that this area
deserves and needs. Council Members have had the opportunity to talk
about this for several years. Last week's meeting was significant for DB
and for the effort.
3. PUBLIC COMMENTS:
John Martin, 40 -year resident, spoke about Agenda Item 6.7 (c) and said that he
continues to be concerned about the poor maintenance of the medians along
Diamond Bar Boulevard and Grand Avenue. Excel has had the responsibility for
the maintenance of these districts for 10 years and there is no excuse for the
condition of the lawns. The cost of maintaining these areas has risen from
$24,000 (which may be a typographical error) in 2002 to $333,575 in 2013. If
the City believes that Excel is doing a great job there should be a competitive bid
process for the 2013-14 FY. There has not been a competitive bid on these
Landscape Districts for over 10 years.
Eric Stone thanked the City Council for allowing him to speak under the Brown
Act and thanked C/Tye for returning his phone call and discussion about keeping
appropriate things in check. He thanked CM/DeStefano in making ongoing
headway toward meaningful City improvements and thanked CDD/Gubman for
returning his phone call. Reflecting on the Memorial Day holiday he thanked
those who have given all to protect American ideals.
Pui Ching Ho, DB Library, spoke about the Summer Reading program that
continues through August 17, 2013. Individuals can participate in the countywide
online summer reading program at www.colapudlib.orq, stop by the library or call
909-861-4978.
Captain Dave Stone, LA County Fire Department, said that today was the second
annual Sidewalk CPR Day, a partnership between the LA County Fire
Department, LA County Emergency Medical Services and the American Heart
Association. He thanked residents and the City Council for hosting one of the
events at the Diamond Bar Community Center as well as staff members Marsha
Roa, Cecilia Arellano and Cloris Vargas for their assistance. Ninety one
residents including M/Tanaka and Wanda Tanaka participated in the training.
Capt. Stone said he appreciated the City's support and continuing partnership.
4. RESPONSE TO PUBLIC COMMENTS:
CSD/Rose responding to Mr. Martin's comments stated that the $24,000 item
listed in the report is the correct amount. Excel started with that amount of
service which included nine specific areas that had been added to the City's
inventory. Over the next eight years more areas were added to the contract to
the point that. Excel now maintains all of the areas in District #38 which includes
all of the median areas and parkways, District #39 includes slopes and parkways
and District #41 includes turf areas and slopes. The most recent addition to the
JUNE 4, 2013 PAGE 4
CITY COUNCIL
contract was Washington Park which Excel maintains for $325 per month. Each
of the areas that were added was bid with at least three landscape/maintenance
companies including Valley Crest, TruGreen and Excel. Excel has always
provided the best price and staff believes they provide good service to the City.
C/Chang asked CSD/Rose to explain what the Lighting and Landscape Districts
are about.
CSD/Rose explained that the City has three Lighting and Landscape
Maintenance Districts that residents pay for in the form of property taxes which
the City uses to maintain these districts. District #38 includes all of the medians
on the major boulevards including Diamond Bar Boulevard, Grand Avenue,
Golden Springs Drive, Pathfinder Road, and parkways on Temple Avenue and
Grand Avenue. District #39 is in the area of the Diamond Bar Center including
Summitridge Drive, Longview and some of Grand Avenue. District #41 is in the
vicinity of Ronald Reagan Park near Pathfinder Road and Peaceful Hills. These
three districts were formed by LA County prior to the City's incorporation and at
time of incorporation in 1989 the City absorbed the districts as well as the
maintenance.
C/Tye felt it was disingenuous to imply that the City was paying $24,000 for
something eight years ago for which the City is now paying $333,000 because
what started as a small amount of property has now grown to include most of the
City.
CSD/Rose said there were some CPI increases during the early 2000 era when
the cost of living rates were running at about 4-5 percent per year. For the past
two years there has been no CPI increase and Excel is offering to provide
services for the next two years with no CPI increase.
C/Herrera said that in the report it talks about the contract expiring in 2014. Is
staff asking for a contract extension?
CSD/Rose stated that the contract actually expires on June 30, 2013; however,
in the contract it allows for the contractor to seek a two-year extension if they are
offering no CPI increase for the entire period. Or, the City has the option for
extending it for one year and the contractor would have the option of negotiating
a CPI next year if the City is interested in continuing their service. Staff is asking
for a two-year extension which would extend the contract to June 30, 2015.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — June 11, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive (canceled).
5.2 Traffic and Transportation Commission Meeting — June 13, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
JUNE 4, 2013 PAGE 5 CITY COUNCIL
5.3 City Council Meeting — June 18, 2013 — 6:30 p.m., SCAQMD Auditorium,
21865 Copley Drive.
6. CONSENT CALENDAR: C/Herrera moved, C/Chang seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Everett
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of May 21, 2013 -Approved as submitted.
6.1.2 Regular Meeting of May 21, 2013 - Approved as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of April 23, 2013.
6.3 RATIFIED CHECK REGISTER — Dated May 16, 2013 through May 29,
2013 totaling $1,229,734.31.
6.4 APPROVED TREASURER'S STATEMENT — for the month of April 2013.
6.5 (a) ADOPTED RESOLUTION NO. 2013-11: 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.
(b) ADOPTED RESOLUTION NO. 2013-12: 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.
(c) ADOPTED RESOLUTION NO. 2013-13: 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.
6.6 APPROVED ADJOURNING THE JUNE 18, 2013 CITY COUNCIL
MEETING TO JULY 16, 2013.
JUNE 4, 2013 PAGE 6 CITY COUNCIL
6.7 APPROVED CONTRACT EXTENSIONS FOR COMMUNITY SERVICES
DEPARTMENT:
(a) APPROVED 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.
(b) APPROVED AMENDMENT NO. 3 TO THE CONTRACT WITH
WEST COAST ARBORISTS FOR CITYWIDE TREE
MAINTENANCE AND WATERING SERVICES FOR THE 2013/14
FISCAL YEAR IN AN AMOUNT NOT TO EXCEED $201,300.
(c) APPROVED AMENDMENT NO. 2 TO EXTEND LANDSCAPE FOR
LANDSCAPE MAINTENANCE SERVICES AT LIGHTING AND
LANDSCAPE MAINTENANCE DISTRICTS #38, #39 AND #41
AND WASHINGTON STREET 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.
6.8 APPROPRIATED 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;
ADOPTED RESOLUTION 2013-14 APPROVING PLANS AND
SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT; AWARDED THE CONSTRUCTION CONTRACT FOR THE
RESIDENTIAL AREA 1B (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 CUTOFF AND BREA CANYON ROAD) ROAD MAINTENANCE
PROJECT TO HARDY & HARPER, INC. IN THE AMOUNT OF
$1,345,000; AND, AUTHORIZED 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.
JUNE 4, 2013 PAGE 7 CITY COUNCIL
6.9 AUTHORIZED THE CITY MANAGER TO PURCHASE HEWLETT
PACKARD SERVERS AND ADDITIONAL HARDWARE
REPLACEMENTS FROM HEWLETT PACKARD, CISCO AND VENDORS
ON THE CURRENTLY APPROVED VENDOR LIST THROUGHOUT FY
2013-14 FOR AN AMOUNT NOT TO EXCEED $275,500.
6.10 AUTHORIZED THE CITY MANAGER TO EXECUTE CONTRACT WITH
GO -LIVE TECHNOLOGY INC. FOR PROFESSIONAL SERVICES, IN AN
AMOUNT NOT TO EXCEED $65,000 FOR THE PERIOD JULY 1, 2013
THROUGH JUNE 30, 2014.
6.11 AUTHORIZED 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.
7. PUBLIC HEARING:
7.1 (a) ADOPT RESOLUTION NO. 2013-15: 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).
(b) FIRST READING OF ORDINANCE NO. 04 (2013): AMENDING
TITLE 22 OF THE DIAMOND BAR MUNICIPAL CODE SECTION
REGARDING EMERGENCY SHELTERS, TRANSITIONAL AND
SUPPORTIVE HOUSING, SINGLE ROOM OCCUPANCY HOUSE, AND
DENSITY BONUSES.
SP/Lee reported that on January 18, 2011 the State Department of
Housing and Community Development certified the City's 2008-2014
Housing Elements, and the City Council adopted the Housing Element in
April of that same year. Staff is proposing amendments to the
Development Code and Land Use Element of the General Plan in order to
implement policies and programs that are contained in the Housing
Element and to be in compliance with State law. The City is not proposing
anything above and beyond State mandates. The amendments fall into
the following three categories: Establishing zoning standards for
Emergency Shelters and Transitional and Supportive Housing to be in
compliance with SB 2; establishing zoning regulations for Single Room
Occupancy Housing; and, amends the existing Density Bonus provisions
JUNE 4, 2013 PAGE 8 CITY COUNCIL
to be in compliance with SB1818. There is currently no development
proposed in connection with these amendments and these amendments
are necessary in order for the City to ensure continued conformance with
State law.
On April 23, 2013 the Planning Commission held a Public Hearing to
consider the amendments and recommended by a 3-0 vote, that the City
Council adopt the amendments with modifications to the definitions
section specifying that Transitional and Supportive Housing shall not
include Halfway Houses or Maternity Hotels which SP/Lee discussed
using a slide presentation. The first category of the proposed
amendments establishes 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.
These facilities are permanent year-round facilities for the homeless and
not a temporary disaster relief shelter that might be set up at a school
gymnasium, community center or churches. These facilities may be
established by right without a Conditional Use Permit or other
discretionary approvals and is subject to location and operational
standards. No more than one emergency shelter is permitted within a
radius of 300 feet from another shelter to avoid over concentration of such
facilities. Each resident shall be provided a minimum of 50 square feet of
living area not including spaces for common areas. This facility shall not
exceed 30 residents at any one time; therefore, it is limited to a maximum
of 30 per facility. The shelter will be required to submit a management
and operations plan to include hours of operation, staffing levels, length of
stay, safety and security measures. There are also provisions regarding
exterior lighting and off-street parking requirements. These facilities will
be allowed in the "I" Light Industrial Zone which is appropriate because it
is in close proximity to public transit which has a Metrolink station in the
City of Industry directly to the north of the Light Industrial Zoned properties
and there are several bus "routes as well as, vacant warehouse buildings
in the area. She pointed to the I Zoned properties on the map which are
located in the northwesterly portion of the City north of the SR60.
The proposed amendments also define Transitional and Supportive
Housing. Transitional Housing is a temporary housing, with typical
occupancy six months to two years for homeless individuals and/or
families who are transitioning to permanent housing. Transitional Housing
often includes supportive service components such as job skills training or
rehabilitation counseling. Supportive Housing may be permanent and
includes services to its residents with daily necessities. SB2 requires that
the City treats these facilities no differently than other residential uses of
the same type in the same zone. For example, if a single family residence
has been established as Transitional Housing, only one household may
occupy that residence. These housing types are not Group Homes and
the key distinction is whether it is a single housekeeping unit.
JUNE 4, 2013 PAGE 9
CITY COUNCIL
The Planning Commission recommended supplementing the definitions to
clarify that these housing types exclude Halfway Houses and Maternity
Hotels and since these terms are not defined in our Development Code,
staff is proposing language to reflect the Commission's intent by adding
the following sentence to the definitions of Supportive and Transitional
Housing: "Supporting and Transitional Housing does not include Parolee
Probationary Homes nor does this definition include Commercial Lodging
Facilities providing pre -natal and/or post -natal accommodations.
The second category of the proposed amendments establishes single -
room occupancy standards as the facility is a multiple tenant building that
houses one or two persons in individual rooms; tenants typically share
bathrooms and kitchens and are viable housing options for students,
single tenants, empty nesters and others who do not desire or require
larger dwellings. The Code Amendment would conditionally permit these
facilities in the "I" Industrial Zone which is subject to location and
operational standards and requires approval by the Planning Commission.
The minimum size of the unit shall be 150 square feet to a maximum of
375 square feet and limited to two persons per unit; the facility shall have
24-hour onsite management with a management plan and is required to
provide kitchen, bathroom, laundry and common areas such as recreation
areas and lounges. There shall be no more than one SR development
within a radius of '% mile from another SR facility.
The Code Amendment includes changes to the existing Density Bonus
regulations to be in compliance with S131818. SB1818 created a greater
incentive to include Affordable Units. These amendments included
calculations for maximum Density Bonus based on a sliding scale of up to
35 percent Density Bonus for Affordable Units provided and 20 percent
Density Bonus for Senior Housing. It includes criteria and incentives and
concessions, reduced off-street parking ratio and includes provisions on
Land Donation Childcare facility requirements.
To be consistent with the Development Code, the General Plan and Land
Use Element must be revised to accommodate the need for Emergency
Shelters and Single Room Occupancy Housing. The italicized and
underlined text contained within staffs report highlights the recommended
revisions to the General Plan. Staff prepared and filed a Notice of
Negative Declaration with the LA County Clerk to support Findings of the
proposed amendments to the Development Code and the General Plan
that the proposed amendments would not have any potentially significant
impact on the environment. Staff recommends that the City Council adopt
the Resolution approving the General Plan Amendment amending the
General Plan Land Use Element to accommodate the need for Emergency
Shelter and Single -Room Occupancy Housing in the "I" Land Use
category; and, approve for First Reading by Title Only and Waive Full
Reading of the Ordinance adopting the Development Code Amendment
JUNE 4, 2013 PAGE 10 CITY COUNCIL
and schedule the Second Reading for June 18.
C/Herrera asked if with this zoning change these new units would count
toward the RHNA requirement of the different cities by the State of
California.
CDD/Gubman responding affirmatively stated that if an SRO facility or
Transitional Supportive Housing were established in the City, those units
would be counted toward its RHNA total.
M/Tanaka opened the Public Hearing.
With no one present who wished to speak on these items, M/Tanaka
closed the Public Hearing.
C/Chang moved, C/Herrera seconded, to Adopt Resolution No. 2013-15:
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). Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Everett
C/Chang moved, C/Herrera seconded, to approve First Reading of
Ordinance No. 04 (2013): Amending Title 22 of the Diamond Bar
Municipal Code Section regarding Emergency Shelters, Transitional and
Supportive Housing, Single Room Occupancy House, and Density
Bonuses. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Everett
8. COUNCIL CONSIDERATION:
8.1 ADOPT URGENCY ORDINANCE NO. 03(2013): IDENTIFYING THE
TEMPORARY RELOCATION OF REGULAR MEETINGS OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
CM/DeStefano stated that this item was referenced during the last City
Council Meeting that there will be construction pending within the
SCAQMD facility that will render it unavailable for the next several months.
As a result, the City Clerk has prepared an agenda item for the Council's
consideration to relocate the meetings.
JUNE 4, 2013 PAGE 11 CITY COUNCIL
CC/Cribbins reported that Section 2.08.010 of the Diamond Bar Municipal
Code designates regularly scheduled meetings of the City Council shall be
held in the SCAQMD Auditorium located at 21865 Copley Drive. On May
8, 2013 staff was notified that the City's use of the Auditorium for City
Council regularly scheduled meetings would be unavailable due to the
audio -video upgrade for the auditorium, audio-visual control room, GB
Room, Hearing Board Room and various other smaller conference rooms.
Construction is scheduled to commence July 5, 2013 and continue to
September 9, 2013. Therefore, the City Council will be unable to conduct
regularly scheduled meetings during July, August and September in the
auditorium. Staff is proposing use of the Windmill Community Room on
the first floor of City Hall for City Council meetings. Because the Windmill
Room does not have the capability for live broadcasting of meetings, staff
has made arrangements for taping Council Meetings to be aired at a later
date and time. Upon conclusion of the September 17, 2013 City Council
meeting, this urgency Ordinance will automatically terminate and the
publicly noticed time and place of the regular meeting of the City Council
will revert back to the SCAQMD Auditorium as specified in Section
2.08.010 of the Diamond Bar Municipal Code. By adopting this Urgency
Ordinance it allows the City Council to continue the City's business and
therefore, staff recommends City Council adoption of Ordinance No.
03(2013) as an Urgency Ordinance allowing the relocation of the City
Council meetings for July 2, July 16, August 6, August 20, September 3
and September 17, 2013 in the Windmill Community Room located on the
first floor of the Diamond Bar City Hall. There is one correction on the
Urgency Ordinance under Section 3, second line to change the effective
date from July 4, 2013 to July 18, 2013 if it is not considered an Urgency
Ordinance.
C/Tye moved, C/Chang seconded, to Adopt Urgency Ordinance No. 03
(2013): Identifying the Temporary Relocation of Regular Meetings of the
City Council of the City of Diamond Bar. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Everett
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera reported that on May 24 Foothill Transit Executive Board met and took
action to no longer contract with Veolia Management Company allowing Foothill
Transit to take control of its employees and all services. Councilwoman Paula
Lantz along with C/Herrera served on the subcommittee to review the
management contract under the auspices of Darold Pieper, the attorney for
Foothill Transit. Upon analysis, it is believed that between $1 and $2 million
JUNE 4, 2013 PAGE 12 CITY COUNCIL
would be saved annually. Foothill Transit is currently negotiating with Veolia for
the exact date when they would conclude their management services. Board
Members look forward to Foothill embarking on this new process and perhaps
saving more than $2 million as it looks for different ways of providing services.
On May 28 Congressman/Chairman Bill Shuster came to visit which was very
significant toward finding a fix and finding money to fix the SR57/60 which has
been a project of many Council Members in this City for many years. What is
significant is that the Chairman actually saw the congestion. In addition, the City
provided significant statistics, but what hit home was the City's argument that the
SR60 is a Goods Movement Corridor, a vital link from the ports to Interstate 15
where all of these containers are moving and 35 percent of the containers are
goods moving farther east to the rest of the nation. When those containers get
bogged down at the SR57/60 it presents a delay in the goods reaching back east
which make the goods more costly. That argument hit home and that is an
argument that Chairman Shuster can then deliver to the rest of the members of
the committee as well as, other congressional representatives that do not live in
California and probably figure "why would we care about what happens with
congestion out in California". If it is their goods being delayed and bogged down
that hits home to them.
On May 30 the San Gabriel COG met with the major topic of discussion being the
separation of ACE (Alameda Corridor East) from the San Gabriel COG. The
Executive Director spent a great deal of time talking about her vision for the San
Gabriel COG and her vision for the Alameda Corridor East which would take on
new functions for both organizations. She reported that her vision for changing
the public works directors' technical advisory committee where they would handle
transportation projects and there was a lot of debate and a lot of information
shared and ultimately, the COG Board Members voted 19 yes to separate — 11
no and 1 abstention who was Angel Correo who had a financial interest in the
issue. Unfortunately, also on the agenda was a resolution against the City of
Chino Hills. Edison is planning on very large towers that will go right past the
neighborhoods in Chino Hills which has been fighting against this for a number of
years. Edison asked the San Gabriel COG to adopt a resolution to support these
tall towers and if Chino Hills wanted them underground for the three miles of a
particular neighborhood, Chino Hills would pay for it, which would amount to
between $400 million to $1 billion. She was disappointed that the majority of the
COG Board Members voted to support the resolution; 26 voted "Yes" and 5 voted
"No"; she was one of the "No" votes.
Lastly, today she received an email from a resident who asked that she make an
announcement, a statement, and a plea to residents. A lot of DB residents like to
walk their dogs and some residents are very responsible and carry their doggie
bags and clean up after the dogs. However, a great many residents are not
responsible and just leave their dog's droppings in the street. The area in
question is around Chaparral and Maple Hill Park areas. This individual counted
droppings every 88 feet. Children walk these streets to school and don't want
JUNE 4, 2013 PAGE 13 CITY COUNCIL
children stepping in these droppings on the sidewalk. She asked that perhaps
the City could put up reminders to the residents to please clean up after their
pets.
C/Tye attended DRHS Band and Jazz Concert held at the Fox Theater. This is
an opportunity for them to show off at the end of the year. Phil Ruiz has done a
tremendous job with the music program at the high school, especially in the face
of budget cutbacks and we certainly appreciate his efforts. The parents have
stepped up and done a fabulous job of raising the necessary funds to keep the
program going. It was a terrific evening to watch them highlight their talents.
Last Thursday he attended DRHS 13th Annual Commencement Ceremony at the
Fairplex - Congratulations to the new graduates as they set out to conquer the
world and congratulations to the graduates of DBHS as well.
He had the opportunity to meet with Congressman Bill Shuster, the Chair of the
Transportation and Infrastructure Committee to discuss the SR57/60 Confluence
Project along with Congressman Ed Royce. C/Tye shared with Congressman
Shuster, when the SR57/60 gets cold, DB gets pneumonia. When one is out on
the roads early and on the way to work and Diamond Bar Boulevard or Golden
Springs or Grand Avenue is jammed one does not need the traffic reporters to
tell them there is an accident on a local freeway. So, residents deal with this
every day. It wasn't news to us, but for Congressman Shuster, it was eye-
opening to see the traffic for himself. We actually took him over on the Grand
Avenue Bridge and let him watch the traffic weave back and forth and he now
has a better understanding of the problem. We appreciate his efforts to look at
the problem firsthand and not simply look at reports and information about this
local, regional and truly a national problem for freight. Identifying this
interchange, as Congressman Royce said, as a primary freight network will help
in getting the funds necessary to "fix" the problem. He thanked staff and
Councilwoman Herrera for the perseverance it has taken over 13-15 years to
stick with this problem. We have lobbied Congressman Miller for years and by
making sure that Congressman Royce realizes the impacts this has on DB and
surrounding communities and the Inland Empire, we have not missed a beat as a
result of redistricting. We appreciate their efforts to be here. Congressman
Shuster coming all the way from the gch District in Pennsylvania to see the
problems that impact our area and the traffic that we put up with is greatly
appreciated.
To piggyback on Councilwoman Herrera's request about dog owners and their
responsibility/irresponsibility, he asked CM/DeStefano to include public service
announcements on DBTV although he is not sure that people who do not pick up
after their dogs are really paying too much attention to PSA's.
C/Chang reminded everyone that as usual, they can follow her on Facebook and
Twitter. M/Tanaka, MPT/Everett and she attended the Chino Hills State of the
City presented by Mayor Peter Rogers. It was interesting to learn what the
JUNE 4, 2013 PAGE 14 CITY COUNCIL
neighboring city is doing. She attended the DB Chinese School Honors
Presentation, The DB Chinese School has been run by the DB Chinese-
American Association for quite a number of years and it is wonderful to see that
so many kids are learning Chinese. Another very interesting presentation was
that Dr. Tony Torng is an advisor for the DBHS Robotics Team and they made a
presentation with a Frisbee throwing robot which they built.
She and MPT/Everett attended the United Advocates Association Mental
Arithmetic presentations. These kids who use an Abacus are like human
calculators and probably faster.
As everyone heard from C/Herrera and CFFye as well as CM/DeStefano, the
Council gave a presentation to Chairman Shuster. She believes credit goes to
Congressman Royce. She and Chairman Shuster shared a conversation during
which he said that Congressman Royce twisted his arm several times to get him
to visit the SR57/60. DB is very fortunate to have Congressman Royce represent
the City. She has been focused on the SR57/60 Confluence Project since she
was elected to Council. Traffic is getting worse and hopefully, this can be fixed
as soon as possible. She heard from other cities surrounding DB that Chairman
Shuster apparently mentioned the SR57/60 during the Association of California
Cities Orange County presentation so it is locked in his mind. DB also caught the
eye of Channel 4 news and the LA Times so that is a huge, huge win for us, just
to have the spotlight on this problem that everyone has been working so hard on
to gain relief. Thanks again to Congressman Royce for his diligent efforts. She
was very impressed that when he was going through the numbers he did so from
memory so that shows how much he has studied and absorbed this issue. She
spoke with PWD/Liu about the fact that on the SR60 west between Grand
Avenue and Brea Canyon exit there is a sign that is misleading motorists going
to the SR57 northbound. The sign indicates that drivers are allowed to go onto
the SR57 northbound but it does not, so hopefully Caltrans can shift the sign
more to the right.
She also attended the Lorbeer Middle School 8th Grade Promotion and it was
great to see the young kids move on to high school and thanked the principal for
a more efficient program.
M/Tanaka said that it has been a very busy couple of weeks. He hoped that
everyone had a chance to celebrate the Memorial Holiday to remember our fallen
heroes from our military services. He welcomed Sterling Mosley to the DB
family.
Last Wednesday he attended the LA County Sanitation District 21 meeting where
routine business was conducted as well as attended the Chino Hills State of the
City address given by Mayor Peter Rogers where he emphasized the youth and
their programs. He also talked about Edison's Tehachapi Renewable Energy
High Power Lines and mentioned doing away with the birthing hotel. There was
a nice reception in the city hall lobby sponsored by the Chamber of Commerce.
JUNE 4, 2013 PAGE 15 CITY COUNCIL
That Friday he attended the Pacific Crest Youth Arts Program Dinner and Casino
Night where they celebrated their 20th Anniversary. This is a DB music program
that allows students that have graduated from high school to continue their
musical interests. He thanked Stuart Pompel for his leadership over the last 20
years.
That Saturday he had an invitation from AQMD's chemist and engineers who
play a co-ed softball game over the weekend and asked that he present a key
from the City of DB which he explained that we don't have a key to the City but
he had an old squeeze ball from years back that he autographed and presented
to the winning team. That Saturday evening he attended the Taekwondo
International Festival in the City of Industry, a wonderful event that was
coordinated by Grand Master Young In Cheon and his daughter Ann.
Taekwondo schools from around the world were represented in Olympic fashion
with demonstrations and competitions all day long.
On Sunday evening DRHS Music Department had a chance to showcase their
musical program in the historic Pomona Fox Theater. The Pageantry performed
the Winterline Symphony. Soloists and the Women's Ensemble also performed.
The evening concluded with the jazz band performing to allow guests to dance
the night away.
Last Tuesday there was a transportation meeting and he thanked Congressman
Shuster for coming out to DB to actually look at the SR57/60 Confluence
problem. Again, the crowning point was the trip to the Grand Avenue Bridge
where he was able to observe firsthand, on a relatively light day, all of the
weaving that trucks and vehicles do on that freeway.
Last Wednesday he attended the 44th annual LA County Peace Officer's
Memorial at Sheriffs Headquarters, the last leg of the Memorial Torch Run,
which runs through each of the LA County Sheriff's Stations throughout the
County. The guest speaker was Jackie Lacey, LA County's District Attorney.
This past Thursday he attended the promotion exercise at Southpoint Middle
School and a shout out for promotion for his Grand Niece Peyton Eubanks. That
evening he attended the DBHS graduation to witness dozens of Leo Club
members graduate and go on to the colleges of their choice. Best wishes to all
of the graduates from DBHS. He wished Kay Everett a Happy Birthday the wife
of MPT/Everett who is not here because he is out celebrating with family
members.
JUNE 4, 2013 PAGE 16 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned
the Regular City Council Meeting at 7:55 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2013.
JACK TANAKA, MAYOR
Agenda No. 6.2(a)
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
FEBRUARY 14, 2013
CALL TO ORDER:
Chairman Carrera called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall
Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Mahlke led the Pledge of Allegiance.
ROLL CALL: Commissioners Jen "Fred" Mahlke, Liana Pincher,
Peter Pirritano, Vice Chairman Kenneth Mok and
Chairman Ted Carrera.
Also Present: David Liu, Public Works Director; Christian
Malpica, Associate Engineer (Traffic), and Marcy
Hilario, Administrative Coordinator.
I. APPROVAL OF MINUTES:
A. Minutes of the January 10, 2013 Regular Meeting
C/Mok moved, C/Pirritano seconded, to approve the Minutes of the January
10, 2013 meeting as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Pincher, Pirritano, VC/Mok,
Chair/Carrera
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
II. PUBLIC COMMENTS: None Offered.
III. ITEMS FROM STAFF:
A. Receive and File Traffic Enforcement Updates for:
1. Citations: November & December 2012; January 2013
2. Collisions: November & December 2012; January 2013
3. Street Sweeping: November & December 2012; January 2013
FEBRUARY 14, 2013
IV
1V
1Vl P
PAGE 2
T&T COMMISSION
C/Pincher asked if the Street Sweeping Community Service Officer (CSO) was
a sworn police officer and PWD/Liu responded "yes." PWD/Liu confirmed
C/Pincher's statement that if someone harassed the CSO to the point where
he felt it was necessary to call for assistance he could do so.
Chair/Carrera asked about the extent of the Community Service Officer's
authority and PWD/Liu said he would get back to Chair/Carrera on the
specifics of the CSO's authority.
C/Mahlke moved VC/Mok seconded, to receive and file the Traffic
Enforcement Update reports for November and December 2012 and January
2013. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Mahlke, Pincher, Pirritano, VC/Mok,
Chair/Carrera
NOES:
ABSENT:
OLD BUSINESS
NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
None
None
STATUS OF PREVIOUS ACTION ITEMS:
VII. ITEMS FROM COMMISSIONERS:
None
None
None
Chair/Carrera shared that he observed the morning traffic backed up on Diamond Bar
Boulevard at Mountain Laurel Way on its way to Chaparral Middle School. He asked
for the methodology for allowing the traffic to turn right while still allowing the
southbound Diamond Bar Boulevard traffic to proceed through.
AE/Malpica explained that staff has been out in the field observing students crossing,
as well as vehicular turning movements at this intersection since late last week. The
current crossing guard is new to this location (about 2 weeks or so), and she is still on
a learning curve. In the AM peak hour during the school drop-off time, both pedestrian
and vehicular traffic are heavy. Balancing the needs of these two user groups is key
to reducing the congestion concern. We have an established one-way vehicular
circulation pattern to and from Chaparral Middle School. If we pushed too many
vehicles through this intersection, we could end up with more congestion issues in
this neighborhood. Staff has been discussing our observations with the new crossing
guard to ensure that she manages this intersection effectively and efficiently.
FEBRUARY 14, 2013 PAGE 3 T&T COMMISSION
Staff is also looking at the feasibility of extending the right turn pocket (on southbound
Diamond Bar Boulevard) to store more vehicles for right -turn movement and to
minimize heavy congestion on the thru lanes.
Upon consulting with our traffic engineer about some timing improvements, the traffic
engineer suggested running this intersection on free mode. This way, we do not
shorten the green time from other phases (directions). The free mode will provide the
necessary green time for each direction depending on the demand, especially during
the 15-20 minute school rush hour.
PWD/Liu stated that staff has been reviewing the current traffic flow plan around the
school for the past couple of weeks and will be working with the parents and school
authorities to help mitigate this situation.
Chair/Carrera said that the flow works well. The right turn pocket is set up for a non -
traffic condition; however, when there is a greater traffic flow condition, there are
more people waiting to turn right, which slows traffic. He understands why staff would
not endorse a longer right -turn lane.
VIII. INFORMATIONAL ITEMS:
A. CDBG Curb Ramp Project
AE/Malpica stated that the contractor has completed all of the CDBG curb
ramps in the Peaceful Hills Road/Pathfinder Road area. The construction
crew is currently working on the Gateway Center area which should be
completed by the end of next week or the middle of the following week.
B. CCTV Project
AE/Malpica indicated thatthe contractorwill commence installation of cameras
at eight locations next Monday, which will take approximately three weeks after
which testing will commence. The project is anticipated to be completed by
the end of March, weather permitting.
C. Median Project at Grand Avenue and Summitridge Drive
AE/Malpica explained that this project is part of the retrofitting project that
commenced in 2008. The City's consultant checked all of the intersections for
possible line -of -sight issue throughout the City, made an assessment of the six
locations and presented his recommendation to staff. To date, three locations
have been completed. The Grand Avenue and Summitridge Drive location is
the fourth location slated for improvement. This project should be completed
by the end of March.
FEBRUARY 14, 2013 PAGE 4 T&T COMMISSION
D. Traffic Signal Operation and Maintenance Master Plan
AE/Malpica stated that the purpose of this plan is to provide a comprehensive
study of the City's traffic signal system, to examine the current hardware and
software, and to make an assessment of the current coordination and
maintenance efforts and, most importantly, to identify any deficiencies. This
roadmap will provide the basis for recommended improvements. This plan
should be completed within the next three to four months.
PWD/Liu explained that when looking at the age and condition of some of the
signalized intersections, these existing traffic signals are more than 30 years
old. This report would lay the groundwork for future operation and
maintenance of the City's traffic signal system.
E. SR57/60 Confluence at Grand Avenue Project — Public Hearing
PWD/Liu announced that, working alongside Caltrans, there will be a public
hearing on March 6th from 5:30 p.m. to 8:00 p.m. at SCAQMD in the GB
Conference Room. The purpose of this public hearing will be to discuss the
two-mile long confluence area along the SR -57/60 that includes proposed
auxiliary lanes and on/off ramp re -configurations. From 5:30 p.m. to about
6:15 p.m., attendees will have an opportunity to view mockups of the project.
At 6:15 p.m., Caltrans will make a presentation after which the Q&A session
will continue until 7:15 p.m., with an opportunity for the public to interact with
staff and Caltrans until 8:00 p.m. This is a major first step toward the "Big Fix'
improvements and Industry's effort to widen the Grand Avenue
bridge/overpass across the freeway. Caltrans recently completed the Draft
Environment Impact Report in which they evaluated the potential impacts of
the no-build/build improvement alternatives. The Public Hearing notice has
been published in various newspapers, as well as the March issue of the City's
newsletter. The review period commences February 18th and continues to
April 5, 2013 when the public review period ends.
VC/Mok asked how extensive the advertising would be for the public to attend
the hearing. PWD/Liu responded that this item will be on the front page of the
March City Newsletter. In addition, the public hearing notice will be published
in various newspapers such as the San Gabriel Valley Tribune, La Opinion and
others. Also, the City of Industry has setup the website www.freetheway.orq
which is dedicated to the SR -57/60 and will provide a link to the public hearing
meeting and the Draft EIR document. A copy of the Draft EIR will be available
for public viewing at the Diamond Bar Public Library. VC/Mok asked staff to
notify Gina from the Diamond Bar/Walnut Patch as well. PWD/Liu thanked
VC/Mok for this reminder.
Chair/Carrera encouraged Commissioners and members of the public to
attend this significant public hearing and assist in moving this project forward.
FEBRUARY 14, 2013 PAGE 5 T&T COMMISSION
IVA
PWD/Liu further stated that the golf course designer and L.A. County
representatives will be present at the public hearing to talk about how this
project will impact the golf course and require a complete reconstruction.
SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Carrera adjourned the meeting at 7:29 p.m.
The foregoing minutes are hereby approved this I-nl day of M�Lf L- 12013,
Respectfully,
David G. secretary
IGTIMI
I
Cti i man Ken Mok
Agenda No. 6.2(b)
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING
APRIL 11, 2013
CALL TO ORDER:
Chairman Carrera called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall
Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Pincher led the Pledge of Allegiance.
ROLL CALL: Commissioners Jen "Fred" Mahlke, Liana Pincher,
Peter Pirritano, Vice Chairman Kenneth Mok and
Chairman Ted Carrera.
Also Present: David Liu, Public Works Director; Kimberly Young,
Associate Engineer; Christian Malpica, Associate
Engineer (Traffic), and Marcy Hilario,
Administrative Coordinator.
REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION:
Recommendation: Selection of Chair and Vice Chair for the Traffic and
Transportation Commission to serve for one year.
C/Carrera nominated C/Mok to serve as Chairman of the Traffic and Transportation
Commission. C/Pincher seconded the nomination. There were no other nominations
offered. C/Mok was unanimously elected to serve as Chairman of the Traffic and
Transportation Commission for one year by the following Roll Call vote:
C/Mahlke
Yes
C/Pincher
Yes
C/Pirritano
Yes
C/Mok
Yes
C/Carrera
Yes
C/Pincher nominated C/Mahlke to serve as Vice Chair of the Traffic and
Transportation Commission to serve for one year. C/Carrera seconded the
nomination. There were no other nominations offered. C/Mahlke was unanimously
elected to serve as Vice Chair of the Traffic and Transportation Commission for one
year by the following Roll Call vote:
APRIL 11, 2013 PAGE 2 T&T COMMISSION
C/Mahlke
Yes
C/Pincher
Yes
C/Pirritano
Yes
Chair/Mok
Yes
C/Carrera
Yes
II. APPROVAL OF MINUTES:
A. Minutes of the February 14, 2013 Regular Meeting
C/Carrera moved, VC/Mahlke seconded, to approve the Minutes of the
February 14, 2013 meeting as corrected. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Carrera, Pincher, Pirritano,
VC/Mahlke, Chair/Mok
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
III. PUBLIC COMMENTS: None Offered.
IV. ITEMS FROM STAFF:
A. Receive and File Traffic Enforcement Updates for:
1. Citations: January, February and March 2013
2. Collisions: January, February and March 2013
3. Street Sweeping: January, February and March 2013
VC/Mahlke asked for confirmation that there were no DUI Collisions for
January 2013. PWD/Liu said staff would check on the matter and get the
information back to the Commission.
C/Pincher said she noticed in the City News that there was a new article
regarding street sweeping and tickets. She asked if future articles could
reference what residents could do to address traffic issues, especially having
to do with their neighbors, so that they know who and where to call. Having
received numerous such comments, she advises folks to call the Sheriffs
Department to report the matter. For example, many drivers have blown
through the stop sign on her street, which was justly placed to counter line of
sight concerns. Perhaps a reminder about enforcement can be put in a future
article.
APRIL 11, 2013 PAGE 3 T&T COMMISSION
VC/Mahlke moved, C/Pirritano seconded, to receive and file the Traffic
Enforcement Update reports for January, February and March 2013. Motion
carried by the following Roll Call vote:
AYES:
NOES:
ABSENT:
V. OLD BUSINESS:
VI.
NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS
COMMISSIONERS
None
None
VII. STATUS OF PREVIOUS ACTION ITEMS:
Carrera, Pincher, Pirritano,
VC/Mahlke, Chair/Mok
None
None
PWD/Liu stated that during the February meeting, C/Pincher questioned whether the
street sweeping Community Services Officer (CSO) was a sworn officer and his
response at that time was yes. The information received from the Sheriff's
Department was that the CSO is not a sworn officer; he is a full-time civilian
employee. However, he can call for assistance from the Sheriff's Department as
needed.
PWD/Liu added that at the February meeting, C/Carrera asked about the extent of
the CSO's authority. Staff again followed up with the Sheriff's Department and was
told that as a civilian employee, his primary responsibility is the issuance of street
sweeping related parking citations. In addition, he assists with writing police and
crime related reports (burglaries, thefts, vandalism, etc.) as needed by the Sheriff's
Department. During non -street sweeping weeks, the CSO assists with other
department duties as well as traffic control.
Chair/Mok said he witnessed his neighbor receive a ticket and asked if there was
anything he could have done to warn him. PWD/Liu pointed out that there is an
appeal process and that there are exemptions in our policy that can be considered.
The primary purpose of issuing citations is to keep the streets clear in order for the
street sweepers to do their jobs on the dates and times indicated.
Chair/Mok asked if the Golden Springs Elementary School parking lot construction
had been completed and he asked if there has been any trickledown effect with traffic
for which the City should be concerned about. PWD/Liu responded that the project
was completed and there have been no unusual conditions observed and no input
from neighbors. Now that both sides of the campus are opened up, it definitely helps
alleviate some of the congestion issues, especially along Ballena Drive. PWD/Liu
shared that he was contacted by the Pomona Unified School District's Director of
Public Safety and, based on his discussions with the school administrator, he was
asked to consider certain signage along Ballena Drive to facilitate some of the loading
APRIL 11. 2013 PAGE 4 T&T COMMISSION
and unloading of kids. He also asked about the possibility of assigning an additional
crossing guard. PWD/Liu asked him to observe the situation while working with staff
and if the system needs to be tweaked, staff will recommend so. To date, PWD/Liu
has not heard back from him.
Chair/Mok asked VC/Mahlke if she had any first-hand observation of the circulation
improvements. VC/Mahlke responded she had not heard anything negative about the
improvements.
AE/Malpica added that staff had been working with the crossing guard at the school
because they were noticing some congestion which had to do with the way they were
crossing kids.
VIII. ITEMS FROM COMMISSIONERS:
C/Carrera congratulated Chair/Mok and VC/Mahlke on their appointments.
C/Pincher said it was nice to have Chair/Mok on board and thanked outgoing
Chair/Carrera for his service to the Commission and the City.
Chair/Mok said it had been a few months since hearing anything about the NTMP. He
asked if there were any projects in the works. PWD/Liu responded there is at least
one that is in the pipeline. AE/Malpica has been working with a neighborhood on the
east side of Diamond Bar Boulevard where Quail Summit Drive leads into the
neighborhood bounded by Quail Summit Drive and Meadow Glen Road. There have
been some concerns about speeding and cut -through traffic. Staff has collected
speed data and AE/Malpica will be meeting with the residents to educate them about
the NTMP and ask them to initiate a petition to begin the process.
IX. INFORMATIONAL ITEMS:
A. CDBG Curb Ramp Project
AE/Malpica stated that the contractor has completed installation of 66 new
ramps and five new truncated domes. The contractor completed the punch list
which was accepted by staff and staff will take the Notice of Completion to the
May 7th City Council meeting for consideration. The upgrades and new ramps
were installed in the areas of Pathfinder Road/Peaceful Hills Road and
Gateway Center.
B. CCTV Project
AE/Malpica indicated that the contractor installed cameras at eight (8) key
locations three weeks ago. The consultant configured the cameras last week
APRIL 11, 2013 PAGE 5 T&T COMMISSION
and continues the fine-tuning to make sure that when the final test is
conducted, all cameras will pass. Staff is anticipating the test to be performed
in the next two weeks and, following completion and acceptance, the Notice of
Completion will be taken to the City Council in May.
C. Median Project at Grand Avenue and Summitridge Drive
AE/Malpica explained that this project is part of the City's priority list. The
City's consultant is reviewing staff's comments and staff expects the consultant
to come back with a final plan within the next two weeks. Once plans and
specs are approved, the project will go to bid in May with construction to
commence late June/early July.
D. Traffic Signal Operation and Maintenance Master Plans
AE/Malpica stated that in order to maintain quality traffic flow throughout the
City, staff requested the City's traffic consultant to prepare a draft proposal for
plan performance which has been received by staff and is currently under
review. Staff will submit comments back to the consultant and we anticipate
receiving the final proposal prior to June 30th. Staff will begin implementing the
consultant's recommendations in early July. This Master Plan will give the City
a roadmap of what type of improvements are needed to aid the existing Traffic
Management System. This will include equipment upgrades such as
controllers, communication cards, intersection rewiring and improvements to
existing underground interconnect structures. The project is expected to be
completed in a couple of months.
E. SR57/60 Confluence at Grand Avenue Project— Public Hearing for Draft EIR
PWD/Liu stated that most of the Commissioners were present on March 6th
when Caltrans conducted a Public Hearing meeting in the SCAQMD
Auditorium from 5:30 to 8:00 p.m. The purpose of the meeting was to present
project information and to solicit public comments regarding the proposed
project. There were about 80 people in attendance. Approximately two dozen
were residents and businesses. In addition, there were attendees from
different agencies including Commissioners and Council Members, field
representative from Supervisor Knabe's office and a Council Member from the
City of Industry.
Articles were included in the City Newslefterand the meeting was advertised in
the newspapers. There were some good comments offered but nothing that
cannot be addressed in the near future.
Area 1 B/Zone 7 Road Maintenance Project
AE/Young reported that this project is getting underway. Staff is finalizing the
plans and specifications this week and they will be available for contractors to
APRIL 11, 2013
X.
PAGE 6
T&T COMMISSION
pick up beginning April 22"d. The engineer's estimate for this project is $1.25
million and the expected bid opening is May 13th. Residential Area 1 B is all of
the local residential roadways south of the SR -57/60 freeway around Golden
Prados Drive, Rio Lobos Road and the neighborhood surrounding Quail
Summit Elementary School. Arterial Zone 7 roadways are Golden Springs
Drive between Brea Canyon Road and Lavender Drive and Diamond Bar
Boulevard between Brea Canyon Road and the southbound SR -57 ramps.
SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda.
Chair/Mok said he hoped to see everyone at the City Birthday party on Saturday at
Pantera Park.
ADJOURNMENT: There being no further business to come before the Traffic and
Transportation Commission, Chair/Mok adjourned the meeting at 7:38 p.m.
The foregoing minutes are hereby approved this a �� day of MA 2013,
Respectfully,
z a
David G. Liu, Secretary
Attest:
(9 �
C rman Kenneth Mok
Agenda No. 6.3
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
May 14, 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: Commissioners Farago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Jack Shah, Vice
Chairman Tony Torng, Chairman Steve Nelson
Absent: Commissioner Jimmy Lin was excused.
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie
Tobon, Assistant Planner; David Liu, Public Works Director; 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 April 23, 2013
VC/Torng moved, Chair/Nelson seconded, to approve the Minutes of the
Regular Meeting of April 23, 2013, as presented. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Shah, VC/Torng, Chair/Nelson
None
Farago
Lin
MAY 14, 2013
6. NEW BUSINESS:
PAGE 2 PLANNING COMMISSION
6.1 Review of Fiscal Year 2013-2014 Capital Improvement Program (CIP)-
for conformity with the General Plan.
SP/Lee presented staff's report and recommended Planning Commission
adoption of a Resolution finding the proposed Fiscal Year 2013-2014
Capital Improvement Program to be in conformance with the General
Plan.
VC/Torng said he had no questions about the presentation but asked if the
Lemon Avenue project would actually be finished by next June. PWD/Liu
responded that currently, the Lemon Avenue interchange is in the right-of-
way phase. However, there are complications with respect to City of
Industry's effort to be a financial partner to fund the right-of-way phase.
During the past few years City of Industry has dedicated their
redevelopment funds toward both the design and the right-of-way costs.
Because of Redevelopment Agency concerns, funding will not be an
option for City of Industry. As a result, Diamond Bar will restart the right-
of-way phase in July and based on the July start date, the right-of-way
phase could be completed by the end of June 2014 with construction
commencing immediately thereafter with construction slated to be
completed within a year and one-half. According to that time schedule,
the project should be completed by the end of 2015. The project is a
three-quarter interchange meaning that there will be on/off ramps in the
eastbound direction and a westbound onramp, but not a westbound off -
ramp. The existing off -ramps at Brea Canyon will remain and the existing
eastbound on/off (hook ramps) across the street from Barros Pizza, will be
eliminated, which will help with the local circulation.
C/Shah said that Nogales just had a groundbreaking ceremony and said
he believed that Fairway Drive project would be constructed next year
sometime and Fullerton just started a design. He asked if Diamond Bar
was coordinating the construction timing with ACE, particularly when the
Fairway Drive project goes, the tracks will be elevated about 12 feet or so
and the street will be depressed. So most likely they will be in
construction next year and he was curious if the traffic on Gale would be a
mess when the off ramp was being built. He thought Nogales was going
to close and that Fairway would be closed and Fullerton would be closed
when construction commenced. PWD/Liu said that staff is aware of the
different ACE projects, especially the project at Fairway. ACE recently sat
down with Diamond Bar to discuss a traffic management plan and one of
the mitigation measures identified for the City was a temporary signal at
MAY 14, 2013
PAGE 3 PLANNING COMMISSION
the intersection of Lemon and Walnut Drive. Diamond Bar is looking
forward to close collaboration with ACE regarding traffic impacts. The
next several years there will be a lot of construction activities and the CIP
the Commission is reviewing tonight contains several of those items that
will actually commence this year.
There was no one present who wished to speak on this item.
C/Shah moved, C/Farago seconded, to adopt a Resolution finding the
proposed Fiscal Year 2013-2014 Capital Improvement Program to be in
conformance with the City's General Plan. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
7. CONTINUED PUBLIC HEARING(S):
Farago Shah, VC/Torng;
Chair/Nelson
None
Lin
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).
(Continued from April 23, 2013)
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
AP/Tobon presented staff's report and recommended Planning
Commission approval of Development Review No. PL2010-373, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
MAY 14, 2013 PAGE 4 PLANNING COMMISSION
C/Shah asked about the topography of the site. AP/Tobon responded that
currently, the site is being rough graded for the five -lot subdivision and
most of the building pad is in place. The area that is being filled is toward
the back and side of the house toward the building pad. The cross
sections are included in the packet in the architectural plans.
Chair/Nelson said he assumed that's why the grading was miniscule and
PT/Tobon said grading was very minimal with this lot because the building
pad is currently being rough graded.
Chair/Nelson opened the public hearing.
Amat Tejuden, EBTA Architects, Irvine, thanked staff members, who have
been great in working with his firm throughout this process and guiding
them through Diamond Bar's very particular ordinances and design
criteria. With respect to the grade, he stated that these are fairly large
parcels and the way the Master Plan is designed is that the majority of the
pad is in the area he pointed out using the map. Part of the requirement
for the pad is that they have a 25 foot extended area toward the back and
as a result of that, there are retaining walls that are built within the hillside
which all conform to the four foot maximum height and are spaced roughly
three and one-half feet apart creating the required level area. This plan is
a one-story with a two-story element with courtyards and breakups
throughout the plan. The Master Plan called for 44,000 square foot lots
allowing for relatively flat pads. -
C/Shah complimented the architect on the elevation and the design. He
asked from the back of the site after the retaining wall, how much drop
down or slope is there and Mr. Tejuden responded that it was natural
slope that would not exceed 2:1. The intent is that there will be planting
between the walls that will actually grow up over the walls. C/Shah said
he was concerned about runoff.
VC/Torng asked if there were any protected trees in the area and
Mr. Tejuden responded that it is a raw land site. AP/Tobon responded
that this was done through a tree permit during the subdivision and
Tentative Tract Map project. CDD/Gubman said that there is an extensive
mitigation implementation plan that was part of this five -lot subdivision
where the developer has been required to go through the Department of
Fish and Game permitting process and are required to provide
replacement habitat and trees as part of the overall development. Once
this project gets to the individual lot phase the sites are basically ready to
build without any further mitigation.
MAY 14, 2013 PAGE 5 PLANNING COMMISSION
With no one else present who wished to speak on this item, Chair/Nelson
closed the public hearing.
VC/Torng moved, C/Shah seconded to approve Development Review
No. PL2010-373, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Farago, Shah VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None -
ABSENT: COMMISSIONERS: Lin
Chair/Nelson congratulated the applicant and architect on a lovely home
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. (Continued from April 23, 2013)
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22588 Pacific Lane (Lot 4)
Diamond Bar, CA 91765
Jerry Yeh
Horizon Pacific
20888 Amar Road #203
Walnut, CA 91789
AP/Tobon presented staff's report and recommended Planning
Commission approval of Development Review No. PL2010-372, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
Chair/Nelson commented that there are no invasive plant species within
either palate.
MAY 14, 2013 PAGE 6 PLANNING COMMISSION
VC/Torng asked if the tatami room was detached and AP/Tobon
responded that it is. VC/Torng asked why it was separated from the main
living area. VC/Torng invited the applicant to provide those details.
Chair/Nelson opened the public hearing.
Amat Tejuden, EBTA Architects, Irvine, on behalf of Horizon Pacific, said
EBTA was contacted to design something unique within "The Country
Estates" and EBTA appreciates this opportunity. This house can appeal
to many sorts of buyers but the tatami room is on axis with the master
bedroom and one might think the room impacts the view but it does not
because there is fenestration on both the front and back so views are
actually framed by that structure. He sees that area as fulfilling a desire
for better health — exercise, yoga and even meditation, a room that blends
in with the natural environment and the views. Beyond that there is a
sculpted gravel garden which provides a tranquil space. Both houses
have courtyards with wings that actually envelope the land around it. The
site plan and floor plan are all integrated to take full advantage of light and
landscape which is the primary reason for that type of structure. He
thanked staff for their consideration during this process.
C/Shah said this too was a very nice design and the layout of the footprint.
With no one else present who wished to speak on this item, Chair/Nelson
closed the public hearing.
VC/Torng moved, C/Farago seconded, to approve Development Review
No. PL2010-372, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution. The motion was
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Shah, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lin
Chair/Nelson congratulated the applicant and architect on another lovely home.
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
MAY 14, 2013
PAGE 7 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that the next scheduled Planning Commission
meeting is slated for May 28 with two items set for that agenda consisting
of two additional new homes, one on Alamo Heights in "The Country
Estates" and the second is for a new home to replace a home that needed
to be demolished as a result of the Sunset Crossing/Minnequa landslide
several years ago. When that hillside was repaired and all of the
remediation work was completed, the house could not be salvaged so the
item to be reviewed at the next meeting will be for the replacement home
on that property.
CDD/Gubman reported that with respect to Site D, last week Lennar
Homes submitted the Tentative Tract Map and Development plans and
their project consists of 182 dwellings. The Site D Specific Plan allowed
for up to 200 units and Lennar was able to yield 182 somewhat less than
what was approved. There are three product types in the initial application
being proposed which will be coming before the Commission in about
three months which will consist of single family detached housing, 47 of
which would be units on individual "for sale' lots; there will be an additional
73 detached homes which will be in a condominium configuration and
those units will be on a commonly owned parcel among individuals
homeowners; the balance of the site is proposed to be 62 attached
townhome products. The product types are somewhat similar to the
Brookfield Development above Target which also consists of both
attached and detached products. The subdivision map also includes a
collection of parcels that would collectively comprise the required parkland
to be dedicated to the City the net acreage of which is approximately 3
acres. Under the Specific Plan the developer is obligated to provide 2 net
acres. The Developer hosted a follow up meeting last Thursday at
Heritage Park. VC/Torng was present along with Parks and Recreation
Commissioners and City Council Members. The purpose of the meeting
was to follow up on the Neighborhood Outreach Workshop that was held
last January to get community input on the character and types of
amenities for the Site D Neighborhood Park. The consensus plan that
was presented at the meeting last week reflected the individual and group
exercise activities that collectively created a vision for the park. The
workshop facilitator took all of the workshop input and went through a very
detailed and systematic process of synthesizing all of those individual
thoughts into an overall consensus plan. Some of the park amenities
would include a couple of tot lots, walking trails, seating areas, an area
MAY 14, 2013 PAGE 8 PLANNING COMMISSION
that is preliminarily called the rain garden which takes in a water
retention/water quality feature that is required for new developments
whereby a certain amount of storm water runoff is retained. What the
development proposes to create is a wetland area that would offer a
habitat, interpretive panels and walking paths and bridges to create a
unique environment to add to the City's park amenities inventory.
CDD/Gubman briefed the Commission on the progress of the Shell Station
abatement effort. As previously mentioned, the Shell Station is under the
control of a receiver at this time. The receiver has gone through a process
of accepting bids from contractors to complete the work for the stalled
project and is concurrently consulting with commercial Real Estate
Brokers because the ultimate goal after completing the project, is to sell
the project and take the proceeds from the sale to reimburse the City for
its legal expenses to cover the receivership fees that were incurred, to pay
off the liens that have accumulated on the property due to back taxes,
mechanics liens, etc. This has been a long and painstaking process and
there are several legal requirements that need to be filled to go through a
receivership process and staff is hopeful that within the next 60 days
construction will commence with the construction phase taking about 60
days. Staff sees this project finally reaching the finish line in about four
months.
C/Shah asked if there was an update on the Walmart Grocery Store at
Grand Avenue and Diamond Bar Boulevard. CDD/Gubman responded
that the property was sold to ROIC and they will not acknowledge it is
Walmart although their PR Department put out a press release that said
the "Neighborhood Walmart Market" so it's out there. The property owner
does not know what the rollout timeframe is with the grocery store. What
staff does know is that there are plans to rollout several store openings
within a fairly well planned sequence. As of this time, the City has not
been contacted about permitting or construction scheduling. The press
release that disclosed confidential information did not scare Walmart
away. The deal has proceeded and it will happen.
Chair/Nelson asked where the City is in ranking of people to be paid from
the proceeds of the Shell Station sale and CDD/Gubman responded that
the City is second below the federal government seeking $1.8 million in
tax liens that takes super priority over all other liens. The receivership has
priority over all of the other liens. So the City would be next in line after
the federal government.
MAY 14, 2013 PAGE 9 PLANNING COMMISSION
Chair/Nelson asked if staff knows the value of the property and
CDD/Gubman said staff believes it is around $4.5 million which will allow
the City to recoup its money.
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 7:50 p.m.
The foregoing minutes are hereby approved this 28th day of May, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
S eve Nelson, Chairman
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # -L-_4--_ _
Meeting Date: June 18th, 2013
AGENDA REPORT
FROM: James DeStefano, City Man
TITLE: Ratification of Check Register date May 30, 2013 through June 12, 2013
totaling $ 400,487.98.
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 400,487.98 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 30, 2013 through June 12,
2013 for $ 400,487.98 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:
Finance Director
Attachments: Affidavit and Check Register — 05/30/13 through 06/12/13.
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 30, 2013 through June 30, 2013 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Description
General Fund
Prop A - Transit Fund
Integrated Waste Mgt Fund
Com Dev Block Grant Fund
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Self Insurance Fund
Signed:
A,-, d
(F,p,)Dianna Honeywell
Finance Director
Amount
$348,221.81
$605.00
$13,508.49
$5,250.00
$1,178.36
$503.71
$309.93
$29,537.68
$1,373.00
$400,487.98
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Agenda # 6.5
Meeting Date: June 18, 2013
CITY COUNCIL �`' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Manak--p
TITLE: Second Reading of Ordinance (2013) for Amendments to Title 22
of the Diamond Bar Municipal Code ("Development Code") (Planning
Case No. PL2013-513)
APPLICANT: City of Diamond Bar
RECOMMENDATION:
Approve for Second Reading by Title only, Waive full reading of Ordinance No.
XX(2013) and adopt.
FINANCIAL SUMMARY:
The costs associated with the review of this project have been borne by the City.
BACKGROUND:
On June 4, 2013, the City Council conducted a public hearing and approved for first
reading of Ordinance No. XX(2013) to amend certain sections of Title 22 of the
Diamond Bar Municipal Code in order to implement policies and programs contained in
the City's certified 2008-2014 Housing Element.
The Council approved the first reading by 4-0 vote.
Prepared by:
S::A� U1. ), -Q-t-
G raf4 S. B93
Senior Planner
Reviewed by:
s
Greg Gubman, AICP
Community Development Director
Reviewed by:
David Doyle
Assistant City Manager
Attachments:
CC Staff Report Dated June 4, 2013
Ordinance No. XX(2013)
DCA PL No. 2012-513 SECOND READING Page 2
CITY COUNCIL
Attachment 1
Agenda ;ur 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
1. Establishment of zoning standards for emergency shelters and transitionallsupportive
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 cormnercial uses requiring more land area than is available in General
Commercial or Commercial Office areas. This designation also is intended to
acconunodate the need for energeney shelters and single-rooin 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.
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.
Prepared by:
1
G e S. Lee
Senior Planner
Reviewed by:
David Doyle
Assistant City Manager
Reviewed by:
Greg Gubman, AICP
Community Development Director
Attachments:
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 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) / (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:
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
o I A9161
4. Moderate income is defined in California Health and Safety Code Section
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.
3
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.
1/_IAIx4ai[y
MAXIMUM DENSITY BONUS BASED ON AFFORDABLE UNITS PROVIDED
13
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.
13
TABLE 3-17
EXAMPLE DENSITY BONUS CALCULATION
minimum
project
size)
Lower Income
Moderate
Senior Housing
Land Donation (very low
10%
15%
1 0
/0
0
35 /0
0
30 /o
income projects only
20 units
35 units
Size
25% (or
5%
10%
10%
100%
D=Bonus20%
incentive of
20%
5%
20%
Q
equivalent
Total Project
24 units
33% low -to-
21 units
42 units
Units
Condominium/Apartment
financial
Distribution of
1 Very Low
2 Lower Income
2 Moderate
moderate
Project Units
Income 23
22 Market -Rate
Income 19
Conversions (Pursuant to
income
value
NA
25%
NA
California Government
Pursuant to
Code Section 65915.5).
15% very
CA Govt
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%
D=Bonus20%
20%
5%
20%
Q
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.
0
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:
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:
L 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
7
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:
P
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,
entitled to receive one additional incentive.
the applicant shall be
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.
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 Unif
0 to 1 bedroom 1
2 to 3 bedrooms
4 or more bedrooms
2
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.
10
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:
11
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.
12
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.
13
(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.
14
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 4TH DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Jack Tanaka, Mayor
1, 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 flay 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
W.
CITY COUNCIL
Agenda _#
Meeting Date: June 18, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JULY
16, 2013 REGULAR MEETING.
RECOMMENDATION:
Approve.
FINANCIAL SUMMARY:
As shown on the attached Engineer's Report, $268,245 of assessment generated by
this District and $14,902 of the General Fund are proposed to pay for the operation and
maintenance costs budgeted in special fund No. 138.
BACKGROUND/DISCUSSION:
The attached Engineer's Report for the City's Landscaping Assessment District Number
38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 17,883 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2012-2013 was
$15.00 per parcel. The amount to be assessed for Fiscal Year 2013-2014 is to remain
at $15.00 per parcel. The assessments will be utilized towards the general
maintenance of City's medians and parkways.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to
finance the capital costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control drainage systems or vector control.
Prepared By:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2013 -XX
Engineer's Report, dated June 18, 2013
2
RESOLUTION NO. 2013 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 16, 2013 REGULAR MEETING.
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find. determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 38 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2013-14 pursuant to Part 2 of Division 15 of the Streets and
Highways Code of the State of California, known as the "Landscaping and
Lighting Act of 1972," within that area designated "City of Diamond Bar
Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and
incorporated herein by reference.
1
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, maintenance and servicing of landscaping and any
facilities which are appurtenant thereto or which are necessary or convenient for
the maintenance and servicing thereof, including but not limited to, repair,
removal or replacement, grading, clearing, removal of debris, pruning,
fertilization, pest control and weed control, and the installation or construction of
appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or
water, irrigation, drainage, or electrical facilities. Said installation, maintenance
and servicing of the landscaping and installation, maintenance and servicing of
related work shall be within the area of Assessment District No. 38 as shown on
Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1,"
as attached hereto and incorporated herein by reference.
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 38 for fiscal year 2012-13. Said proposed assessment per lot
is the amount of $15.00, the same amount which was levied in fiscal year 2012-13.
6. This Council hereby fixes 6:45 p.m. on July 16, 2013 in the Windmill Room
located at the Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, California, as
the time and place for a hearing before this Council on this question of the levy of the
proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 38 for fiscal year 2013-14 and hereby gives notice of said hearing.
2
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed
exclusively to finance the capital costs and maintenance and operation expenses for
streets and sidewalks and that the assessments are exempt from the requirements of
Article XIIID, Section 4 of the California Constitution.
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 18th day of June, 2013.
Jack Tanaka
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at the regular meeting
of the City Council of the City of Diamond Bar held on the 18th day of June, 2013, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommy Cribbins, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 38
Fiscal Year 2013-14
CITY OF DIAMOND BAR
Preliminary: June 18, 2013
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
5225 Canyon Crest Drive, STE 71 PMB 315
Riverside, CA 92507
(951) 781-0811
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-1" - Assessment Diagram
Exhibit"B-1" - Improvement Map
Page
1
2
3
4
6
7
8
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2013-14 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 38
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of landscaped
areas owned by the City of Diamond Bar which are located in public rights-of-way within the
City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated special benefits to be received by
each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax,
and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal
government, are not assessable under pre -Prop 218 law.
Assessment District No. 38
Engineer's Report — FY 2013-14
BOUNDARIES OF DISTRICT
The boundary of the District is completely within the City limits of the City of Diamond Bar and
is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of
Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the District are
described in detail on maps on file in the Los Angeles County Assessor's office.
Assessment District No. 38 2
Engineer's Report— FY 2013-14
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or
injury.
The removal of trimmings, rubbish, debris and other solid waste.
Improvements to be serviced and maintained include, but are not limited to, median island and
parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit
"B-1," attached hereto, shows the location and extent of the landscaping improvements to be
maintained by the proceeds from this assessment district.
Assessment District No. 38
Engineer's Report— FY 2013-14
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 38 for the 2013-14 Fiscal Year is as follows:
2013-14
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2012-13) $ 0
Property Tax — Special Assessments 268,245
Interest Revenue 0
Transfer in — General Fund 14,902
TOTAL $ 283,147
Annronriations:
Personnel Services
Salaries
$ 0
City Paid Benefits
0
Retirement District Staffing is
0
Worker's Compensation Expense being subsidized by
0
Short/Long Term Disability General Fund
0
Medicare Expense
0
Cafeteria Benefits
0
Operating Expenses
Advertising
5,000
Utilities
116,325
Maintenance of Grounds / Buildings
16,200
Professional Services
4,005
Contract Services
Excel Landscape Maintenance
140,617
Gopher Control
1,000
Reserve for Future Capital Improvements
0
TOTAL
Assessment District No. 38 4
Engineer's Report — FY 2013-14
$ 283,147
Plans and Specifications
Plans and specifications showing the general nature, location and extent of the proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 38
Engineer's Report — FY 2013-14
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the
improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
Beautification of the streets which are used by all of the residents in Diamond Bar
2. A sense of community pride resulting from well-maintained green spaces.
The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that well over 90 percent of the parcels within the City of
Diamond Bar are residences. Because the special benefits derived apply equally to all residents
and parcels, it has been determined that all assessable parcels would receive the same net
assessment.
Assessment District No. 38
Engineer's Report — FY 201.3-14
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements:
Estimated Number of Parcels:
Estimated Assessment Per Parcel:
2013-14 Assessment Per Parcel:
2011-12 Assessment Per Parcel:
Difference:
Assessment District No. 38
Engineer's Report — FY 2013-14
$268,245
17,883
$ 15.00
$ 15.00
$ 15.00
$ 0.00
ASSESSMENT ROLL
The individual 2013-14 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated:, 2013
GFB-FRIEDRICH & ASSOC., INC.
J3104* A. F DI ICH
Assessment District No. 38
Engineers Report — FY 2013-14
EXHIBITS
Assessment District No. 38
Engineer's Report— FY 2013-14
CITY COUNCIL
Agenda # 6.6 (b)
Meeting Date June 18, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mang �
0
TITLE: RESOLUTION OF THE CITY OUNCIL OF THE CITY OF
DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JULY
16, 2013 REGULAR MEETING.
RECOMMENDATION:
Approve.
FINANCIAL SUMMARY:
As shown on the attached Engineer's Report, the $162,630 of assessment generated
by this District and $84,052 of General Fund are proposed to pay for the operation and
maintenance costs budgeted in special fund No. 139.
BACKGROUND/DISCUSSION:
The attached Engineer's Report for the City's Landscaping Assessment District Number
39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of operation and
maintenance, a diagram for the District and the assessments.
The estimated number of parcels within the District is 1,251 parcels. The amount
assessed upon the lands within District Number 39 for Fiscal Year 2012-2013 was
$130.00 per parcel. The amount to be assessed for Fiscal Year 2013-2014 is to remain
at $130.00 per parcel. The assessments will be utilized towards the general
maintenance of slopes, open space areas and the five (5) mini parks within District 39.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
Prepared By: _
David G. Liu
Director of Public Works
Attachments: Resolution No. 2013 -XX
Engineer's Report, dated June 18, 2013
2
RESOLUTION NO. 2013 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 16, 2013 REGULAR MEETING.
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) No substantial changes in existing improvements are proposed for said
Assessment District No. 39.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 39 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2013-14 pursuant to Part 2 of Division 15 of the Streets and Highways
Code of the State of California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment District No. 39," as shown
on Exhibit "A-2" attached hereto and incorporated herein by reference.
1
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance
and servicing thereof, including but not limited to, repair, removal or replacement,
grading, clearing, removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities, including
curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance and servicing of the landscaping and
installation, maintenance and servicing of related work shall be within the area of
Assessment District No. 39 as shown on Exhibit "A-2." The location and type of
improvement is shown on Exhibit "B-2," as attached hereto and incorporated
herein by reference."
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 39 for fiscal year 2013-14. Said proposed assessment per lot
is the amount of $130.00, the same amount which was levied in fiscal year 2012-13.
6. This Council hereby fixes 6:45 p.m. on July 16, 2013 in the Windmill Room
located at the Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, California, as
the time and place for a hearing before this Council on this question of the levy of the
proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 39 for fiscal year 2013-14 and hereby gives notice of said hearing.
2
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed pursuant
to a petition signed by the persons owning all of the parcels subject to the assessment
at the time the assessment was initially imposed and that the assessments are exempt
from the requirements of Article XIIID, Section 4 of the California Constitution.
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 18th day of June, 2013.
Jack Tanaka
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at the regular meeting
of the City Council of the City of Diamond Bar held on 18th day of June, 2013, by the
following Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 39
Fiscal Year 2013-14
CITY OF DIAMOND BAR
Preliminary: June 18, 2013
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
5225 Canyon Crest Drive, STE 71 PMB 315
Riverside, CA 92507
(951)781-0811
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-2" - Assessment Diagram
Exhibit "13-2" - Improvement Map
Page
1
2
4
6
7
8
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2013-14 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 39
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of landscaped
areas owned by the City of Diamond Bar which are located in public rights-of-way within the
City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated special benefits to be received by
each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax,
and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government, are
not assessable under pre -Prop 218 law.
Assessment District No. 39
Engineer's Report — FY 2013-14
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office of the
City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property
included within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 39
Engineer's Report — FY 2013-14
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as follows:
Landscapine
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or
injury.
3. The removal of trimmings, rubbish, debris and other solid waste
The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks,
slopes and open spaces within the District. Exhibit "13-2, attached hereto, shows the location
and extent of the landscaping improvements to be maintained by the proceeds from this
assessment district.
Assessment District No. 39
Engineer's Report — FY 2013-14
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 39 for the 2013-14 Fiscal Year is as follows:
2013-14
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2012-13) $ 0
Property Tax and Assessments 162,630
Interest Revenue 0
Transfer In — General Fund 84,052
TOTAL $ 246,682
AonroDriations:
Personal Services
Salaries
$ 0
City Paid Benefits
0
Retirement District Staffing is
0
Worker's Compensation Expense being subsidized by
0
Short/Long Term Disability General Fund
0
Medicare Expense
0
Cafeteria Benefits
0
Operating Expenses
Advertising
5,000
Utilities
71,000
Maintenance -Grounds & Bldg.
9,850
Professional Services
4,500
Contract Services
Excel Landscape Maintenance
139,332
Weed/Pest Abatement (L.A. County Ag)
17,000
Capital Outlays
Miscellaneous Equipment
0
Reserve for Future Capital Improvements
0
TOTAL
Assessment District No. 39 4
Engineer's Report— FY 2013-14
$ 246,682
Plans and Specifications
Plans and specifications showing the general nature, location and extent of any proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 39
Engineer's Report — FY 2013-14
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the
improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
Beautification of the streets which are used by all of the residents in Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that all of the parcels within the District are residences.
Because the special benefits derived apply equally to all residents and parcels, it has been
determined that all assessable parcels would receive the same net assessment.
Assessment District No. 39
Engineer's Report— FY 2013-14
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements:
Estimated Number of Parcels:
Estimated Assessment Per Parcel:
2013-14 Assessment Per Parcel:
2011-12 Assessment Per Parcel:
Difference:
Assessment District No. 39
Engineers Report— FY 2013-14
$162,630
1,251
$ 130.00
$ 130.00
$ 130.00
$ 0.00
ASSESSMENT ROLL
The individual 2013-14 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: Z 4— 2013
o. c
* Exp. 3-31-14
CIVIL _4
Assessment District No 39
Engineers Report — FY 2013-14
GFB-FRIEDRICH & ASSOC., INC.
N A. FRIEDRICH
EXHIBITS
Assessment District No. 39
Engineer's Report — FY 2013-14
EXHIBIT "A-2" SHEET 1 OF SHEET
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0, 39
FISCAL YEAR 2013-2014
FOR THE
CITY OF DIAMOND BAR
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ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0, 39
FISCAL YEAR 2013-2014
FOR THE
CITY OF DIAMOND BAR
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CITY COUNCIL
Agenda # 6 . 7
Meeting Date : June 18, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Mana e
TITLE: APPROVE EXTENSION OF CON RACT AGREEMENT WITH HARDY &
HARPER, INC. FOR THREE YEARS (FY13-14, FY14-15, AND FY15-16)
FOR ON-CALL STREET MAINTENANCE SERVICES SPECIFIC TO
ROAD PAVEMENT, SIDEWALK, CURB & GUTTER AND STRIPING
MAINTENANCE.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
On June 17, 2008 a five year contract with Hardy & Harper, Inc. was approved by
Council with unit pricing identified in their proposal. Hardy & Harper, Inc. has agreed to
hold their unit pricing through FY2015-2016. Funded by Gas Tax, the Public Works
Street Maintenance budget for FY2013-2014 which is adequate for the estimated
expenditure for the various maintenance services throughout the City.
BACKGROUND/DISCUSSION:
In June 2008, Council awarded the on-call street maintenance services contract to
Hardy & Harper, Inc. for a five-year period beginning July 1, 2008 through June 30,
2013 with a provision to award a contract extension upon successful demonstration of
exemplary contract performance.
The overall scope of work includes pavement, sidewalk, curb & gutter and striping
maintenance as deemed necessary upon field inspection by the Public Works Street
Maintenance Superintendent.
The service provided by Hardy & Harper, Inc. has been exemplary for the last five (5)
years. Staff recommends that the Council approve the extension of three years to the
agreement with Hardy & Harper, Inc. for On -Call Street Maintenance Services.
PREPARED BY:
Kimberly M. Young, Associate Engineer
REVIEWEQ-B
David G. Liu, Director of Public Works
DATE PREPARED:
June 6, 2013
Attachments: Attachment "A", Amendment No.1 with Hardy & Harper
Request letter dated May 17, 2013
2
AMENDMENT NO. 1
TO THE STREET MAINTENANCE SERVICES AGREEMENT
This Amendment No. 1 to the Agreement is made and entered into this 18th day
of June, 2013, between the CITY OF DIAMOND BAR, A Municipal Corporation
(hereinafter referred to as "CITY") and HARDY & HARPER, INC. (hereinafter referred
to as "CONTRACTOR").
A. RECITALS.
(i) The CITY has heretofore entered into an Agreement with
CONTRACTOR to provide On -Call Street Maintenance Services,
which the Agreement was dated July 1, 2008.
(ii) The CONTRACTOR submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide on-call street maintenance
services.
(iii) The CONTRACTOR submitted a request for extension of the
contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to
provide on-call street maintenance services.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
Section 1: Scope of Services of the Agreement is hereby amended to
read as follows:
Scope of Services. The nature and scope of the specific
services to be performed by CONTRACTOR are as described in Exhibit
"A" dated May 28, 2008. CONTRACTOR shall begin its services under
this Agreement on July 1, 2013.
Section 5: Compensation of the Agreement is hereby amended to read
as follows:
Compensation. CITY agrees to compensate CONTRACTOR
for each service which CONTRACTOR performs to the satisfaction of
CITY in compliance with the schedules set forth in Exhibit "A". Payment
will be made only after submission of proper invoices in the form specified
by CITY.
Section 9: Termination of Agreement is hereby amended to read as
follows:
3
Termination of Agreement. This Amendment No. 1 will
terminate June 30, 2016 unless otherwise extended in advance and in
writing by the City Manager.
Each party to this Amendment No. 1 acknowledges that no
representation by any party which is not embodied herein nor any other
agreement, statement, or promise not contained in this Amendment No. 1
shall be valid and binding. Any modification of this Amendment No. 1
shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement No. 3 as of the day and year first set forth above:
"CITY"
ATTEST:
M
Tommye A. Cribbins, City Clerk
APPROVED AS TO FORM:
M
City Attorney
4
CITY OF DIAMOND BAR
M
Jack Tanaka, Mayor
HARDY & HARPER
L-�:-)C 1-t 1 E's l s` 1\
ardy & Harper, Inc.
STATE LIC. Number 215952
1312 EAST WARNER AVENUE
SANTA ANA, CA 92705
(714) 444-1851 • FAX (714) 444-2801
May 28, 2008
City of Diamond Bar
Public Works
21825 Copley Drive
Diamond Bar, Ca. 91765
To Whom It May Concern:
Hardy & Harper, Inc., an engineering and paving contractor is proud to acknowledge that
2008 is our 62"d year of service to counties, municipalities, school districts and other
public institutions in the greater Southern California area. The firm maintains a
contractor's license in classes A, C-8 and C-12. Our Contractor's License number is
215952.
BACKGROUND AND APPROACH
A significant segment of our business is devoted to city, and county asphalt & concrete
maintenance. We have had the County of Orange asphalt maintenance contract for the
past 10 years. We have held the City of Mission Viejo asphalt maintenance contract for
15 years, and we have held the City of Palos Verdes asphalt & concrete contract for the
past 20 years. Please see the attached list of other valued municipalities that currently
have maintenance contracts with Hardy & Harper Inc. We have three grinding crews,
three concrete crews, and five asphalt patch crews currently available serving our existing
city and county maintenance clients. These crews were developed to act as "'total quality
quick response units" These crews have been developed and implemented as a tool to
enhance performance, production, and quality in the field under the supervision of Mike
Morgan, our Superintendent of City Maintenance. Having crews in these specialties
devoted to city maintenance working together with standardized procedures and an
integrated team approach promotes a high degree of professionalism, efficiency, and
quality. The expertise and experience these crews gain from working on the jobsites at
one city is transferred to jobsites at other cities all over Southern California. These crews
excel at city maintenance because city maintenance is all that they do.
METHODOLOGY AND SCOPE OF WORK
I . Sidewalk Grinding: A one man crew with a cement grinder and sweeper follows a
prescribed route planned by the Superintendent of City Maintenance so that he can move
swiftly to each repair site and complete the work in a single visit.
2. Sidewalk Patch AC: a one man crew with a cement grinder, sweeper and a vibrating
plate follows a schedule planned by the Superintendent of city Maintenance so that he
can reach the most sites in the least amount of time. He uses the grinder to prepare and
clean the site, applies the asphalt and compacts it with a vibrating plate.
3. Sidewalk R & R, and Curb and Gutter R & R: Any saw cutting to remove damaged
material is done first. All debris is removed and hauled away from the site. For sites
where roots are not involved cement forms are anchored in position and cement is
poured. After the cement is cured a finishing crew removes the forms and backfills as
necessary to give the jobsite a finished look and feel. Any damaged sprinklers are
repaired. Sites laden with roots will be left open until a city contracted root grinding
crew can remove the roots. Once the roots are removed our crew will form the site, pour
the cement, apply and compact any asphalt as necessary. Then any required backfill or
sprinkler repair will be completed.
4. Road Maintenance: Any saw cutting to remove damaged material is completed first. A
remove & replace crew with a backhoe, and dump truck hauls away the debris from the
site. Then the site is capped, finished, and compacted unless the asphalt depth needed
requires that a base course be laid first. In which case the base course will be laid first
and left for a week to allow traffic to compact it. Then a crew will return to cap it and
finish it.
5. Striping: All striping will be subcontracted to another contractor under the oversight of
Hardy and Harper Inc.
Note: Barricades and delineators will be used at all times. All traffic control and watch
manuals will be observed.
COMPANY PROFILE:
The company is located at 1312 E. Warner Ave. Santa Ana, California 92705. This site is
located in central Orange County. It is located within easy access to four major freeways
that traverse Santa Ana, California. The Santa Ana (I-5) Freeway runs northwest to
southwest through the northern portion of the city; the Costa Mesa (55) Freeway runs
north to southwest along the city's eastern border; the Garden Grove (22) Freeway runs
east to west along the city's northern border; the San Diego (1-405), runs east to west
approximately on anile south of our location. See Area Description attached. Our specific
business location consists of 3.7 acres. There are 3,862 square feet of office space for
administration and 11,072 square feet of warehouse space devoted to fleet maintenance.
The remainder of the site is utilized for vehicle and equipment storage as well as material
inventory.
For 62 years Hardy & Harper Inc. has been providing service to municipalities, school
districts, homeowner's associations and private builders. Our expertise and services
include: asphalt paving, asphalt overlay, pothole patching, grading, slurry and striping,
hauling, demolition, concrete, concrete grinding, trip hazard repair, sidewalk grinding,
emergency cleanup, and emergency repairs. Through a bargaining agreement with the
AGC of Southern California we have signed Master Labor Agreements with the
Construction Laborers, Operating Engineers, and Cement Masons. There are currently
seventy (70) full time union employees with our firm in communication with our
dispatcher through our Nextel cell phone network. We employ two mechanics and one
senior mechanic to maintain our fleet of vehicles and heavy machinery. We have a salary
staff of approximately 20 people that include, superintendents, project managers, office
administrators, clerical and accounting personnel. Our firm uses a state of the art
accounting system called Master Builder to accumulate costs by job and client. The
system is also utilized for payroll and certified payroll reporting. The firm also has an in-
house scanning system to digitally preserve and file job related documentation. This
information is available to office personnel with desktop computers and field personnel
that have laptop computers via an internet connection.
Financial statements will provided upon award of the bid.
ORGANIZATION AND PROJECT TEAM
The following is a brief description of our key personnel. Fred T. Maas Jr. is our
President and Treasurer with 29 years of experience at the helm of Hardy & Harper Inc.
Fred has served as President of the AGC Orange County Chapter and is currently a
member of their board. Dan T. Maas is our CEO. He has 12 years of experience in the
industry and he is currently a member of the AGC Orange County Chapter board. Steven
M. Kirschner is our Vice President and has 29 years with the firm as a Senior Officer,
Chief Estimator and Coordinator. Kristen Paulino, is the Director of Accounting and
Secretary of the firm. She has been with the firm for 18 years and overseas accounting
and administration. Mike Amundson is a Project Manager with over 10 years of
experience in the industry. He has been with Hardy & Harper Inc., for three years and
currently manages the public works projects for the firm. Mike Morgan, City
Maintenance Superintendent, has 7 years of industry experience and oversees all
maintenance contract service.
Steve Kirschner will be your Project Manager. He will direct Mike Morgan and the
foremen and leadmen that supervise the crews assigned to city maintenance. The number
of crews available at any time fluctuates depending on demand but currently we have
three grinding crews, three concrete crews, and five asphalt patch crews allocated to city
maintenance.
SCHEDULE AND TRANSITION PERIOD
Since Hardy & Harper Inc. has been working on the city's street and sidewalk
maintenance over the past year, we feel that it will be a smooth transition to engage our
fine to do the maintenance required by the contract. Our firm has been the subcontractor
to M.C.E Corporation on 10 repair and restoration projects in Diamond Bar over the past
year and we are well acquainted with the expectations, specifications and standards of
your city's projects. Please see the attached article from CalContractor which highlights
the expertise and thoroughness applied to a one day job repairing a 70 feet long 18 feet
wide strip of pavement on a major roadway in Diamond Bar.
REFERENCES:
Please see attached list of references and letters of reference attached.
ACCEPTANCE OF CONDITIONS AND AGREEMENT:
The pricing in our bid is effective as long as the city accepts our bid and executes a
contract within the next 90 days. Our firm accepts all other conditions and scope of work
as outlined in the Request for Proposal dated April 17, 2008 subject to the attached letter
from our insurance agency, Crosby Insurance .
PROMOTIONAL MATERIAL AND OTIIER INFORMATION:
See attached flier promoting Hardy & Harper's services. See attached article in
CalContractor featuring a project on a major roadway in Diamond Bar.
COMPENSATION SCHEDULE:
See the attached compensation schedule as outlined in Appendix `B" of the Request for
Proposal dated April 17, 2008.
Si*4&Aoe��
Steve Kirschner
Vice President
APPENDIX"B"
STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE
Pa. 1-2
WORK ACTIVITIES
UNIT
EST. UNIT
ANNUAL PRICE
TY
AMOUNT
ROAD MAINTENANCE
4" AC SURFACE R&R
S.F.
3000
6" AC SURFACE R&R
S.F.
2000
8" AC SURFACE R&R
S.F.
5000
eO
3/8 Fine AC SKIN PATCH
S.F.
5000
SAW CUT
L.F.
1000
ADJUST MANHOLE
E.A.
100
GUARDRAIL MAINTENANCE
L.F.
100
ROAD MARKINGS PAINT
SOLID DOUBLE YELLOW
L.F.
257000
2 -WAY LEFT
L.F.
10,000
2
`-
I-WAY PASS
L.F.
10,000
12
4" SKIP
L.F.
25,000
4" SOLID
L.F.
25,000 Q,
"1 -
6" SOLID
L.F.
2500 �+
8" SOLID
L.F.
2500 I
'=
12" LIMIT LINE
L.F.
5000
-
TYPE I ARROW 10')
E.A.
25 1 Cj?5
A
QQJ 25
TYPE IV ARROW (8')
E.A.
25
2S d[
( R I 25
TYPE VII ARROW (13')
E.A.
15
'_
`O
8' LETTER
E.A.
200
80
`=
REFLECTIVE PAVE MARKER
E.A.
500 310
O -
CERAMIC RAISED MARKER
E.A.
500
O
SANDBLAST W/CLEAN UP
S.F.
1000
°
ROAD MARKINGS THERMOPLASTIC
SOLID DOUBLE YELLOW
L.F.
500
8
S--
2-WAYLEFT
L.F.
250 ver
as -0
1 -WAY PASS
L.F.
250
SS
5U
4" SKIP
L.F.
100W
4" SOLID
L.F.
100
6" SOLID
L.F.
500
8" SOLID
L.F.
500
k4 m
12" LIMIT LINE
L.F.
500
TYPE I ARROW (10')
EA.
25
TYPE IV ARROW (8'
E.A.
25TYPE
VII ARROW (13'
E.A.
15
8'LETTER
E.A.
200
TOTAL AMOUNT BID (IN FIGURES) >
APPENDIX "B"
STREET MAINTENANCE SERVICES COMPENSATION SCHEDULE
Pe. 2-2
WORK ACTIVITIESUNIT
REGULAR
EST. ANNUAL
QTY
UNIT AMOUNT
PRICE
SIDEWALK, CURB &
GUTTER MAINTENANCE
AIR COMPRESSOR
SUPERINTENDENT
SIDEWALK R&R
S.F.
10,000
SUPERVISOR
W
CURB & GUTTER R&R
L.F.
1000
1
°d QZ7
SIDEWALK PATCH AC
E.A.
100
950 LOADER
SIDEWALK GRIND
E.A.
200
dxv—
TOTAL AMOUNT BID (IN FIGURES) > y
TIME AND MATERIAL RATES
LABOR RATES PER HOUR
REGULAR
OVERTIME DOUBLE TIME
AIR COMPRESSOR
SUPERINTENDENT
f5owI
Ll
SUPERVISOR
W
i L bt-
FOREMAN
1
FLATBED TRUCK
MASON
A
950 LOADER
Ll�=
ASPHALT RAKER
-
°v
a'
LABORER
ell06
Orb
EQUIPMENT OPERATOR�(
.-
-'
--
TRUCK DRIVER
'E
1 Cl6w--
Z °D
EQUIPMENT RATES PER HOUR
RATE
AIR COMPRESSOR
-
/4
ARROWBOARD
Ll
D
BACKHOE
°"
BOBCAT W/GRINDER
DUMP TRUCK
°0
FLATBED TRUCK
A
950 LOADER
PICKUP TRUCK
500
A
ROLLER
SKIP LOADER
WATER
Q
SWEEPER
°`
1 I"
a2i A4agqu 6"tU atan
STATE LIC. Number 215952
1312 EAST WARNER AVENUE
SANTA ANA, CA 92705
(714) 444-1851 • FAX (714) 444-2801
R ECEIVED
MAY 212013
May 17, 2013
City of Diamond Bar
Data T i
21810 E. Copley Drive
Diamond Bar, CA 91765
Dear David:
MR
t�-:xH1Bi i
Hardy & Harper would like to request a (3) three year extension on the On -Call Street
Maintenance Services specific to road pavement, sidewalk curb & gutter and striping
maintenance.
We will hold our same unit pricing until 2015/2016 fiscal year. If you need any further
assistance please do not hesitate to contact our office.
t incerely, /
Steve Kirschner
Vice President
CITY COUNCIL
TO: Honorable Mayor and Mem
VIA: James DeStefano, City
Agenda # 6 . g
Meeting Date: June 18, 2013
AGENDA REPORT
of the City Council
TITLE: APPROVE CONTRACT AME$4DMENT NO. 1 WITH SIEMENS
INDUSTRY, INC (FORMELY REPUBLIC ITS) FOR A THREE-YEAR
EXTENSION FOR TRAFFIC SIGNAL MAINTENANCE SEVICES FOR
FISCAL YEARS (FY 2013-2014, FY 2014-2015 AND FY 2015-2016)
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
The Fiscal Year 2013-2014 budget includes an appropriation of $220,000 for both
routine and extraordinary traffic signal maintenance services throughout the City. These
services included routine maintenance at 64 intersections, 6 underpass lights, and one
flashing beacon. The current routine monthly maintenance costs will remain the same at
$58 per intersection, $40 for the flashing beacon and $50 for the underpass light
maintenance. All other service costs will be based upon labor and materials on an as
needed basis at the rates prescribed in the original contract agreement dated June 15,
2010.
BACKGROUND/DISCUSSION:
In September of 2010 Republic ITS became part of the Siemens Industry, Inc. In order
to maintain same quality of service, Siemens Industry, Inc., kept the exiting Republic
ITS employees and business relationship intact. The existing three-year contract will
expire on June 30, 2013; therefore, Siemens Industry, Inc. has requested a three-year
service extension with no increase on rate fees for the next three fiscal years.
Siemens Industry, Inc. (formely Republic ITS) has been providing traffic signal
maintenance services to the City for the last 13 years. Because of the company's
history with providing quality services and their staff familiarity with City's traffic signal
equipment and software, it is beneficial to continue using Siemen Industry, Inc.
Therefore, staff is requesting City Council approval of Contract Amendment No.1.
PREPARED BY:
Christian Malpica, Associate Engineer Date Prepared: June 6, 2013
1:7 VV►/IM►DIM1H:yi
rte'
David G. Liu; Director of Public Works
Attachment: Three -Year Extension Request Letter, dated June 6, 2013
Contract Amendment No. 1
AMENDMENT NO. 1 TO THE AGREEMENT FOR
TRAFFIC SIGNAL MAINTENANCE SERVICES
This Amendment No. 1 to the City's Contract Agreement is made and entered into this
181h day of June, 2013 by and between the CITY OF DIAMOND BAR, a municipal corporation
(hereinafter referred to as "CITY") and SIEMENS INDUSTRY, INC. (FORMELY REPUBLIC ITS)
(hereinafter referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with Siemens
Industry, Inc. (Formely Republic ITS) to provide Traffic Signal
Maintenance Service, which the Agreement was dated June 15,
2010.
(ii) CONTRACTOR has requested a three-year extension proposal
("PROJECT" hereinafter), a full, true and correct copy of which
attached hereto as Exhibit "A" to extend said services for a period
of three (3) years.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 1: Section 2 of the agreement is hereby amended to read as follows:
2. Term of Agreement. The term of this Agreement shall commence July 1,
2013 and shall be extended through June 30, 2016,
Section 2: Section 3 of the Agreement is hereby amended to read as follows:
3. Compensation. CITY agrees to compensate CONTRACTOR for each
service, which CONTRACTOR performs to the satisfaction of CITY in
compliance with the schedule set forth in the original Agreement dated June
15, 2010. Payments will be made only after submission of proper monthly
invoices in the form specified by CITY. Payments to CONTRACTOR pursuant
to this Agreement shall not exceed with the schedule fees set forth or as
reference to the original Agreement dated June 15, 2010.
Each party to this Supplemental Agreement acknowledges that no representation by any party
which is not embodied herein nor any other agreement, statement, or promise not contained in
this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental
Agreement shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Agreement as of the day and year first set forth above.
"CITY"
ATTEST:
By:
Tommye Cribbins, City Clerk
APPROVED AS TO FORM:
SERVICES
In
City Attorney
4
CITY OF DIAMOND BAR
Jack Tanaka, Mayor
SIEMENS INDUSTRY, INC.
Steven M. Teal, Operations Manager
June 6, 2013
David Liu
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Subject: Traffic Signal Maintenance Contract Extension 2013
Dear Mr. Liu,
Please consider this letter as a formal request for the extension of our current Traffic Signal
Maintenance Contract. We are requesting an extension for an additional three (3) years which will
extend the current contract through June 30a', 2016. All contracted rates will remain the same
throughout the duration of this extension.
We feel we have completed another successful and mutually beneficial year with the City of Diamond
Bar. We thank you for your business and we are looking forward to another successful year working
together. Please feel free to give me a call if you have any questions or concerns.
Sincerely,
i
Michael J. Hutchens
Sr. Service Account Manager
SIEMENS RCMCS —Anaheim
(714)630-2100 - (714)630-2828 fax - 1266 NORTH LA LOM1 CIRCLE • ANAHEIM, CA 92806
BOSTON DALLAS LOS ANGELES • SACRAMENTO - SAN DIEGO SAN FRANCISCO
CITY COUNCIL
934717.1
Agenda # F _ q
Meeting Date: June 18, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma r
TITLE: APPROVAL OF A CONTRACT MENDMENT WITH SUSTAINABLE
ENVIRONMENTAL MANAGEMENT COMPANY (SEMCO) EXTENDING
THE CONTRACT TERM THROUGH JUNE 30, 2014 AT A COST OF
$44,000 FOR A TOTAL NOT -TO -EXCEED CONTRACT AMOUNT OF
$126,500
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
If approved, the contract extension will be fully funded using resources from the
Integrated Waste Management Fund and eligible grant funds, both of which do not
impact the General Fund,
BACKGROUND/DISCUSSION:
SEMCO has provided technical assistance to the City's environmental services
programs and solid waste franchise agreements since 2010. Staff has found SEMCO's
overall performance and expertise to be a key component in managing both the City's
environmental services programs and the complexities of the two waste hauler
franchise agreements. SEMCO's services to the City include:
• Monitoring of waste hauler franchise provisions to ensure compliance with
program requirements, waste stream diversion, recycling, and franchise, AB 939,
street sweeping, and road maintenance fee payment formulas and schedules.
• Review of waste hauler rate increase requests.
• Review of quarterly and annual waste hauler performance reports.
• Administration of various environmental grant programs, including Used Oil and
Beverage Container Recycling.
• Other as needed environmental services and technical assistance.
With the City's agreement with SEMCO expiring September 21, 2013, and the not -to -
exceed amount approaching concurrently, the parties have agreed to a contract
extension expiring at the end of the 2013-14 fiscal year (June 30, 2014). If approved by
the City Council, this extension will increase the contract amount by $44,000 in FY 13-
14, resulting in a total not -to -exceed contract amount of $126,500.
During the contract term, SEMCO has demonstrated a complete knowledge of Diamond
Bar's franchise requirements, fees, performance standards, diversion requirements and
environmental programs. With this, staff recommends the City Council approve the
amendment extending the current Professional Services Agreement through June 30,
2014.
PREPARED
Ryan can
Assista to the City Manager
Attachments: Second Amendment to Agreement
SEMCO Consulting Services Proposal
934717.1 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT ("Amendment')
is executed as of , 2013 by and between the City of Diamond Bar, California, a
municipal corporation ("City') and the Sustainable Environmental Management Company
("Consultant'), hereinafter together occasionally referred to as "the parties".
RECITALS
A. In September 2010, Consultant entered into a Professional Services Agreement
("Agreement') with the City to provide solid waste contract management services and other
environmental services for a two-year period.
B. The parties entered into a first amendment to the Agreement extending the tem of the
Agreement from September of 2012 to September of 2013 and increasing the not to exceed
amount to $82,500.
B. The parties desire to amend the Agreement to extend the term through June 30, 2014 at
a not -to -exceed cost of $44,000, bringing the amended total not -to -exceed contract amount to
$126,500.
NOW THEREFORE, in consideration of the foregoing, City and Consultant hereby agree to
amend the Agreement and the First Amendment as follows:
Paragraph 2 is amended to read as follows:
This contract shall take effect September 22, 2010 and shall continue until June
30, 2014 unless earlier terminated pursuant to the provisions herein.
2. Paragraph 3 is amended to read as follows:
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 "A"
attached to the Agreement. Payment will only be made after submission of proper invoices in
the form specified by City. Total payment to Consultant pursuant to this Agreement shall not
exceed $126,500.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and year
first written above.
Dated: ,2013
Dated: ,2013
934717.1
CITY OF DIAMOND BAR
By:
James DeStefano
City Manager
M
CONSULTANT
Sustain aI)le Enviroil I Manage tent Co,
SEMCO
June 4, 2013
David Liu, PE
Public Works Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
SUBJECT: CONSULTING SERVICES PROPOSAL FOR HAULER MANAGEMENT, USED OIL
GRANT, AND BEVERAGE CONTAINER RECYCLING GRANT
Dear Mr. Liu,
Thank you for the opportunity to extend our consulting services relationship with the City
of Diamond Bar (City). Per the City's request, provided herein is our comprehensive
proposal for all consulting services to be performed through June 30, 2014. Sustainable
Environmental Management Company (SEMCO) is pleased to continue assisting the
City with hauler management activities, and the administration of CalRecycle grants.
Our proposed tasks are described on the following pages, and organized into the
following categories:
I. Hauler Management
II. Used Motor Oil Grant
III, Beverage Container Recycling Grant
1. HAULER MANAGEMENT
The City oversees two waste hauler contracts (one with Waste Management, Inc., and
the other with Valley Vista Services). SEMCO will provide technical consulting services
administering the waste hauler contracts, protecting the interests of the community,
and communicating on a regular basis with the City. We will ensure that all required
programs and services are implemented by the haulers, fees are accurately calculated
and submitted to the City, and reporting requirements are strictly adhered to. The
following will be key targets of our assessment organized by main task area. For each
item, we indicate which party will have primary or shared responsibility (i.e., City
Consultant).
Task Descriptions
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1. Ensure that haulers pay franchise fees on
Receive and process
Perform analytical analysis
time. Franchise Fees are due quarterly,
payment.
of payment based on
within 30 days after the end of each
tonnage, accounts, and
quarter.
volumetric data.
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2. Ensure that haulers pay AB939 fees on time.
Receive and process
Perform analytical analysis
AB939 fees are due quarterly, within 30 days
payment.
of payment based on
after the end of each quarter.
tonnage, accounts, and
volumetric data.
3. Ensure that WM pays Street Sweeping
Calculate amount due.
Funding. $85,000 during first contract year,
Receive and process
and on adjusted amount annually
payment.
thereafter. Payments due guarterly.
4. Ensure that WM pays Residential Collection
Calculate amount due.
Vehicle Road Maintenance Cost
Receive and process
Reimbursement. $115,000 during first
payment.
contract year, and an adjusted amount
annually thereafter. Payments due
quarterly,
5. Review and approve hauler's request for
Confirm receipt of request.
Conduct analysis based
rate increase, which will be submitted by
Prepare. staff report,
on formula and analytics,
March 31 of each year.
provide recommendation
to city.
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6. Review monthly and quarterly reports.
Confirm receipt of report.
Conduct detailed review
Analyze data across quarters and site any
and analysis using
discrepancies,
volumetric and quantity
factors.
7. Review and analyze annual reports. Annual
Confirm receipt of report.
Conduct detailed review
reports are due each January 30,
and compare to
agreement requirements
and industry standard.
8. Review and approve WM recycling rebate
Confirm receipt of report.
Conduct review and
report, which will be submitted by March 31
analysis, provide
of each year.
recommendation to City.
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9. Periodic hauler meetings.
Schedule and attend
Attend meetings to
meetings.
discuss pending issues and
ensure compliance with
a reement requirements.
10. Ensure that haulers follow appropriate
Verify procedure for
procedure for increasing service level due
affected customers.
to overflowing bins, backyard service, push
out service, and scout service.
11. At City request, haulers must collect any
Place request with haulers.
items abandoned in thepublic-right-of-way,
at no cost to Cit .
12. Monitor bulky waste pickup program. SFR
Confirm haulers'
Verify reported
and MF customers are allowed 4 free pick
appropriate actions.
information. Utilize hauler
ups per year. Haulers must follow hierarchy.
and City resources to
Haulers must include material types,
promote program,
weights, and disposal methods in their
quarterly reports.
13. Haulers to provide at home collection of
Confirm haulers' HHW
Verify and audit program.
HHW for SFR and MF customers. Collection
collection.
Utilize hauler and City
is done at haulers' expense.
resources to promote
program.
14. VVS must process all material through their
Confirm implementation.
Conduct assessment of
MRF and achieve 25% diversion. VVS must
compliance based on
divert at least 75% of all C&D material that
tonnages reported,
they collect.
industry standard, and
a reement re uirements.
15. WM must divert at least 45% of all solid
Confirm implementation.
Conduct assessment of
waste they collect, and 75% of all C&D
compliance based on
debris.
tonnages reported,
industry standard, and
a reement re uirements.
16. Monitor holiday tree collection for SFR and
Promote and monitor
Verify tonnages reported
MF customers.
holiday tree collection.
against disposal site
records.
17. Ensure that WM distributes free mulch to
Coordinate distribution
residential customers. WM must distribute
events, and promote
coupons through their quarterly billings
program.
entitlinq customers to receive mulch.
18. Arrange trash and recycling service for City
Coordinate with haulers for
events. Events to be split between VVS and
service.
WM. Service to be provided at hauler
expense.
19. Haulers must fulfill requirement to use
Ensure continued
alternative fuel vehicles.
compliance.
20. Make sure proper notification process is
Review notification process
followed before stop service is issued. City
and approve actions.
must approve all stop services.
21. Periodically review costumer compliant log
Review log and confirm
to make sure haulers are providing
resolutions.
satisfactory resolutions.
22. Monitor number of customer complaints.
Monitor and confirm
Haulers may not exceed a specified
compliance.
number of complaints in any given month.
23. Ensure that hauler representatives routinely
Confirm participation.
Review and assist to
visit community groups, schools, MF
assure that hauler's
buildings, and participate in City events.
presentation are
adequate and meet
A B939 and AB341
requirements.
24. Haulers must provide emergency collection
Coordinate services if
and disposal services in the event of major
needed.
disaster.
25. Review and approve applications for
Review and approve
seniors and disabled 2ersons discount.
discount.
26. Ensure that haulers maintain all necessary
Confirm compliance.
and required permits and licenses.
27. Ensure that current copies of all required
Confirm receipt of renewals.
insurance and bond certificates are
submitted to City.
28. Issue encroachment permits to customers.
Issue permits as needed.
29. Maintain updated inventory of all
Verify by reviewing hauler
equipment.
annual reports.
30. City may inspect any vehicle at any
Conduct inspection as
commercially reasonable time; and haulers
necessary and review
must orovide vehicle inspection reports.
reports.
31. Ensure that haulers implement satisfactory
Confirm implementation.
Conduct assessment of
personnel training programs.
compliance based on
industry standard and
agreement requirements.
32. Maintain lists of employees, and subs, with
Confirm compliance.
identification.
33. Ensure that haulers do not commingle
Confirm implementation.
Conduct assessment of
refuse with matter from other jurisdictions.
compliance based on
tonna es reported.
34. Ensure that customer service provisions are
Confirm implementation.
Conduct assessment of
compliance based on
customer surve s.
Consultant Costs
The listed Hauler Management tasks will require an estimated 300 hours, at a rate of
$110 per hour. Our not -to -exceed cost is $33,000.
III. USED MOTOR OIL GRANT
The City of Diamond Bar receives approximately $16,000 in
each year. The funding is issued by CalRecycle, and is it
the proper disposal of used motor oil and filters. The func
storm water pollution prevention activities. SEMCO
implement this grant program for the City. This will inclL
below.
Task Descriptions
used motor oil grant funding
[ended for use in promoting
ng may also be put toward
Droposes to manage and
de the specific duties listed
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1. Completion and submittal of grant
Execute signature pages, if
Complete and submit
application.
any.
annual application.
2. Grant accounting.
Receive and process
Log grant receipts and
CalRecycle payments, and
expenditures, maintain up
ensure proper accounting.
to date bud et.
3. Complete and submit annual report, due to
Execute signature pages.
Complete and submit
CalRecycle each August 15.
annual report and
supporting documents.
4. Implement ongoing public education
Provide direction as
Develop and implement
program.
needed. Make payments to
public education
vendors.
activities.
5. Partnership with certified collection centers
Regular contact with
collection centers,
technical assistance, and
data collection.
6. Presence at City events to distribute
Promote used oil program
Assist City as needed.
recycling kits and respond to resident
during City events.
inquiries.
7. Certified collection center site visits.
Coordinate site visits.
If desired by City, perform
annual site visits to ensure
program compliance,
8. Misc. - Perform additional duties as
Perform misc. duties as
requested by City, respond to additional
needed,
correspondence required by CalRecycle, etc.
Consultant Costs
The listed Used Motor Oil Grant tasks will require an estimated 50 hours, at a rate of $110
per hour. Our not -to -exceed cost is $5,500.
111. BEVERAGE CONTAINER RECYCLING GRANT
The City of Diamond Bar receives approximately $16,000 in beverage container
recycling grant funding each year. The funding is issued by CalRecycle, and is
intended for use in promoting the recycling of bottles and cans. The funding may also
be put toward litter abatement activities. SEMCO proposes to manage and implement
this grant program for the City. This will include the specific duties listed on the following
page.
Task Descriptions
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1. Completion and submittal of grant
Execute signature pages,
Complete and d submit
application.
if any.
annual application.
2. Grant accounting.
Receive and process
Log grant receipts and
CalRecycle payments, and
expenditures, maintain up
ensure proper accounting.
to date budget.
3. Complete and file a grant expenditure
File copy of report.
Complete annual
report, required annually by CalRecycle.
expenditure report and
supporting documents.
4. Implement public education program.
Provide artwork and
Develop and implement
direction as needed. Make
public education
payments to vendors,
activities.
5. Partnership with schools.
Contact schools and
provide assistance with
the establishment of
campus recycling
programs, or enhance
existin ro rams.
6. Presence at City events to distribute
Promote beverage
Assist City as needed.
recycling information and respond to
container recycling during
resident inquiries,
City events.
7. Equipment purchases such as recycling
Assess need for such
Provide options to City
receptacles for public spaces, park
equipment, if any.
and coordinate
benches, and playground equipment
purchases.
made of recycled material.
8. Misc. — Perform additional duties as
Perform misc. duties as
requested by City, respond to additional
needed.
correspondence required by CalRec cle, etc.
Consultant Costs
The listed Beverage Container Recycling Grant tasks will require an estimated 50 hours,
at a rate of $110 per hour. Our not -to -exceed cost is $5,500.
PROPOSED BUDGET
Our proposed consulting cost for the tasks described in this proposal is $44,000, covering
all services performed through June 30, 2014. A breakdown is as follows:
I. Hauler Management $33,000
II. Used Motor Oil Grant $ 5,500
III. Beverage Container Recycling Grant $ 5,500
Total Not -to -Exceed $44,000
We appreciate the continued opportunity to provide our services to the City of
Diamond Bar, and we hope this proposal meets with the City's approval. We look
forward to an ongoing relationship with the City. Should you have any questions or
require further details regarding this proposal, please do not hesitate to contact me at
626-332-7514.
Sincerely,
Sandy Costandi
Sustainable Environmental Management Co.
CITY COUNCIL
Agenda # 6.10 (a)
Meeting Date: 6/18/13
AGENDA REPORT
TO: Honorable Mayor and Members Af the City Council
VIA: James DeStefano, City M.n r
TITLE: APPROVAL OF AMENDMENT #5 TO AGREEMENT WITH TENNIS ANYONE TO
EXTEND THE CONTRACT PERIOD FROM JULY 1, 2013 THROUGH JUNE 30, 2014
IN THE AMOUNT OF $56,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants
who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the
2013/2014 Fiscal Year from tennis instruction is $85,000. From this amount, $56,000 is paid to the
contractor and $29,000 is retained by the City to cover a portion of administration and promotion
costs of the tennis program and help with the maintenance of the tennis courts.
BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2008 to provide
tennis classes in Diamond Bar for the period of July 1, 2008 through June 30, 2009. Section 2 of the
contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be
in the best interest of the City. City Council approved Amendment #1 on June 16, 2009, Amendment
#2 on July 7, 2010, Amendment #3 on June 21, 2011 and Amendment #4 on June 19, 2012. Staff is
seeking City Council approval to extend the contract for the period of July 1, 2013 through June 30,
2014 in the amount not -to -exceed $56,000.
DISCUSSION: City Recreation staff estimates a total of 700 participants will take lessons from
Tennis Anyone during the 2013/2014 Fiscal Year. Tennis Anyone has consistently provided quality
tennis instruction to the residents of Diamond Bar during the term of this contract.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIEW BY:
t
Bdb-Rft),�
Community Services Director
Attachment: Amendment #5 to Tennis Instruction Service Agreement
AMENDMENT #5 TO TENNIS INSTRUCTION SERVICE AGREEMENT
THIS AMENDMENT #5 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 18th day of June,
2013 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY")
and TENNIS ANYONE (CONTRACTOR).
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2008 ("the
AGREEMENT') for recreational tennis instruction.
b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30, 2010.
C. Parties agreed to Amendment #2 extending the term from July 1, 2010 through June 30, 2011.
d. Parties agreed to Amendment #3 extending the term from July 1, 2011 through June 30, 2012.
e. Parties agreed to Amendment #4 extending the term from July 1, 2012 through June 30, 2013.
Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 —Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2013 through June 30, 2014.
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount not -to -
exceed $56,000 for the term of July 1, 2013 to June 30, 2014.
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 #5 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
TENNIS ANYONE
Contractor
Signed Signed
Jack Tanaka
Mayor
APPROVED TO FORM
City Attorney
Title
City Clerk
Agenda # 6. 10 (b)
Meeting Date: 6/18/13
CITY COUNCIL ® AGENDA REPORT
®r�98gi�v
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City MangqANAGER
TITLE: AUTHORIZATION FOR THE CITO EXTEND VENDOR SERVICES
FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES
LIMITED, IN AN AMOUNT NOT -TO -EXCEED $70,000 FOR THE 2013/14 FISCAL
YEAR.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition
A (Transportation) Fund of the 2013/14 fiscal year budget. General Fund costs are recovered by the
City through fees collected from program participants.
BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for
seniors and adults throughout the year. This includes the coordination of transportation on a luxury
bus, entrance tickets and lunch or dinner for participants. Although each bus excursion conducted by
the City of Diamond Bar is bid separately to several companies, Inland Empire Stages Limited has
consistently been the low bidder on most trips for the past eight years. Staff expects this bidding
pattern to continue in the 2013/14 Fiscal Year. City staff and trip participants report that even with the
low prices, Inland Empire Stages Limited continues to be extremely professional, and is very
responsive in fulfilling the needs of the City and its participants.
Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall
not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City
Council. Staff anticipates expenditures of $50,000 for senior excursions and $20,000 for adult
excursions for the 2013/14 fiscal year, for a total estimated expenditure of $70,000.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIEW ED
Bob Ro e
Community Services Director
CITY COUNCIL
Agenda # 6.10(c)
Meeting Date: 6/18/13
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: APPROVAL OF AMEN DME#3 DME*#30 WITH ACCESS CONTROL SECURITY
TO EXTEND THE CONTRACT P IOD TO JULY 1, 2013 THROUGH JUNE 30, 2014 IN THE
AMOUNT NOT -TO -EXCEED $30,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs related to the security guards will be recovered through fees charged in the
rental contracts for use of the Diamond Bar Center. Security guard costs of $2,300 for special events and of
$1,200 for late night security are included in the 2013/14 FY general fund budget and are not recovered.
BACKGROUND: The City awarded a contract to Access Control Security on August 16, 2010 to provide
security guards at the Diamond Bar Center and at City Special Events. Section 2 of the contract allows the
City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the
City. City Council approved Amendment #1 on June 21, 2011 and Amendment #2 on June 19, 2012. Staff is
seeking City Council approval to extend the contract for the period of July 1, 2013 through June 30, 2014 in the
amount not -to -exceed $30,000.
DISCUSSION: Access Control Security provides guards for Diamond Bar Center rentals, City Special
Events, and late night events. Staff estimates that $26,500 will be spent on guards for private rentals, $2,300
for special events and $1,200 for late night security at the Diamond Bar Center as needed for building security
and staff safety, for a total contract amount of $30,000. $26,500 of this amount will be recovered through fees
charged for private rentals.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIE E B
r
Bob Ft s
Community Services Director
Attachment: Amendment #3
AMENDMENT #3 TO AGREEMENT
THIS AMENDMENT 43 TO SECURITY GUARD SERVICE AGREEMENT is made this 18'x' day of June, 2013 by and
between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and ACCESS
CONTROL SECURITY ("CONTRACTOR").
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY August 16, 2010 ("the
AGREEMENT") to provide Security Guards for Diamond Bar Center rentals and City Special Events.
b. Parties agreed to Amendment 41 extending the term from July 1, 2011 through June 30, 2012.
C. Parties agreed to Amendment #2 extending the term from July 1, 2012 through June 30, 2013
d. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section l — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2013 through June 30, 2014,
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to
exceed $30,000.
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 43 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
Access Control Security
Contractor
Signed
Title
City Clerk
Agenda # 6. 10 (d)
Meeting Date: 6/18/13
CITY COUNCIL AGENDA REPORT
!�;o
�nHPOR
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City M n r
TITLE: APPROVAL OF AMENDMENT #5 TO AGREEMENT WITH AND 1 OFFICIALS TO
EXTEND THE CONTRACT PERIOD TO JULY 1, 2013 THROUGH JUNE 30, 2014 IN
THE AMOUNT NOT -TO -EXCEED $35,000.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Costs for these services are included in the General Fund of the 2013/14
fiscal year budget and through official fees. General Fund costs are recovered by the City through
fees collected from program participants and team registrations, and official's fees are recovered by
fees charged to adult teams at each game.
BACKGROUND: The City Council awarded a contract to And 1 Officials on July 1, 2008 to provide
basketball officials for our year round adult basketball program and our winter youth basketball
league. Section 2 of the contract allows the City Council to extend the contract on an annual basis if
doing so is deemed to be in the best interest of the City. City Council approved Amendment #1 on
June 16, 2009, Amendment #2 on July 6, 2010, Amendment #3 on June 21, 2011, and Amendment
#4 on June 19, 2012. Staff is seeking City Council approval to extend the contract for the period of
July 1, 2013 through June 30, 2014 in the amount not -to -exceed $35,000.
DISCUSSION: City Recreation staff estimates a total of 720 participants in our year round adult
basketball program and 400 participants in our winter youth basketball league. And 1 Officials has
consistently provided quality officiating during the term of this contract. And 1 Officials is extremely
professional and is very responsive in fulfilling the needs of the City.
PREPARED BY: Christy Murphey, Recreation Superintendent
REVIE D Y:
Bob`R69e'-"
Community Services Director
Attachments: Amendment #5
AMENDMENT #5 TO AGREEMENT
THIS AMENDMENT #5 TO SPORTS OFFICIALS SERVICE AGREEMENT is made this 18"' day of June, 2013 by and
between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and AND 1
OFFICIALS (`CONTRACTOR").
Recitals
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY July 1, 2008 (`the AGREEMENT")
to provide CIF Certified Basketball Officials for City programs.
b. Parties agreed to Amendment #1 extending the term from July 1, 2009 through June 30, 2010.
C. Parties agreed to Amendment 92 extending the term from July 1, 2010 through June 30, 2011.
d. Parties agreed to Amendment #3 extending the term from July 1, 2011 through June 30, 2012.
Parties agreed to Amendment #4 extending the term from July 1, 2012 through June 30, 2013
Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1— Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2013 through June 30, 2014.
Section 2 — Compensation provided in Section 3 of the AGREEMENT shall remain the amount not to
exceed $35,000.
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 45 TO AGREEMENT on the date and
year first written above.
ATTEST:
CITY OF DIAMOND BAR AND 1 OFFICIALS
A Municipal Corporation
Of the State of California Contractor
Signed
Signed
Jack Tanaka
Mayor Title
APPROVED TO FORM
City Attorney
City Clerk
CITY COUNCIL
Agenda # 6.1o(e)
Meeting Date: 6/18/13
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma
TITLE: APPROVAL OF AGREEMENT NO TO EXCEED $45,000 WITH THE
CALIFORNIA CONSERVATION CORP (CCC) FOR AS NEEDED TRAIL
REPAIRS, BRUSH CLEARANCE AND MINOR MAINTENANCE IN PARKS
AND OPEN SPACE IN DIAMOND BAR FOR THE 2013/14 FISCAL YEAR AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT.
RECOMMENDATION: Approve and authorize the City Manager to execute the
agreement.
FINANCIAL IMPACT: The City's adopted 2013/14 FY Proposition A — Safe Parks Act
budget includes $45,000 for work to be performed by the CCC. These funds are
restricted and can only be spent on contractors that qualify as at -risk youth. The CCC
qualifies as an at -risk youth contractor. No funds from the General Fund will be expended
on this agreement.
BACKGROUND: The City has utilized the CCC to perform a variety of trail repair work,
minor maintenance and brush clearance work for fire prevention purposes in parks and
open space areas in Diamond Bar since April 2008. Over the years, as the City's trail
system has grown and the CCC's scope of work has expanded, the annual expenditure
with the CCC has grown from $3,000 to as much as $55,000. The scope of work for the
2013/14 FY is $45,000. Staff believes that utilizing the CCC for this type of work has
proven to be cost effective for the City, especially since funding does not come from the
General Fund.
DISCUSSION: The work that will be completed by the CCC under this agreement
includes:
1. Repair trails damaged by erosion and vandalism.
2. Remove graffiti along trail routes.
3. Replace decomposed granite material with new trail material as -needed.
4. Remove brush obstructing trail routes.
5. Perform fire break brushing required city-wide, including handwork in LLAD #41
following the deployment of goats.
6. Perform minor maintenance in parks and open space as assigned by City staff.
City staff recommends that the City Council approve the agreement with the CCC in an
amount not to exceed $45,000 and authorize the City Manager to execute the agreement.
PREPARED BY:
Alison Meyers
Community Services Coordinator
REVIEWED -Al
Y:
Bo ose
Director of Community Services
Attachments: Agreement with CCC for 2013/14 FY in an amount not to exceed $45,000.
Sponsor Agreement with CCC dated April 4, 2008.
STATE OF CALIFORNIA
AGREEMENT ADDENDUM
CCC a5A (REV gWIIP Peae 1 of 2
Agreement #
(C(;C Caatrea 0ffi.,Ass]as)
Index#
3872
(CsnM lnd Code is Fax di&)
CALIFORNIA CONSERVATION CORPS
CCC Work Code
R14-8457
[Cerdtt Pvjed Nanag ar Assigns}
no�au auavon rartn i¢o=mss.
B] The term of this agreement shall be:
Agreement Start Date: July 1, 2013 Check here if multi-year
Agreement Expiration Date: June 30, 2014
C] Sponsor agrees to reimburse the CCC for LABOR I Hours Rate/Hr Totals
estimated costs in accordance with the Fiscal CM Regular Time: 2500.00 $ 18.00 $ 45,000.00
Summary.(Fiscai Year displays are shown on page 2.) CM Overtime: 0.00 $ - $ -
Performance -Based Labor: $
Staff BILLABLE Regular Time:
Staff Overtime: $
EXPENSES
Equipment (greater than $5,000): $ -
Tools (includes equipment less than $5,000): $ -
NOTE TO SPONSOR: Budget detail will not be Materials: $ -
provided on performance based contracts. Vehicle Operations: $ -
Gonsufting: $ -
Other: $
D The total amount payable by Sponsor to CCC under this agreement shall not exceed: $ 45,000.00
E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation in triplicate to sponsor
FX Monthly lQuarter(y F---7At end of contract
Sponsor agrees to pay CCG within 50 days from receipt of bill. Negotiated Advanced Payments 1 $
Sponsor
Organization:
City of Diamond Bar
Date:
Signature:
Signature:
Print:
Print
James DeStefano
Title:
City Manager
SPONSOR EMAIL ADDRESS
- Alison Meyers tAMeyers@DiamondBarCA.Govj
SPONSOR MAILING ADDRESS
21825 Copley Drive
Diamond Bar, CA 91765-4178
SPONSOR BILLING ADDRESS:
Same
STATE OF CALIFORNIA
California Conservation Corps
Date:
Signature:
Print:
Title:
Administrative Chief
CCG DISTRICT VERIFICATION
Date:
C' TI v' (3
Signature:ii(
vv 44�.
Print:
Jentifer Dulay
T!Ue:l
Conservation Supervisor
FORWARD PAYMENTS TO:
California Conservation Corps
Attention: Accounting/Receivables
1719 24th Street, Sacramento
Sacramento, CA 95816
CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
A] PROJECT DATA Center Code: 872 POMONA
Location Code:
Project/Work Code: R-14-8457 ARRA: N
Contract: - -
Project Title: DIAMOND BAR TRAILS REHAB 13/14
Resource Category: TRO
CCC -58
Project Description:
CCC will assist the City of Diamond Bar with rehabilitating trails and some
fire break brushing. Work will include, erosion repair, graffiti removal,
replace DG material with new trail material as needed, brushing, fuel breaks
along City property (LLAD #41), and minor maintenance in parks and_open space
as assigned by city staff.
[B] SPONSOR INFORMATION
Agency Code:
Sponsoring
Agency:
-
Address:
# -
40000
CITY OF DIAMOND BAR
#
21825 COPLEY
DRIVE
City:DIAMOND BAR
State: CA
ZIP:
91765-4178
Sponsor Representative:
Title:
Phone:
ALISON MEYERS
RECREATION
SPECIALIST
(909) 839-7062
Technical Supervisor:
Title:
Phone:
ANTHONY -JORDAN
PARKS & MAINT SUPERINTENDENT
(909) 839-7063
[C] EMERGENCY RESPONSE INFORMA^tION
CDF Incident
# -
Request #
-
OES
# -
HQ Ref. # -
CCC Index
#
Corpsmember
Overtime
Pay Serial #
[D] ESTIMATE INFORMATION
Hours: 2500
Start Date: 07/01/2013
(F] FOR HQ USE ONLY
[E] WORKSITE INFORMATION
Directions to Worksite Location:
Take Diamond Bar Blvd. South, left on Grand and left
on Summitridge
ZIPr 91
765-417B I County Code: 19ICounty: LOS ANGELES
JENNIFER DULAY 06/12/2013, 6:29am
Received:
Logged:
Verified:
Analyst:
Entered:
Checked:
Field Operations Database System Ver: 2.9.1 (05/21/2013)
__.CCC -58 Project/Work Code: R-14-8457 DIAMOND BAR TRAILS REHAB 12/13 Page: 3
[I} NARRATIVE ON HOW PROJECT WILL MEET ALL LEGISLATIVELY MANDATED OBJECTIVES
(Assign a numerical rating: 0=110ne, 1=10w, 2=medium, 3=high)
Conserving, improving, developing natural resources, maintaining
environmentally important lands or waters. RATING: 3
CCC will be improving various trails and clearing brush to reduce fire hazards
in some environmentally sensitive areas.
Providing public benefit or access (Estimated visitor use, increased safety,
reduced maintenance costs, etc. RATING: 3
After the completion of the project, their will be an increase in the amount
of visitors using the trails, reduction of maintenance costs and the trail ...
Providing Corpsmembers with opportunities for training in employable skills
(e.g. specific tools and use, fire control, carpentry) RATING:. 2
Cm's will learn trail clearing techniques, gaining experience in fire hazard
reduction and using some specialized tools.
PROJECT CHECKLIST & SIGNATi7RE BLOCKS
SIGNING THIS DOCUMENT. VERIFIES THAT: .........................
■ A Sponsor Agreement (CCC 96) is on file at Headquarters.
■ If a reimbursable project, a CCC -96A or STD -13 agreement has been
submitted to Headquarters.
■ If the Sponsor is a non-profit entity, a statement of non-profit status
and Private Property/Sponsor Authorization form have been submitted to HQ.
[Center
If the Sponsor is a for-profit entity, a Private Property/Sponsor
Authorization has been submitted to HQ.
The project conforms to CCUs Injury and Illness Prevention Program (IIPP)
oject Coordinator: Print n J Date:
JENNIFER DULAY
Director: ( j
THE SPONSOR REPRESENTATIVE AGREES TO THE FOLLOWING:
■ If there are hazardous materials present, the sponsor has provided the
location; identity, and amounts of any hazardous substances at the worksi
and provided all Material Safety Data Sheets for hazardous materials that
are present at the worksite
■ To the best knowledge of the sponsor, the worksite is free of any
known hazardous materials.
ND
■ That all applicable local, state, and federal permits, approvals, and
clearances have been obtained.
ponsor Representative: Print{ Sign Date:
eld Operations Database System Verc 2.9.1''60 21/201
GCC -58 Project/Work Code: R-14-8457 DIAMOND BAR TRAILS REHAB 12/13 Page: 2
[G] EDUCATIONAL ACTIVITIES
Sponsor: Educational presentation to increase Corpsmember understanding of
the natural environment. I Length of time scheduled: 2.00 Hrs.
Sponsor will inform the crew on the nearby wildlife, flora and fauna and the
natural environment.
CCC: The CCC will be doing the following work/learn activities.
Length of time scheduled: 2.00 Hrs.
The crew will learn some fire hazard reduction work and trail clearing
,techniques.
[H] EQUIPMENT, MATERIALS, AND LABOR
To be supplied by Sponsor:
To be supplied by CCC:
Materials
Transportation
Supervision
Technical Support
Labor
Workers Comp Insurance
Basic Hand Tools
Basic Safety Gear
Special SPIKE equipment needed
by crew:
SPIKE Information (description
and location of housing):
Field Operations Database System Ver: 2.9.1 (.05/21/2013)
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STATE OF CALIFORNIA --RESOURCES AGENCY ARNOLD SCHWARZENNEGGER, GOVERNOR
CCC -9d (RE�i. 11/98)
,ALIFORNIA CONSERVATION CORPS CCC District:Pomona
1?19 24th Street, Sacramento, CA 95816
(916)341-3112- _
SPONSOR AGREEMENT (CCC -96)
(Public / Governmental Entity)
This agreement is made and entered into by and between the California Conservation Corps, State
of California, hereinafter referred to as "CCC", -and
Sponsor's Name:City of Diamond Bar
Hereinafter called "Sponsor:"
WHEREAS, the CCC wishes to provide training in job skills and environmental education to young
men and women of California through a program which includes projects IF, public ser Jiie
conservation work, and
WHEREAS, the Sponsor can provide opportunities for public service through meaningful and
productive work projects, and
WHEREAS, the Sponsor shall provide opportunities. for public use of project areas, and
WHEREAS, the CCC shall generally be engaged in projects which preserve, main}a'.n and e'rihahc' e
environmentally important lands and waters, and
WHEREAS, the CCC shall accomplish useful and needed public works projects in both urbaan and
rural areas, and
WHEREAS, the CCC may execute contracts for furnishing the services of the Corps to.any.federa!,
state, or local agency and any local or statewide private organization concerned with the objectives of
the Corps, and
WHEREAS, the CCC may be. reimbursed by the federal government, any state or local public
agency, or any private organization for actual expenses incurred by the Corps for any project.
NOW THEREFORE, in consideration of the above, the parties hereto agree as follows:
A. The Sponsor shall submit project proposals on a form provided by CCC. By so doing, with
reference to any such proposals subsequently approved by the District Director, CCC,
Sponsor agrees to:
1. Pay for all negotiated costs directly related to and necessitated by such projects. This
may include, but not be limited to, reimbursement for CCC labor at the CCC's current
fiscal year rate or at a negotiated rate on such projects. In -the event that reimbursement
is negotiated, further documentation will be necessary.
2. Demonstrate the availability of adequate plans and specifications, sufficient funds,
materials, supplies, and equipment, adequate technical supervision and any special
labor requirements to complete such project.
3. Obtain the approvals and permits required by any other state, federal , or local agency
necessary to commence construction or operation of such Projects.
o 4 -. n
4. Obtain any clearances and meet any other requirements of trade unions or other labor
organizations occasioned by the participation of the CCC in such projects.
5. When necessary, provide acceptable temporary living facilities for the duration of any
such projects located more than one hours driving time from a CCC base center for
CCC personnel actually engaged in working on such projects.
6. Hold an orientation meeting with CCC personnel at the commencement of such
projects to explain the technical aspects, safety considerations, and any other aspects
necessary for successful execution of such projects.
7. Present or arrange for an additional educational program or training opportunity at the
CCC base center or project site. This presentation may have emphasis on the history of
the project site or area, the public benefit to be derived from this or a similar project, the
relationship of such projects to resources or wildlife management, or similar subjects.
B. The CCC shall select, from proposals submitted by the Sponsor, those projects meeting the
priorities and resources of the CCC, as well as meeting the legislatively mandated criteria, The
GCC s hall submit tc the sponsor, evaluations setting forth any special requirements or
conditions occasioned thereby. By so doing, with reference to any such evaluations
subsequently approved by Sponsor, the CCC agrees to provide labor, crew supervision,
trans portation (if within one hour's driving time by two -wheel drive vehicle from the nearest
CCC base center),food and such tools as the CCC Project Coordinator determines to be.
available. Upon receipt of Sponsor's acceptance of such evaluations, projects will be
scheduled in accordance with the priorities and resources of the CCC.
C. In accordance with Section 14304 of the Public Resources Code, CCC prcje--ts shall be
directed toward providing opportunities to the public for the use of these naiui al resources anH
environmentally important public lands and waters, while at the same time provid;ng young
men and women with an opportunity for personal development in a variety of basic skills.
Projects shall be undertaken in both urban and rural areas shall be selected. on the basis of
the environmental and natural resource benefits each offers, the opportunities for public use
each offers, and the on-the-job training value of each.
D. The Sponsor recognizes that the CCC exists under a legislative mandate to act under the
direction and control if the State Of ice of Emergency Services, Department of Forestry and
other agencies to assist the people of the State of California in times of emergencies arising
from fire, flood, wind, and other natural or man -caused disasters and emergencies.
Projects will be performed within the rules and regulations of the CCC, which may require
temporary suspension or permanent cessation of projects due to emergency conditions as
defined by such rules and regulations.
The Sponsor further recognizes that the resources of the CCC are limited, and the public
service conservation work of the CCC may be altered in priority from time to time.
The parties agree that delays by either party shall be excused and costs caused by such
delays shall be borne by the party incurring such costs. Sponsors contracting with the CCC
for emergency services may be required to reimburse exceptional costs; e.g., overtime.
E. Work performed under this agreement will, be under the immediate supervision of the CCC
officials. The sponsor will provide such supervision, technical assistance, guidance and
inspection as it considers necessary to propedy.complete the work.
F. All improvements constructed in whole or_in part on lands owned or controlled by Sponsor
will remain theproperty of the Sponsor.
Page 2 of 4
G. Permission to camp and perform work on lands owned or controlled by Sponsor does not in
any way convey to the CCC, its staff, or any person or persons working with the CCC in the
performance of said work, employee status -that wou{d extend to them the benefits afforded
to permanent employees of Sponsor.
H _ Upon completion of each project, or any phase thereof, permission is hereby granted to the .
CCC to place upon the project site a sign or emblem, consistent in size and design to its
surroundings, indicating the participation of the CCC and the year thereof.
The CCC and Sponsor each agree to indemnify and hold harmless the other, its officers,
agents and employees from any and all claims, or demands of liability caused by the
indemnifying party during or after completion of the project, which is the subject of this
agreement.
T he State of Califomia has elected to cover its motor vehicle and general liability exposure
through claims procedures instituted in accordance with the California Government Code
provisions and the other provisions of the law relating to such liability. Pursuant to those
procedures, tort liability claims should be submitted to.the State Board of Control
(headquarters office: 630 K Street, Sacramento, California 95814; government claims
division: P.O. Box 3035, Sacramento, California 95812-3035) in accordance with the
California Government Code provisions and the other provisions of the law governing
submission of such claims. In addition, unless notified otherwise or on be of the
California Conservation Corps, motor vehicle liability claims may be forwardau to tile..
California Department of General Services, Office of Risk and Insurance Hiatt agemenf
(hereinafter referred to as "GRIM"), Claims Unit, 1325 J Street, Suite 1800, Sacmrnento,
California 95814. It should be noted, however, that the willingness of O.RIM.to receive such
motor vehicle liability claims does not constitute a waiver by the State of CaJifornia c�r :he
California Conservation Corps of the time limits or procedures provided by law or the filing of
claims relating to such motor vehicle liability. It also should be noted that the adO esses -_ct
forth in this paragraph are subject to change; any claimant is advised to verify the ae�uracy
and currency of addresses for filing claims, and by setting forth addresses in this paragraph,
neither the State of California nor the California Conservation Corps is waiving any time limits
or procedures provided by law for filing claims related to alleged motor vehicle or general
liability or any other alleged liability.
The California Department of Personnel Administration has entered into a Master Agreement
with the State Compensation Insurance Fund to administer workers' compensation benefits
for State employees as required by the California Labor Code.
J. Neither party may assign this contract or any interest therein without the written consent of
the other party.
- K. All contracts relating to the construction or operation of the project, including those executed .
following completion of the project, shall contain a clause prohibiting discrimination against
any employee or employee applicant engaged in project work or project operation, on,the
basis of race, religion, sex, color, ancestry, age, physical handicap or national origin. Such
clause shall include all aspects of employer-employee and employer-employee applicant
relations.
Page 3 of 4
Subject to provisions herein, ail remedies allowed by law are available to either party for
enforcement of this contract. Any waiver of rights by either party or any matter relating to this
contract shall riot be deemed to be a waiver on any other matter relating to this contract.
Mi. If any part of this contract is found to be invalid the remainder of the contract shall continue,..
effect.
N. This contract may be modified by mu ual. written agreement of the parties.
O. This agreement shall remain in effect unless terminated upon sixty (60) days written notice
from either party to the other.
P. No member of, or delegate to, Congress, or Resident Commissioner, shall be admitted to
any share or part of this agreement, or to any benefit that may arise therefrom; but this
provision shall not be construed to extend this agreement if made with a corporation for its
general benefit. (Applicable only if Sponsor is an agency of the.United States Government).
[A] SPONSOR INFORMATION
A regiment #: R
A enc Code:
index #:
S onsor Name: James De Stefano
Sponsor Deartment: Conimunit Services
Address:21B25 Copley Drive
Cit ;Diamond" Bar
County: Los Angeles
State:CA
ZIP:. _ 91765
Contact Person: A4son . Dteyei
8ecreaJ_ _
Phone: 3 ci _ a
aYe�.r.nl.is�.
[B] SIGNATURE BLOCK
IN WITNESS WHEREOF, the parties have agreed to the conditions of this Agreement as of
the date shown below.
Sponsor Representative:
Print Name
l h�
t Director:
Print Name
Slg bre Dale
Signature - Date
Page 4 of 4
CCC -58 Project/Work Code: R-14-8457 DIAMOND BAR TRAILS REHAB 12/1 Continuation
LEGISLATIVE MANDATE - Public Benefit: (cont.)
of visitors using the trails, reduction of maintenance costs and the trail's
condition will be improved.
Field Operations Database System Ver: 2.9.1 (05/21/2013)
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City
Agenda # 6.10 (f )
Meeting Date: 6/18/13
AGENDA REPORT
TITLE: APPROVAL OF AMENDMENT #4 TO THE CONTRACT WITH VALLEYCREST
LANDSCAPE MAINTENANCE TO EXTEND THE TERM OF THE CONTRACT FROM
JULY 1, 2013 THROUGH JUNE 30, 2015 TO PROVIDE LANDSCAPE MAINTENANCE
SERVICES AT 9 CITY PARKS, THE GROUNDS OF THE DIAMOND BAR CENTER,
THE FOOTBALL FIELD AND SLOPE AT LORBEER MIDDLE SCHOOL, AND THE
MESA TRAIL / TRAIL HEAD AT SYCAMORE CANYON PARK, IN THE AMOUNT OF
$368,995 EACH FISCAL YEAR, AND AS -NEEDED WORK IN THE AMOUNT OF
$25,000 EACH FISCAL YEAR FOR A TOTAL AUTHORIZATION NOT TO EXCEED
$393,995 ANNUALLY.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Approval of this contract will authorize staff to expend up to
$393,995 for Landscape Maintenance Services during the 2013/14 fiscal year.
Funds are included in the adopted 2013/14 FY budget. Funding for the 2014/15
fiscal year is pending the adoption of the 2014/15 FY budget next year.
BACKGROUND: The locations to be maintained by ValleyCrest Landscape Maintenance are:
1. Diamond Bar Center — 1600 S. Grand Ave.
2. Paul C. Grow Park — 23281 Forest Canyon Drive
3. Heritage Park — 2900 Brea Canyon Road
4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501
5. Maple Hill Park — 1309 S. Maple Hill Road
6. Pahtera Park — 738 Pantera Drive
7. Peterson Park — 24142 E. Sylvan Glen Drive
8. Ronald Reagan Park — 2201 Peaceful Hills Road
9. Starshine Park — 20839 Starshine Road
10. Summitridge Park — 1425 Summitridge Drive
11. Sycamore Canyon Park — 22930 Golden Springs Drive
12. Sycamore Canyon Mesa Trail & Trail Head
S. Diamond Bar Blvd.
Section 14 of the contract allows the City Council to extend the contract. ValleyCrest has agreed to a
two-year extension with no C.P.I. increase. Staff is recommending approval of the contract for two
years.
DISCUSSION: ValleyCrest Landscape Maintenance has maintained these areas for the past six
years. It has been staff's experience with ValleyCrest that they provide excellent and responsive
service. ValleyCrest has been providing landscape maintenance service at Peterson and Pantera
Parks since April, 2003. Summit Ridge Park and the Diamond Bar Center grounds were added in
October, 2004 and Lorbeer Middle School was added in July, 2006. Seven (7) additional locations
were added to ValleyCrest's contract for the 2007/08 FY: Paul C. Grow, Heritage, Maple Hill, Ronald
Reagan, Starshine, Sycamore Canyon, plus the Trail & Trail Head at Sycamore Canyon Park. The
Mesa Trail at Sycamore Canyon Park was added in July, 2012.
Additional work items in the $25,000 contingency include:
1. Improvements to middle field and as -needed work at Lorbeer Middle School -- $4,000
2. As -needed work at other City Parks & Trails -- $21,000
PREPARED AND REVIEWED BY:
Bob Po,S6,
Community Services Director
Attachments: Amendment #2 dated June 18, 2013.
Maintenance Services Agreement dated 6/21/11.
Exhibit A
VALLEYCREST LANDSCAPE MAINTENANCE
Facility Maintenance Locations
(7/1/13 — 6/30/15)
1. Diamond Bar Center — 1600 S. Grand Ave.
2. Paul C. Grow Park — 23281 Forest Canyon Drive
3. Heritage Park -2900 Brea Canyon Road
4. Lorbeer Middle School (Football Field and Slope on Golden Springs) — 501 S. Diamond Bar Blvd.
5. Maple Hill Park — 1309 S. Maple Hill Road
6. Pantera Park — 738 Pantera Drive
7. Peterson Park -24142 E. Sylvan Glen Drive
8. Ronald Reagan Park — 2201 Peaceful Hills Road
9. Starshine Park — 20839 Starshine Road
10. Summitridge Park — 1425 Summitridge Drive
11. Sycamore Canyon Park — 22930 Golden Springs Drive
12. Sycamore Canyon Mesa Trail & Trail Head
2013/14 Contract Amount:
$368,995
2013/14 Potential As -Needed Work:
25,000
2013/14 Authorization:
$393,995
2014/15 Contract Amount:
$368,995
2014/15 Potential As -Needed Work
25,000
2014/15 FY Authorization
$393,995'
* Limited to amount approved in 2014/15 FY Adopted Budget.
AMENDMENT #2 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 18th day of June, 2013 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ("CITY') and VALLEYCREST LANDSCAPE MAINTENANCE,
("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.
b. 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 $368,995.
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 $368,995 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
VALLEYCREST LANDSCAPE MAINTENANCE
Contractor
Signed
Title
City Clerk
PARKS MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT is made as of June 21. 2011 by and between the City of Diamond Bar, a
municipal corporation ("City") and ValleyCrest Landscape Maintenance ("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 Parks Maintenance Services in the City of
Diamond Bar. The work to be performed shall be in accordance with the Specifications dated July
1, 2007.
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 May 4, 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, 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 Sixty -Two
Thousand Nine Hundred Ninety -Five Dollars ($362,995) 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:
City of Diamond Bar ValleyCrest Landscape Maintenance
21825 Copley Drive 8726 Calabash Road
Diamond Bar, CA 91765-4178 Fontana, CA 92335
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. Either party may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to the other party. 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
Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately
upon receiving written notice of termination, Contractor shall discontinue performing services.
14. Extension Option.
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
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
"C ity"
ATTEST:
t
TemmydCribbins, City Clerk
Approved asto form:
'Michael Jenkins, City
"CONTRACTOR"
By:
Go G. ,ann
/�janl �nao,e/
TITLE
CITY OF DIAMOND BAR
By:
St' e , ye, M yor
State of California "CONTRACTOR'S" License No. 266211.
CONTRACTOR'S Business Phone 907-.3Y9-/Ro2
Emergency Phone
at which CONTRACTOR can be reached at any time.
Agenda # 6.11
Meeting Date: June 18, 2013
CITY COUNCIL AGENDA REPORT
\r9g9
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Ma ai
TITLE: ADOPT RESOLUTION 2013-lX CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO
PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
SOURCES, ENERGY AND WATER EFFICIENCY IMPROVEMENTS AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE AND APPROVING AN AMENDMENT TO
A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO.
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
None.
BACKGROUND:
The San Gabriel Valley Council of Governments (SGVCOG) and the Western Riverside Council of
Governments (WRCOG) have partnered to expand the WRCOG's California Home Energy
Renovation Opportunity (Hero) Program to cities in Los Angeles County. The California Hero
Program allows property owners to voluntarily enter into annual contractual property tax assessments
to finance the installation of distributed generation renewable energy sources, energy efficiency,
and/or water conservation improvements.
Since its launch in late 2012, the Program has approved over $129 million in applications and has
funded over $25 million in projects. Because of its success, the California HERO Program was
developed as a turnkey program to save other California jurisdictions time and resources in
developing a standalone program. Jurisdictions only need to adopt the attached resolution and
amendment to the joint exercise of powers agreement related to the California HERO Program. Once
adopted, residents in the City would be eligible to apply for funding through the program.
The California HERO application process includes the following:
• Residents apply either online or through a hard copy application.
• If approved, the resident will receive an email indicating your maximum approval amount and
information about the next steps.
Residents work with a licensed contractor to determine what Eligible Products to Install. The
contractor will need to call a Program Representative to obtain approval for the products.
Financing Documents will be sent to residents. Once the documents are signed, notarized,
and returned, the resident can begin installing Eligible Products.
• Once all Eligible Products are installed, the resident will need to submit the signed Completion
Certificate with all final invoices, permits, and other required attachments. After the Completion
Certificate is reviewed and approved, Program Representatives will issue payment to your
contractor.
There are no costs to the City for participation. However, the City must adopt the Resolution to
enable residents to be eligible to participate in the program once the validation process is complete
and the HERO Program is available in Los Angeles County.
Prepared by:
Anthony Santos
Sr. Management Analyst
Reviewed
Attachment:
1. Resolution 2013 -XX.
2. California Hero Program Frequently Asked Questions.
to the City Manager
RESOLUTION NO. 2013 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, CONSENTING TO THE
INCLUSION OF PROPERTIES WITHIN THE CITY'S
JURISDICTION IN THE CALIFORNIA HERO PROGRAM
TO FINANCE DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE AND APPROVING THE AMENDMENT
TO A CERTAIN JOINT POWERS AGREEMENT RELATED
THERETO
WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of
the Government Code of the State of California (Section 6500 and following) (the "Act')
and the Joint Power Agreement entered into on April 1, 1991, as amended from time to
time (the "Authority JPA"); and
WHEREAS, Authority intends to establish the California HERO Program to
provide for the financing of renewable energy distributed generation sources, energy
and water efficiency improvements and electric vehicle charging infrastructure (the
"Improvements") pursuant to Chapter 29 of the Improvement Bond Act of 1911, being
Division 7 of the California Streets and Highways Code ("Chapter 29") within counties
and cities throughout the State of California that elect to participate in such program;
and
WHEREAS, City of Diamond Bar (the "City") is committed to development of
renewable energy sources and energy efficiency improvements, reduction of
greenhouse gases, protection of our environment, and reversal of climate change; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to
assist property owners in financing the cost of installing Improvements through a
voluntary contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the California
HERO Program would promote the purposes cited above; and
WHEREAS, the City wishes to provide innovative solutions to its property owners
to achieve energy and water efficiency and independence, and in doing so cooperate
with Authority in order to efficiently and economically assist property owners the City in
financing such Improvements; and
WHEREAS, Authority has authority to establish the California HERO Program,
which will be such a voluntary contractual assessment program, as permitted by the
Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to
date, and the Amendment to Joint Powers Agreement Adding the City of Diamond Bar
as an Associate Member of the Western Riverside Council of Governments to Permit
the Provision of Property Assessed Clean Energy (PACE) Program Services within the
City (the "JPA Amendment"), by and between Authority and the City, a copy of which is
attached as Exhibit "A" hereto, to assist property owners within the incorporated area of
the City in financing the cost of installing Improvements; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in
the case of delinquencies in the payment of any assessments or the issuance, sale or
administration of any bonds issued in connection with the California HERO Program.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the California HERO Program to
finance the installation of Improvements.
2. This City Council consents to inclusion in the California HERO Program of
all of the properties in the incorporated area within the City and to the Improvements,
upon the request by and voluntary agreement of owners of such properties, in
compliance with the laws, rules and regulations applicable to such program; and to the
assumption of jurisdiction thereover by Authority for the purposes thereof.
3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each
and every step required for or suitable for financing the Improvements, including the
levying, collecting and enforcement of the contractual assessments to finance the
Improvements and the issuance and enforcement of bonds to represent and be secured
by such contractual assessments.
4. This City Council hereby approves the JPA Amendment and authorizes
the execution thereof by appropriate City officials.
5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the City, and report back
periodically to this City Council on the success of such program.
6. This Resolution shall take effect immediately upon its adoption. The City
Clerk is directed to send a certified copy of this resolution to the Secretary of the
Authority Executive Committee.
PASSED, APPROVED, AND ADOPTED this 18th 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 adjourned
regular meeting held on the 18th day of June, 2013, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
3
Tommye A. Cribbins, City Clerk
Mher0" Frequently Asked QuestlofW
March 12, 2013
Q: What is the HERO Program, and how does it work?
A: HERO enables residential and commercial property owners to install energy and water efficient improvements
and renewable energy systems by having a special assessment put on their property tax bill. Payments are
made through their local county with their property taxes over time.
Q: What types of home improvements are available under the Program?
A: Over 150,000 products and services quality. Typical projects include: solar photovoltaic (PV) systems; energy
efficient space heating, air cooling and ventilation (HVAC); cool roof systems; energy efficient windows, skylights,
and doors; solar thermal water heating; air sealing and weatherization; insulation; water heating; indoor energy
efficient light fixtures; and water efficiency measures.
Q: What are the costs and benefits of joining HERO for my community?
A: There are no hard costs to joining the HERO program and it does not require any dedicated staff resources to
develop or implement the Program. Additionally, your community will see numerous economic benefits including;
• Reduced energy consumption
• Stimulated local businesses
• Created/retained sustainable jobs
• Lowered greenhouse gas emissions
Q: Why should we choose HERO compared to another PACE program?
A: HERO is the nation's fastest-growing PACE program. By choosing HERO, your community is choosing a program
with a proven track -record of stimulating economic growth. The program was developed with a network of home
improvement contractors who count on HERO to build their businesses. They are creating new jobs everyday
and planning on expanding into regions where HERO Financing is offered.
HERO is not an exclusive program so you don't have to choose it over another program. We believe competition
is an important benefit to consumers. Not only does it provide options like restaurants, gas stations or banks
provide but it also increases overall demand because more companies are working harder to educate consumers
on the benefits of a particular type of product or service. When there are multiple options to consider solution
providers are forced to continually improve their product if they want to succeed in the marketplace.
Q: What about Freddie/FanniefFHFA?
A: PACE legislation was adopted by the State of. California to encourage the adoption of energy efficiency,
renewable energy and water efficiency measures on homes and businesses. When the legislation was enacted,
many people believed PACE was an attractive financing option due to its ability to automatically transfer
payments to a new owner if the property sold. Freddie/Fannie/FHFA have indicated that they are not willing to
purchase mortgages with PACE assessments on the property, therefore, property owners that sell or refinance to
conforming loans may need to repay their assessment.
The HERO Program works within this provision and we have found that property owners are comfortable
attending to this if, and when, the situation should arise. For most property owners the most attractive benefits are
low interest rates that are fixed, the ability to deduct the interest portion of the payments, the ability to select 5, 10,
15 and 20 year payment terms, and a simple straightforward application and document process to enable them to
get the energy efficiency, renewable energy or water efficiency product they are interested in. Being able to
transfer the balance of the financing has not proven to be a feature that has impacted a consumer's decision.
Page 1
Ohem Frequently Asked Questions
March 12, 2013
Whether or not this provision remains in place or is removed, HERO provides numerous benefits that make PACE
an attractive financing option for consumers.
Q: Who is the HERO Team?
A: The HERO team is made up of a network of partners who have been working closely since January 2010 on
active residential and commercial PACE programs. Each team member is uniquely qualified for their specific role
and are industry experts within their field.
Public Financing Management
Program Manager / Financial Addsor
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DAVID TAUScBest Best& Kreiger LLP Renovate Amenca Samas Capital Cavid Ts' rssouaresociatas WeBond Counsel Resitlential Admin and Funding Commercial Admin and Funding Assessment Administration
Cl: Can the HERO Program be customized to my municipality?
A: Yes, marketing materials, including the HERO website and contractor training materials, can be co -branded with
your municipality's logo and contact information. Additionally, the HERO team will work with your municipality to
review all policy considerations.
Q; Can the HERO Program be integrated with existing municipal programs?
A: Yes, the HERO Program can be integrated with existing municipal rebate, energy finance, or other PACE
programs. Our team will work to implement the Program as a complementary component to other programs.
Q: How does our community get started?
A: Below are the process steps for HERO Financing to be offered in your community:
1 Approve Resolution
Approval by municipality of the resolution will allow the HERO Program to operate in the municipality.
The conduit issuer then completes a corresponding acceptance of the municipality to the Program.
2 Judicial Validation of City's Participation
Program legal counsel files judicial validation documents.
3 Program Marketing and Outreach
During the program validation phase, team members initiate local marketing efforts and begin outreach to
educate local contractors and property owners of funding availability, eligibility and application
procedures.
4 Program Launch
Upon completion of the validation process, the HERO Program launches and projects are able to apply
for and receive funding.
Page 2
EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF AS
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF THE CALIFORNIA HERO
PROGRAM SERVICES WITH SUCH CITY
This Amendment to the Joint Powers Agreement ("JPA Amendment') is made
and entered into on the _day of , 2013, by City of ("City")
and the Western Riverside Council of Governments ("Authority') (collectively the
"Parties").
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant
to Chapter 5 of Division 7, Title 1 of the Government Code of the State of
California (Section 6500 and following) (the "Joint Exercise of Powers Act") and
the Joint Power Agreement entered into on April 1, 1991, as amended from time
to time (the "Authority JPA"); and
WHEREAS, as of October 1, 2012, Authority had 18 member entities (the
"Regular Members").
WHEREAS, Chapter 29 of the Improvement Bond Act of 1911, being Division 7
of the California Streets and Highways Code ("Chapter 29") to authorize cities,
counties, and cities and counties to establish voluntary contractual assessment
programs, commonly referred to as a Property Assessed Clean Energy ('PACE")
program, to fund various renewable energy sources, energy and water efficiency
improvements, and electric vehicle charging infrastructure (the "Improvements")
that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and
WHEREAS, Authority intends to establish a PACE program to be known as the
"California HERO Program" pursuant to Chapter 29 as now enacted or as such
legislation may be amended hereafter, which will authorize the implementation of
a PACE financing program for cities and county throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to
participate in the California HERO Program and to allow Authority to conduct
proceedings under Chapter 29 to finance Improvements to be installed on such
properties; and
WHEREAS, this JPA Amendment will permit City to become an associate
member of Authority and to participate in California HERO Program for the
purpose of facilitating the implementation of such program within the jurisdiction
of City; and
Uw
WHEREAS, pursuant to Government Code sections 6500 et seq., the Parties are
approving this JPA Agreement to allow for the provision of PACE services,
including the operation of a PACE financing program, within the incorporated
territory of City; and
WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of
City and Authority with respect to the implementation of the California HERO
Program within the incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
1. The Authority JPA. City agrees to the terms and conditions of the
Authority JPA, attached.
2. Associate Membership. By adoption of this JPA Amendment, City
shall become Associate Member of Authority on the terms and conditions set
forth herein and the Authority JPA and consistent with the requirements of the
Joint Exercise of Powers Act. The rights and obligations of City as an Associate
Member are limited solely to those terms and conditions expressly set forth in
this JPA Amendment for the purposes of implementing the California HERO
Program within the incorporated territory of City. Except as expressly provided
for by the this JPA Amendment, City shall not have any rights otherwise granted
to Authority's Regular Members by the Authority JPA, including but not limited to
the right to vote on matters before the Executive Committee or the General
Assembly, right to amend or vote on amendments to the Authority JPA, and right
to sit on committees or boards established under the Authority JPA or by action
of the Executive Committee or the General Assembly, including, without
limitation, the General Assembly and the Executive Committee. City shall not be
considered a member for purposes of Section 9.1 of the Authority JPA. City shall
not be bound by any subsequent amendments of the Authority JPA not expressly
agreed to by City.
3. Rights of Authority. This JPA Amendment shall not be interpreted
as limiting or restricting the rights of Authority under the Authority JPA. Nothing
in this JPA Amendment is intended to alter or modify Authority Transportation
Uniform Mitigation Fee (TUMF) Program, the PACE Program administered by
Authority within the jurisdictions of its Regular Members, or any other programs
administered now or in the future by Authority, all as currently structured or
subsequently amended.
4. Rights of City. This JPA Amendment shall be not interpreted as
limiting or restricting the rights of City to establish parameters or limitation on
upon the HERO Program as it is conducted within City's jurisdiction.
A-2
B. Implementation of California HERO Program within City Jurisdiction.
1. Boundaries of the California HERO Program within City
Jurisdiction. City shall determine and notify Authority of the boundaries of the
incorporated territory within City's jurisdiction within which contractual
assessments may be entered into under the California HERO Program (the
"Program Boundaries"), which boundaries may include the entire incorporated
territory of City or a lesser portion thereof, upon approval of same by City
Council.
2. Determination of Eligible Improvements. Subject to any parameters
or limitations provided in the resolution of City approving the conduct of the
HERO Program within City's jurisdiction, Authority shall determine the types of
distributed generation renewable energy sources, energy efficiency or water
conservation improvements, electric vehicle charging infrastructure or such other
improvements as may be authorized pursuant to Chapter 29 (the "Eligible
Improvements") that will be eligible to be financed under the California HERO
Program.
3. Establishment of California
HERO Program.
Authority will
undertake such proceedings pursuant to
Chapter 29
as
shall be legally
necessary to enable Authority to make
contractual
financing of Eligible
Improvements available to eligible property
owners with
the
California HERO
Program Boundaries and will be solely responsible for
the
conduct of such
proceedings.
4. Financing the Installation of Eligible Improvements. Upon approval
of the conduct of the HERO Program within City's jurisdiction, Authority shall be
solely responsible to develop and implement a plan for the financing of the
purchase and installation of the Eligible Improvements under the California
HERO Program.
5. Ongoing Administration. Authority shall be responsible for the
ongoing administration of the California HERO Program, including but not limited
to producing education plans to raise public awareness of the California HERO
Program, soliciting, reviewing and approving applications from residential and
commercial property owners participating in the California HERO Program,
establishing contracts for residential, commercial and other property owners
participating in such program, establishing and collecting assessments due under
the California HERO Program, adopting and implementing any rules or
regulations for the PACE program, and providing reports as required by Chapter
29.
City will not be responsible for the conduct of any proceedings required to be
taken under Chapter 29; the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment payments; or
UAW
the issuance, sale or administration of the Bonds or any other bonds issued in
connection with the California HERO Program.
6. Phased Implementation. The Parties recognize and agree that
implementation of the California HERO Program as a whole can and may be
phased as additional other cities and counties execute similar agreements. City
entering into this JPA Amendment will obtain the benefits of and incur the
obligations imposed by this JPA Amendment in its jurisdictional area, irrespective
of whether cities or counties enter into similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment
upon six (6) months written notice to City; provided, however, there is no
outstanding indebtedness of Authority within City. The provisions of Section 6.2
of the Authority JPA shall not apply to City under this JPA Amendment. City may
withdraw approval for conduct of the HERO Program within the jurisdictional
limits of City upon thirty (30) written notice to WRCOG without liability to the
Authority or any affiliated entity. City withdrawal shall not affect the validity of any
voluntary assessment contracts (a) entered prior to the date of such withdrawal
or (b) entered into after the date of such withdrawal so long as the applications
for such voluntary assessment contracts were submitted to and approved by
WRCOG prior to the date of City's notice of withdrawal.
2. Indemnification and Liability. Authority shall defend, indemnify and
hold City and its directors, officials, officers, employees and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries of any kind, in law or equity, to property or
persons, including wrongful death, to the extent arising out of the acts, errors or
omissions of Authority or its directors, officials, officers, employees and agents in
connection with the California HERO Program administered under this JPA
Amendment, including without limitation the payment of expert witness fees and
attorneys fees and other related costs and expenses, but excluding payment of
consequential damages, provided that the Authority shall not be required to
defend or indemnify City and its directors, officials, officers, employees and
agents for City's sole negligence or willful misconduct. Without limiting the
foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA
Amendment. In no event shall any of Authority's Regular Members or their
officials, officers or employees be held directly liable for any damages or liability
resulting out of this JPA Amendment.
3. Environmental Review. Authority shall be the lead agency under
the California Environmental Quality Act for any environmental review that may
required in implementing or administering the California HERO Program under
this JPA Amendment.
A-4
4. Cooperative Effort. City shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations
hereunder. City recognizes that one of its responsibilities related to the California
HERO Program will include any permitting or inspection requirements as
established by City. City's cooperation shall not be interpreted to require any
approvals without appropriate review or that any discretionary authority of City be
exercised other than as provided by law.
5. Notice. Any and all communications and/or notices in connection
with this JPA Amendment shall be either hand -delivered or sent by United States
first class mail, postage prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
City:
City of
6. Entire Agreement. This JPA Amendment, together with the
Authority JPA, constitutes the entire agreement among the Parties pertaining to
the subject matter hereof. This JPA Amendment supersedes any and all other
agreements, either oral or in writing, among the Parties with respect to the
subject matter hereof and contains all of the covenants and agreements among
them with respect to said matters, and each Party acknowledges that no
representation, inducement, promise of agreement, oral or otherwise, has been
made by the other Party or anyone acting on behalf of the other Party that is not
embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its
covenants and conditions shall be binding on and shall inure to the benefit of the
Parties and their respective successors and assigns. A Party may only assign or
transfer its rights and obligations under this JPA Amendment with prior written
approval of the other Party, which approval shall not be unreasonably withheld.
8. Attorney's Fees. If any action at law or equity, including any action
for declaratory relief is brought to enforce or interpret the provisions of this
Agreement, each Parry to the litigation shall bear its own attorney's fees and
costs.
9. Governing Law. This JPA Amendment shall be governed by and
construed in accordance with the laws of the State of California, as applicable.
A-5
10. No Third Party Beneficiaries. This JPA Amendment shall not
create any right or interest in the public, or any member thereof, as a third party
beneficiary hereof, nor shall it authorize anyone not a Party to this JPA
Amendment to maintain a suit for personal injuries or property damages under
the provisions of this JPA Amendment. The duties, obligations, and
responsibilities of the Parties to this JPA Amendment with respect to third party
beneficiaries shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained
in this JPA Amendment is held invalid, illegal or unenforceable by any court of
competent jurisdiction, such portion shall be deemed severed from this JPA
Amendment and the remaining parts of this JPA Amendment shall remain in full
force and effect as though such invalid, illegal, or unenforceable portion had
never been a part of this JPA Amendment.
12. Headings. The paragraph headings used in this JPA Amendment
are for the convenience of the Parties and are not intended to be used as an aid
to interpretation.
13. Amendment. This JPA Amendment may be modified or amended
by the Parties at any time. Such modifications or amendments must be mutually
agreed upon and executed in writing by both Parties. Verbal modifications or
amendments to this JPA Amendment shall be of no effect.
14. Effective Date. This JPA Amendment shall become effective upon
the execution thereof by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment
to be executed and attested by their officers thereunto duly authorized as of the
date first above written.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF
M
Title:
In
Date:
Date:
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 7.1
Meeting Date: June 18, 2013
AGENDA REPORT
VIA: James DeStefano, City Ma
TITLE: ORDINANCE NO. XX(2013) OF THE CITY OF DIAMOND BAR AMENDING
TABLES 2-5 AND 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE
APPLICANT: Ryan Farsai, 23276 S. Pointe Drive #100, Laguna Hills, CA 92653
RECOMMENDATION:
Approve for First Reading by title only, waive full reading, and schedule Second Reading for
July 16, 2013.
FINANCIAL IMPACT:
The costs associated with the review of this application have been borne by the applicant.
SUMMARY:
This proposed amendment to the Development Code was initiated by the owners of the Arco
service station located at the southwest corner of Brea Canyon Road and Diamond Bar
Boulevard. Diamond Bar Municipal Code (DMBC) Section 22.10.030 requires gas stations to
be located at least 150 feet from "any" school in order to be eligible to sell packaged alcoholic
beverages. The DBMC broadly defines "school" to include not only K-12 education, but also
a wide array of commercial uses and non -degree programs, including art, dance and martial
arts studios, fitness training, commercial tutoring centers, and establishments that provide
courses via Internet; but expressly excludes child care facilities or preschools from this
definition. The applicant is requesting an amendment to the Development Code to limit the
above described 150 -foot distance requirement to public and private elementary, middle and
high schools only.
Based on staff's research into this matter, it does not appear that the 150 -foot distance
requirement was intended to include the entire spectrum of uses broadly defined as "schools"
in the Development Code. Rather, the intent was more likely focused on grade schools
where children are able to travel to and from school on their own accord (as opposed to
commercial tutoring or other extracurricular learning centers where children are more likely to
Page 1
925302.1
be dropped off and picked up by an adult—or other types of schools that cater to an adult
clientele)—and thus increase the likelihood of exposure to alcohol merchandising along their
paths of travel. As such, the proposed Development Code Amendment will limit the distance
criteria to only those classifications of schools that would most likely be negatively affected by
proximity to service station convenience stores that sell alcohol; namely elementary, middle
and high schools. At the same time, by eliminating the distance requirement from being
applicable to less vulnerable categories of schools, service stations will not be unduly
restricted by an overreaching distance restriction, particularly since many gas stations are
adjacent to shopping centers which have increasing numbers of tenants that fall into the
"school" category.
BACKGROUND:
Reoulatory Histo
In 2000, the City Council adopted an ordinance requiring a conditional use permit to allow the
sale of alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel,
and for such retail establishments to be located a minimum of 150 feet away from any school.
The Council passed this ordinance to ensure that that the Planning Commission adequately
analyze the suitability of alcohol sales at a particular location in order to minimize juvenile
loitering and exposure to alcohol advertising at service stations. It was noted during the
Council meeting that the potential availability of alcohol at the Chevron gas station at the
corner of Pathfinder and Brea Canyon Road located, across the street from Diamond Bar
High School, could become an attractive nuisance to the teenage students attending the high
school, increase the possibilities of disorderly conduct by adults and/or facilitate negative
interaction with juveniles. Hence, the Council adopted the ordinance with the 150 -foot
distance criterion to reduce the possibility of nuisance activities that are sometimes
associated with alcohol sales establishments near public schools.
Planning Commission Review
On February 26, 2013, the Planning Commission held a public hearing on the Development
Code Amendment application. After discussion and incorporation of comments into the
language of the proposed amendment, the Commission recommended, by a 5-0 vote, that
the City Council adopt the proposed amendment, specifying that the 150 -foot distance
requirement apply to public and private elementary, middle and high schools. The staff report
and meeting minutes are attached to this report. There were no issues or objections raised
by the public during the hearing.
Page 2
925302.1
ANALYSIS:
Policy Issue
Extracurricular learning facilities such as tutoring centers, art and music schools, dance and
yoga studios fall into the definition of a "school' found in the Development Code, as do
vocational schools, traffic schools and establishments providing courses via Internet.
Currently, off-site alcohol sales from motor fuel service stations must be at least 150 feet
away from all schools, measured from property line to property line.
Over the years, there have been an increasing number of commercial educational facilities
located in commercial shopping centers. Gas stations are typically located near shopping
centers that may be occupied by these types of educational facilities. Hence, gas stations
with a convenience store are being unduly restricted by a distance restriction that was
intended to apply to only public and private K-12 schools that would most likely be negatively
affected by proximity to gas station convenience stores that sell alcohol. When the City
Council passed the ordinance with the 150 -foot distance requirement, it was intended to
apply to grade schools where children are more likely to travel to and from school on their
own accord, instead of being dropped off and picked up by an adult, as is the case with many
commercial tutoring and commercial instructional businesses—and there were thus concerns
of possible juvenile loitering and other nuisance activities near the alcohol sales
establishments.
Staff does not believe that the 150 -foot separation requirement was intended to apply to the
broad spectrum of uses defined as "schools" in the Development Code. The majority of
extracurricular learning facilities provide supervision of children and children are typically
dropped off and picked up by a parent or other adult. In addition, there are other types of
schools such as vocational schools that cater to adult clientele who do not constitute the
target population that the Development Code was intended to protect. Therefore, the
proposed amendment to the Development Code would not increase the exposure of children
to alcohol advertising and juvenile loitering, or negatively affect those types of schools that
the 150 -foot distance requirement was intended to apply to.
If the Council limits the distance criteria to only public and private grade schools, the following
gas stations may apply for a Conditional Use Permit to sell alcohol:
• Mobil on northeast corner of Diamond Bar Blvd. and Sunset Crossing.
• Former Shell on northeast corner of Diamond Bar Blvd. and Palomino.
• Mobil on northeast corner of Grand and Golden Springs.
• Chevron on southeast corner of Brea Canyon Road and Golden Springs.
• Mobil on northwest comer of Brea Canyon Road and Golden Springs.
Page 3
925302.1
Review Authority (Diamond Bar Municipal Code Section 22.70)
Pursuant to Development Code Section 22.70, requests to amend the Development Code
require public hearings before the Planning Commission and City Council. Before the City
Council may adopt an ordinance to amend the Development Code, the Planning Commission
must first conduct a public hearing to consider the proposed amendments. The Commission
reviewed and forwarded its recommendations via a resolution advising the Council that the
proposed amendment should be adopted. Development Code Amendments are legislative
actions subject to approval by the City Council through the adoption of ordinances.
Development Code Amendments become applicable Citywide. In order to approve the
proposed Development Code Amendment, the City decision makers must determine that the
amendment will further the goals, objectives and policies of the City without having an
overriding negative effect on the community.
The following summarizes the current Development Code standard and the recommended
amendment to the section in the Development Code. Strike -out, italicized and underlined text
highlight the recommended revisions. Since the Planning Commission hearing, language
has been added to simply clarify that the distance requirement is measured from the nearest
property lines.
ARTICLE II. ZONING DISTRICTS AND ALLOWABLE LAND USES
CHAPTER 22.10—COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Section 22.10.030—CommerciaUIndustrial district land uses and permit requirements.
RECOMMENDATION: Revise footnote 5 to Table 2-5 and footnote 3 to Table 2-6 (Allowed Uses
and Permit Requirements for Office and CommerciaUIndustrial Zoning Districts).
Table 2-5—Office Zoning Districts
LAND USE
OP
OB (3)
CO
Alcoholic beverage sales, off-
site, in conjunction with the sale
CUP
CUP
CUP
of motor fuel (5)
Notes:
(5) Shall be a minimum of 150 feet, from any-seheel nzeasuredfi-o�n the rtearesi vroncr-ty lines_. from
anti. public Or rzvate elernewan% middle or lug li school as defined b1- EdacaiioraCode Sectunti9430
or arw eyurralen ral to sc7auc,1 perForrrnrr, the i17 ction o with schools.
Table 2-6—CommerciaUIndustrial Zonine Districts
LAND USE
C-1 C-2
C-3
I
Alcoholic beverage sales, off-
site, in conjunction with the sale
CUP CUP
CUP
of motor fuel (3)
Page 4
925302.1
Notes:
(3) Shall be a minimum of 150 feet, ftem anyseheei ineasured Iron? the neatest mopeiLi lanes from
any public or private elementar middle or hi F school as defined by Ldueation C bdc .Sectron 49430
or aneunalentute school per os n zn > tGre znetion o%such schools.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
The City has determined that the proposed Development Code Amendment is exempt from
the provisions of the California Environmental Quality Act (CEQA), as prescribed under
Section 15061(b)(3) (No Potential for Causing Significant Effect on the Environment) and
Section 15378(b)(5) (Administrative Activities of Governments That Will Not Result in Direct
or Indirect Physical Changes in the Environment) of the CEQA Guidelines. Therefore, no
further environmental review is required.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the project
site on June 7, 2013, and the notice of at least 1/8 page display was published in the Inland
Valley Daily Tribune and San Gabriel Valley Tribune newspapers. 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. The project site was posted with a notice display board, and a copy of the public
notice was posted at the City's three designated community posting sites.
RECOMMENDATION:
Staff recommends that the City Council adopt Ordinance No. XX(2013) (Attachment 1) to
approve the Development Code Amendment - Planning Case No. PL2013-022.
Prepared by: Reviewed by:
Gra`c S. Lee
Senior Planner
Reviewed by:
David Doyle
Assistant City Manager
Greg Gubman, AICP
Community Development Director
Page 5
925302.1
Attachments:
Draft Ordinance No. XX(2013)
Planning Commission Staff Report and Minutes Dated February 26, 2013
Planning Commission Resolution No. 2013-04 Recommending Approval of DCA
Page 6
925302.1
Attachment 1
CITY COUNCIL
ORDINANCE NO. 2013 -XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING DEVELOPMENT CODE AMENDMENT NO. 2013 -XX
AMENDING TABLES 2-5 AND 2-6 OF SECTION 22.10.030 OF THE
DIAMOND BAR MUNICIPAL CODE
A. RECITALS
1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The
General Plan establishes goals, objectives and strategies to implement the
community's vision for its future.
2. On November 3, 1998, the City of Diamond Bar adopted a Development
Code. Title 22 of the Diamond Bar Municipal Code which contains the
Development Code is now currently applicable to development applications
within the City of Diamond Bar.
3. Administering the Development Code for over 10 years demonstrated that
certain clarifications and modifications are warranted based on the City's
experience.
4. The City of Diamond Bar has reviewed a request by Ryan Farsai to amend
the Development Code to clarify the 150 -foot distance separation requirement
between gas station convenience stores that sell alcoholic beverages and
schools. The Development Code defines "school" very broadly, and includes
not only grade schools, but also such uses as martial arts studios, vocational
schools and traffic schools. The proposed development code amendment will
limit the distance separation requirement to public and private elementary,
middle and high schools. Making provisions for narrowing the distance
criteria furthers the intent of the office and commercial zoning districts.
5. On February 26, 2013, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the application and concluded the
public hearing. At that time, the Planning Commission adopted Resolution
No. 2013-04 recommending that the City Council adopt Development Code
Amendment Planning Case No. 2013-22.
6. On June 7, 2013, public hearing notices were mailed to property owners
within a 500 -foot radius of the project site, and the notice for this application
was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune. Pursuant to California Government Code Section 65091 (a)(3), if the
number of property owners to whom a public hearing notice would be mailed
is greater than 1,000, a local agency may provide notice by placing a display
advertisement of at least one-eighth page in at least one newspaper of
general circulation. On June 7, 2013, the City placed a one-eighth page
display advertisement in the above mentioned newspapers of general
circulation. All persons wishing to testify at the public hearing in connection
with said amendment were heard, and said amendment was studied; and
7. On June 18, 2013, the City Council of the City of Diamond Bar conducted a
duly noticed public hearing with regard to the Development Code
Amendment. At that time, the City Council concluded the public hearing.
8. Following due consideration of the public testimony, staff analysis, and the
Planning Commission's recommendation, the City Council finds that the
Development Code Amendment set forth herein is consistent with the
General Plan.
9. The City Council hereby finds that this project is exempt from the provisions
of the California Environmental Quality Act (CEQA), as prescribed under
Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a
significant effect on the environment) and Section 15378(b)(5) (administrative
activities of governments that will not result in direct or indirect physical
changes in the environment), therefore, no further environmental review is
required.
10.The City Council hereby specifically finds and determines that, having
considered the record as a whole, including the finding set forth above; there
is no evidence before this City Council that the Development Code
Amendment proposed herein will have the potential of an adverse effect on
the wildlife resources or the habitat upon which the wildlife depends. Based
upon substantial evidence, this City Council hereby rebuts the presumption of
adverse effects contained in Section 753.5 (d) of Title 14 of the California
Code of Regulations.
B. ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
ordain as follows:
land uses and permit requirements. Article II, Title 22 of the City of Diamond Bar
Municipal Code is hereby amended to read as follows:
2
OAResolutions & Ord-CC\DCA PL2013-022 CC Ord 6-18-13.doc
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS
FOR OFFICE ZONING DISTRICTS
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Permit Requirement by District
T
See Standards in
LAND USE 1
OP OB 3) _
CO ,Section:
RETAIL TRADE USES
Alcoholic beverage sales, off-
C-2
C-3
1
in Section:
site, in conjunction with the saleCUP
Alcoholic beverage sales, off-
CUP
CUP
of motor fuel (5)
site, in conjunction with the sale
CUP
CUP
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Section 22.10.030 Table 2-5, footnotes pertaining to permit requirements. Article
II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by
revising the following note regarding the distance criteria:
(5) Shall be a minimum of 150 feet, measured from the nearest property lines,
from any public or private elementary, middle or high school as defined by
Education Code Section 49430 or any equivalent private school
performing the function of such schools.
Section 22.10.030 Table 2-6, footnotes pertaining to permit requirements. Article
II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by
revising the following note regarding the distance criteria:
(3) Shall be a minimum of 150 feet, measured from the nearest properly lines,
from any public or private elementary, middle or high school as defined by
Education Code Section 49430 or any equivalent private school
performing the function of such schools.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
OAResolutions & Ord-CC\DCA PL2013-022 CC Ord 6-18-13.doc
Permit Requirement by District
See Standards
USE 1
C-1
C-2
C-3
1
in Section:
_LAND
RETAIL TRADE USES
Alcoholic beverage sales, off-
site, in conjunction with the sale
CUP
CUP
CUP
of motor fuel (3)
Section 22.10.030 Table 2-5, footnotes pertaining to permit requirements. Article
II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by
revising the following note regarding the distance criteria:
(5) Shall be a minimum of 150 feet, measured from the nearest property lines,
from any public or private elementary, middle or high school as defined by
Education Code Section 49430 or any equivalent private school
performing the function of such schools.
Section 22.10.030 Table 2-6, footnotes pertaining to permit requirements. Article
II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended by
revising the following note regarding the distance criteria:
(3) Shall be a minimum of 150 feet, measured from the nearest properly lines,
from any public or private elementary, middle or high school as defined by
Education Code Section 49430 or any equivalent private school
performing the function of such schools.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JUNE 2013, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
OAResolutions & Ord-CC\DCA PL2013-022 CC Ord 6-18-13.doc
AM
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 18th day of June, 2013, and was finally passed at a
regular meeting of the City Council held on the 2nd day of July, 2013, by the following
vote:
ATTEST:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Tommye Cribbins, City Clerk
City of Diamond Bar
4
OAResolutions & Ord-CC\DCA PL2013-022 CC Ord 6-18-13.doc
Attachment 2
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: February 26, 2013
CASE/FILE NUMBER: Development Code Amendment and
Conditional Use Permit - Planning Case
No. PL2013-022
PROJECT LOCATION: f The proposed Development Code Amend-
ment applies Citywide.
• The proposed Conditional Use Permit
applies to 3302 S. Diamond Bar Blvd.
APPLICATION REQUEST: 1) Development Code Amendment to
revise Tables 2-5 and 2-6 of DBMC
Section 22.10.030 to specify that for gas
stations to be eligible to sell packaged
alcoholic beverages, they must be at least
150 feet from elementary, middle and high
schools. This narrows the scope of the
current distance requirement, which applies
to "all schools" as defined in the
Development Code; and
2) Conditional Use Permit to upgrade an
existing Alcoholic Beverage Control license
from Type 20 (Beer and Wine) to Type 21
(General) for off-site consumption in
conjunction with the sale of motor fuel at an
existing AMPM mini -mart and Arco service
station.
PROPERTY OWNER: Mahnaz Farsai
23276 S. Pointe Drive, #100
Laguna Hills, CA 92653
APPLICANT: Ryan Farsai
23276 S. Pointe Drive, #100
Laguna Hills, CA 92653
Summary
The proposed amendment to the Development Code was initiated by the owners of the
Arco service station located at the southwest corner of Brea Canyon Road and
Diamond Bar Boulevard, Diamond Bar Municipal Code (DBMC) Section 22.10.030
requires gas stations to be located at least 150 feet from "any" school in order to be
eligible to sell packaged alcoholic beverages. The DBMC broadly defines "school' to
include not only K-12 education, but also a wide array of commercial uses, including art,
dance and martial arts studios, fitness training, commercial tutoring centers, and
establishments that provide courses via Internet, but does not include child care
facilities or preschools. The applicant is requesting the following approvals:
1.. Amendment to the Development Code to limit the above described 150 -foot
distance requirement to elementary, middle and high schools only; and
2. Conditional Use Permit (CUP) to upgrade an existing alcoholic beverage license
from Type 20 (Beer and Wine) to Type 21 (General) for off-site consumption in
conjunction with the sale of motor fuel at an existing AMPM mini -mart and Arco
service station.
The 150 -foot distance requirement was not intended to include an entire spectrum of
uses broadly defined as "schools" in the Development Code. Rather, it was meant to
apply to grade schools where children are more likely to travel to and from school on
their own accord (as opposed to tutoring or other extracurricular learning centers where
children are more likely to be dropped off and picked up by an adult; or other types of
schools that cater to an adult clientele). This requirement was to prevent children from
exposure to alcohol advertising and juvenile loitering at service stations. As such, the
proposed Development Code Amendment will limit the distance criteria to only those
classifications of schools that would most likely be negatively affected by proximity to
service station convenience stores that sell alcohol; namely elementary, middle and
high schools. At the same time, eliminating the distance requirement from being
applicable to less vulnerable categories of schools, service stations will not be unduly
restricted by an overreaching distance restriction, particularly since many gas stations
are adjacent to shopping centers which have several tenants that fall into the "school'
category.
Therefore after holding the public hearing, staff recommends that the Planning
Commission recommend approval of Development Code Amendment and Conditional
Use Permit for Planning Case No. PL2013-22 to the City Council, based on the findings
of fact, and subject to the conditions of approval by adopting the attached resolutions.
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BACKGROUND:
The applicant's proposal requires two distinct land use decisions to be deliberated upon:
1) A Citywide Development Code Amendment; and
2) A site-specific Conditional Use Permit.
Review Authoritv (Diamond Bar Municipal Code Sections 22.58 and 22.70
Pursuant to Development Code Section 22.70, requests to amend the Development
Code require public hearings before the Planning Commission and City Council. Before
the City Council may adopt 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.
Development Code Amendments are legislative actions subject to approval by the City
Council through the adoption of ordinances.
Development Code Amendments become applicable Citywide. CUPs, on the other
hand apply only to the properties on which such conditional uses are proposed.
Although CUPs typically require Planning Commission approval, this CUP request is
being considered concurrently with a Development Code Amendment, therefore,
Section 22.48.030 of the Development Code requires all applications to be deferred to
the highest review authority. The Planning Commission, therefore, plays an advisory
role in the review of these applications.
In order to approve the proposed Development Code Amendment, the City decision
makers must determine that the amendment will further the goals, objectives and
policies of the City without having an overriding negative effect on the community.
In order to approve the proposed CUP, the City must first determine that the request is
in compliance with the City's General Plan policies and development standards, and
that adverse effects, if any, of the proposed use upon the surrounding properties and
the City in general are minimized.
Site Description and Regulatory History
The AMPM mini -mart is located on the southwest corner of Brea Canyon Road and
Diamond Bar Boulevard. The site is approximately 0.65 acres in size and contains 12
gasoline pumps under two canopy areas, and a 2,000 square -foot building housing the
mini -mart. There are six parking spaces and one handicap parking space on site.
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In 2000, the City Council adopted an ordinance
requiring a Conditional Use Permit to allow
alcoholic beverage sales for off-site
consumption in conjunction with the sale of
motor fuel, and for such retail establishments to
be located a minimum of 150 feet away from
any school. The Council passed this ordinance
with the intent that the Planning Commission
adequately analyze the suitability of alcohol
sales at a particular location in order to
minimize juvenile loitering and exposure to
alcohol advertising at service stations. It was
also noted during the Council meeting that the
potential availability of alcohol at the Chevron
gas station at the corner of Pathfinder and Brea
Canyon Road located, across the street from
Diamond Bar High School, could become an
attractive nuisance to the teenage students Project Site
attending the high school, increase the possibilities of disorderly conduct by adults
and/or facilitate negative interaction with juveniles. Hence, the Council adopted the
ordinance to prevent the possibility of nuisance activities that are sometimes associated
with alcohol sales establishments near public schools.
The Arco service station was approved by the County of Los Angeles and built in 1972.
The service station has an existing AMPM mini -mart, which is an ancillary use to the
sale of gasoline at this location. The AMPM mini -mart currently sells soft drinks and
snack foods, as well as beer and wine. The State Department of Alcoholic Beverage
Control (ABC) issued a Type 20 license, which authorizes the sale of beer and wine for
offsite consumption, to the business on August 17, 2005. The applicant is applying for a
CUP to upgrade the existing ABC license to add the sale of distilled spirits (Type 21) at
the mini -mart. However, to enable the consideration of a CUP, the Development Code
needs to be amended to address the 150 -foot distance criteria from "any" school by
narrowing the scope of the current distance requirement.
The applicant has stated that while the sale of beer and wine is an important component
of the business, he believes the addition of distilled spirits will increase sales by
20 percent.
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Site Aerial
Site and Surrounding General Plan. Zoning and Land Uses
Site
Professional Office
C-1 I
Gas Station and Mini -Mart
Shell Gas Station and
North
Professional Office
C-1
Neighborhood Commercial
Center
South
East
Professional Office
and Low Density C-1 and RLM
Residential
I General Commercial C-1
Vacant and
Single Family Homes
Vacant
West
Professional Office C-1
Professional Office Building
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ANALYSIS:
Development Code Amendment (DBMC Section 22.70)
The following information represents the current Development Code standard and the
recommended amendment to the section in the Development Code. Strike -out,
italicized and underlined text indicates the recommended revisions.
ARTICLE II. ZONING DISTRICTS AND ALLOWABLE LAND USES
CHAPTER 22.10—COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
Section 22.10.030—Commercial/Industrial district land uses and permit
requirements.
1. Recommendation: Revise footnote 5 to Table 2-5 and footnote 3 to Table 2-6
(Allowed Uses and Permit Requirements for Office and Commercial/Industrial
Zoning Districts).
Table 2-5—Office Zonina Districts
LAND USE
OP
OB (3)
CO
Alcoholic beverage sales, off-site,
in conjunction with the sale of
CUP
CUP
CUP
motor fuel (5)'
Notes:
(5) Shall be a minimum of 150 feet from any sehool from any elementarv,
middle or high school campus in which students are permitted to arrive and
mart without an adult escort.
Tahlp 2-6—Commercial/Industrial Zonina Districts
LAND USE
C-1
C-2 C-3
I
Alcoholic beverage sales, off-site,
in conjunction with the sale of
CUP
CUP CUP
motor fuel (3)
Notes:
(3) Shall be a minimum of 150 feet saw �aayseno = from any elementary,
middle or high school campus in which students are permitted to arrive and
depart without an adult escort.
The existing AMPM mini -mart is located within 150 feet from a neighborhood
commercial center containing a Montessori school (daycare up to Kindergarten), a
variety of extracurricular learning facilities, such as dance and yoga studios, after school
tutoring centers, dry cleaning services, and offices. The tutoring centers as well as the
dance and yoga studios fall into the definition of a "school' as defined in the
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Development Code, as do vocational schools and establishments providing courses via
internet. Currently, off-site alcohol sales from motor fuel service stations must be at
least 150 feet away from all schools, measured from property line to property line.
However, when the City Council passed the ordinance with the 150 -foot distance
requirement, it was intended to apply to grade schools where children are more likely to
travel to and from school on their own accord, instead of being dropped off and picked
up by an adult. There were concerns of possible juvenile loitering and other illegal
activities near the alcohol sales establishments. Staff does not believe this provision
was intended to apply to the broad spectrum of uses defined as "schools" in the
Development Code. This AMPM mini -mart is not known to be a gathering place for
students from nearby public grade schools as well, or from the extracurricular learning
facilities. Therefore, the availability of alcohol sales at this location would not increase
the possibility of juvenile loitering, disorderly conduct by adults, or adult interaction with
juveniles. The Montessori School as well as the tutoring centers provide supervision of
children, and require adult escort to arrive and depart.
Conditional Use Permit (DBMC Section 22.58)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding
area cannot be determined before being analyzed for suitability at a particular location.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the general peace, health and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the owners of the Arco service
station were to close the business after it has begun operating, a new owner would be
required to comply with the same conditions as the previous owner and would not be
permitted to expand the business without full review and approval by the Planning
Commission.
The applicant is requesting approval of a CUP to upgrade an existing alcoholic
beverage license to include distilled spirits in addition to beer and wine and to
supplement the other commodities sold in the existing mini -mart. The applicant
believes the addition of distilled spirits will allow this service station to increase sales by
20 percent.
The addition of distilled spirits at the AMPM mini -mart will have a negligible impact on
the site. There will be no exterior changes to the structure which houses the mini -mart
and the service bays. The interior of the mini -mart will not be modified in any way,
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except for some new shelving behind the cash register to accommodate the distilled
spirits. The distilled spirits will not be accessible without clerk assistance. The mini -
mart is open 24 hours a day, seven days a week, and the hours of alcohol sales is
between the hours of 6:00 a.m. to 2 a.m.
Compatibility with Neighborhood
Within Census Tract 4033.25 (with a population of 4,795), in which this site is located,
there are currently four existing businesses that sell alcohol as follows:
• Rite Aid and Super H Mart located within Diamond Hills Plaza sell beer, wine,
and distilled spirits (Type 21) for off-site consumption; and
• Diamond Bar Shell and Arco AMPM mini -mart located on Diamond Bar Blvd. and
Brea Canyon Road sell beer and wine (Type 20) for off-site consumption.
Based on the population within this census tract, up to three liquor licenses for off-site
consumption can be issued. The number of alcohol licenses is limited to one for each
1,528 people in the census tract. The mini -mart is in an area with an over -concentration
of off -sale ABC licenses, however, approval of this CUP will not increase the number of
off -sale licenses in the district since the existing Type 21 license would be replaced with
a Type 20 license, if issued. A list of all the licenses in this census tract is attached to
this report as Attachment 3. Also, this location is not located in an area with high crime
counts.
The site is surrounded by commercial uses to the north and west, and vacant land to
the east. The nearest residential use is found to the south of the service station,
approximately 325 feet away. ABC will not license a new retail location within 100 feet
of a residence unless the applicant can establish that the operation of the proposed
premises will not interfere with the quiet enjoyment of the property by residents.
In the area surrounding this site, there are no public schools, public playgrounds, parks,
nonprofit youth facilities or hospitals located within 600 feet from the AMPM mini -mart.
The nearest church — Diamond Bar Evangelical Church is approximately 300 feet away,
and there are private learning facilities inside a neighborhood commercial center to the
north, behind the Shell service station. The center includes a Montessori school
(daycare up to kindergarten), several afterschool tutoring centers, and a dance and
yoga fitness studios. The church and businesses received notice of the request to sell
distilled spirits from the Department of Alcoholic Beverage Control, and have not
responded to the notice as of this writing. Although Diamond Bar Evangelical Church
and private learning facilities are located in close vicinity, the proposed conditions of
approval will mitigate public safety and security concerns of this use to nearby
residences and businesses.
In addition, the location of the private learning facilities within a neighborhood
commercial complex significantly reduces compatibility problems. The design of the
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complex insulates the schools from surrounding businesses and the AMPM mini -mart,
which is located approximately 100 feet away, measured from property line to property
line. These private learning facilities have adult supervision, and parents drop off and
pick up their children from these schools. Therefore, school children are not expected
to pass by the mini -mart premises and patrons of the mini -mart are not expected to
pass directly by these private schools on foot. Thus, potentially undesirable situations
such as juvenile loitering or other illegal activities are considered highly unlikely. A
condition of approval is also included requiring employees on-site to make appropriate
efforts to discourage loitering and littering on the premises.
Parkina and Circulation
Currently, parking is adequately provided on the site and the addition of distilled spirits
to be sold at the AMPM mini -mart is not expected to increase the amount of parking
needed. The addition of distilled spirits to the inventory is not expected to substantially
increase the amount of traffic at the service station. The mini -mart is an ancillary use to
the service station. According to the applicant, most customers of the AMPM mini -mart
are primarily purchasing automobile fuel at the gas station.
In addition, the additional sale of distilled spirits will not require any change or
modification to the existing structures and the current interior layout will not require any
significant modification to accommodate the additional inventory, except for two new
shelves behind the cash registers. Therefore, the proposed additional sale of distilled
spirits is not expected to generate the need for any additional parking.
Additional Review
The Public Works Department and Building and Safety Division reviewed this project
and included their comments in the attached resolution as conditions of approval.
ENVIRONMENTAL ASSESSMENT:
The City has determined that the proposed Development Code Amendment is exempt
from the provisions of the California Environmental Quality Act (CEQA), as prescribed
under Section 15061(b)(3) (No Potential for Causing Significant Effect on the
Environment) and Section 15378(b)(5) (Administrative Activities of Governments That
Will Not Result in Direct or Indirect Physical Changes in the Environment); and
Conditional Use Permit is exempt as prescribed under Section 15301 (Existing
Facilities) of the CEQA Guidelines. Therefore, no further environmental review is
required.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the
project site on February 15, 2013, and the notice of at least 1/8 page display was
published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune
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newspapers on February 15, 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. The
project site was posted with a notice display board, and a copy of the public notice was
posted at the City's three designated community posting sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) recommending approval of Development Code Amendment, and
Resolution (Attachment 2) recommending approval of Conditional Use Permit - Planning
Case No. PL 2013-022 to the City Council, based on the findings of DBMC
Section 22.58, subject to conditions of approval.
Prepared by: Reviewed by:
Attachments:
Greg Gubman, AICP
Community Development Director
1. Draft Resolution to Recommend Approval of Development Code Amendment No.
2013 -XX
2. Draft Resolution to Recommend Approval of Conditional Use Permit
No. 2013 -XX
3. List of Alcohol Licenses in Census Tract 4033.25
4. Site Plan and Floor Plan
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 26, 2013
CALL TO ORDER:
Chairman Lin 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 Nelson led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Jack Shah, Tony Torng,
Vice Chairman Steve Nelson, and Chairman Jimmy Lin.
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; Natalie Tobon, Assistant Planner; 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 February 12, 2013.
C/Shah moved, VC/Nelson seconded,
Regular Meeting of February 12, 2013,
the following Roll Call vote:
to approve the Minutes of the.
as presented. Motion carried by.
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson,
Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and
Development Review No. 2006-11 — Under the authority of Diamond Bar
Municipal Code Section 22.66.050, applicant Joe Kwok submitted a
request for a one-year extension of time to begin construction on a nine -
unit residential condominium project on a 0.62 acre lot. The project was
FEBRUARY 26, 2013
PAGE 2 PLANNING COMMISSION
approved on November 20, 2007, with a three (3) year timeframe to obtain
building permits and begin construction. On February 4, 2011, the project
was approved for a one-year time extension and on April 3, 2012, the
project was approved for an additional one-year time extension.
PROJECT ADDRESS:
PROPERTY OWNER:
23671 Golden Springs Drive
Diamond Bar, CA 91765
GSDB Investment, LLC
625 Fair Oaks Avenue #115
South Pasadena, CA 91030
APPLICANT: Joseph Kwok
625 Fair Oaks Avenue #115
South Pasadena, CA 91030
CDD/Gubman stated that since this matter has been advertised in the
local paper and a public hearing noticed has been placed, it would be
appropriate to open the public hearing in case there are any respondents
to those notices and continue the public hearing to March 12, 2013. As
stated in the agenda, this is an extension of time request for a nine -unit
condominium project that would be a reuse of land currently occupied and
used by Diamond Jim's Dairy. The reason for the continuance is that the
City did not receive from the applicant in a timely manner, the mailing list
for the property owners within a 500 foot radius of the property which must
be mailed at least 10 days prior to the public hearing date. Because staff
did not have the opportunity to get the notices out in that 10 -day period it
is compelled to continue the hearing to March 12, 2013.
Chair/Lin opened the public hearing.
There was no one present who wished to speak on this matter
C/Torng moved, VC/Nelson seconded to continue the matter to March 12,
2013. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Farago, Shah, Torng, VC/Nelson,
Chair/Lin
None
None
7.2 Development Review, Conditional Use Permit and Comprehensive
Sign Program No. PL2012-444 — Under the authority of Diamond Bar
Municipal Code Sections 22.48, 22.58 and 22.36.060, applicant Glen
Ross, representing Architekton and property owner Richard Yeh,
FEBRUARY 26, 2013 PAGE 3 PLANNING COMMISSION
representing Country Hills Holding, LLC, requested that the Commission
grant the following entitlements:
• Development Review approval to construct a 3,431 square roof
building for occupancy and use as a bank;
• Conditional Use Permit approval to incorporate a 517 square foot
canopy and stacking lanes to accommodate drive-through banking
services; and,
• oval for all signage associated with
Comprehensive Sign Program appr
the bank use.
The project site is located within the Diamond Hills Plaza Shopping Center
located on the westerly side of Diamond Bar Boulevard between Fountain
Springs Road and Cold Springs Lane. Development of the project will
require the demolition of an existing 4,070 square foot Burger King drive-
through restaurant. The subject property is zoned Community
Commercial (C-2) with an underlying General Plan land use designation of
General Commercial.
PROJECT ADDRESS: 2717 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
PROJECT OWNERS; Richard Yeh
Country Hills Holding, LLC
8115 Preston Road, Suite 400
Dallas, TX 75225
APPLICANT: Glen I. Ross, Architekton
464 S. Farmer Avenue
Tempe, AZ 85,281
AP/Tobon presented staffs report and recommended Planning
Commission approval of Development Review, Conditional Use Permit
and Comprehensive Sign Program No. PL2012-444, based on the
Findings of Fact, and subject to the conditions of approval as listed within
the resolution.
C/Shah commented that the turning radius of the drive-through lane did
not appear to be sufficient. CDD/Gubman responded that the grading
plan shows a turning radius of what appears to be 20 feet 7 inches to the
outside curb. The. inside radius is 14 feet which would appear to provide
an adequate turning radius for an SUV. C/Shah was not satisfied that
there was sufficient turning radius. CDD/Gubman said that the applicant
can respond or staff can require that as part of the plan check submittal,
the applicant provide diagrams showing turning templates for various
FEBRUARY 26, 2013 PAGE 4 PLANNING COMMISSION
sizes and wheel bases of vehicles that would be using the drive -though. If
necessary, staff will make adjustments to the inside and outside curbs to
provide the adequate turning radius. C/Shah concurred.
C/Shah further commented that the allocation of parking spaces does not
appear to be adequate. He asked how many parking spaces are required
for the bank use and considering that the entire shopping center is filled to
capacity will the last use have sufficient parking? AP/Tobon responded
that the parking ratio for the bank is one space for every 300 square feet.
The bank will be 3,431 square feet which would require 12 parking spaces
and the site is already providing more parking spaces than required. Staff
used the same parking study table that was submitted in the past but
continues to update the study with all of the new businesses that come in
to the shopping center and the updated version is provided to the
Commission and the updated study shows that adequate parking is
provided for new businesses.
VC/Nelson asked if the proposed through -lane was the same size as the
current drive-through lane and AP/Tobon responded that the applicant can
comment on VC/Nelson's question. VC/Nelson asked if the turn radius is
the same as the Starbuck's turn radius in the same shopping center.
Although it is a fairly tight turn radius, VC/Nelson comfortably maneuvers
his SUV through that drive-through. VC/Nelson asked if there was a
walkup for the ATM. AP/Tobon confirmed that there is a walkup at the
front of the bank. VC/Nelson commented that if the Commission could
compare the proposed drive-through turning radius for the proposed bank
to the current drive-throughs for Burger King and Starbucks it would be
helpful.
C/Farago asked the hours of operation for the bank and AP/Tobon
responded 9:00 a.m. to 6:00 p.m. with the drive-through providing 24-hour
service.
C/Torng asked if the Chase signage would be visible to Diamond Bar
Boulevard traffic. AP/Tobon explained that after cutting four feet the
project will import dirt to fill the pad back up to its current level and the
signage should be visible from Diamond Bar Boulevard.
Jose Gandara, 1713 Harbor Way, Seal Beach, on behalf of Architekton
and Chase, said his firm laid out the plans and are pleased to present this
project to Diamond Bar. He stated that he read the Conditions of Approval
and asked for a correction on the Draft Resolution which states that the
signage is to exist on the south and east elevations. Staff's report is
correct that the signage is to exist on the south and west elevations. With
respect to the radius of the drive-through, he used the site plan with the
FEBRUARY 26, 2013 PAGE 5 PLANNING COMMISSION
queue showing the inside radius of 14 feet which is acceptable to most
vehicles. He would love to see the drive-through filled with 15 cars as
shown, but it is very unlikely and this exaggerated example proposes to
show the worst-case scenario. The inside radius is 14 feet and the
outside radius is 20 feet and any one of the vehicles can enter any one of
the three lanes. In the event that they cannot make the turn, the third lane
is an "escape" lane which does not provide ATM access. There will be a
"headache" bar installed which will provide oversized vehicles from
entering the drive-through lane. The drive-through is intended for SUV's
and large passenger cars which would typically be seen in that type of
environment. With respect to parking, the bank proposed to provide
15 parking spaces, which is two spaces less than what is currently existing
for the Burger Kind. However, the drive-through will accommodate two
vehicles at a time so most customers will use the drive-through rather than
park. The bank has improved on the existing Burger King drive-through
because the existing Burger King has only one drive-through lane. The
bank hours are from 9:00 a.m. to 6:00 p.m. The bank does not get any
deliveries so there will be no standing trucks to provide motor noise for the
residents. The drive-through hours are 24/7. The area will be well -lighted
and protected with cameras. The signage is intended to address Diamond
Bar Boulevard at the south and west elevations. A sign study was done
and the applicant looked at the signage along Diamond Bar Boulevard to
locate the signage in ideally visible locations where it would be visible from
that roadway.
C/Farago asked what kind of pedestrian safeguards will be in place at the
three -lane exit site. Mr. Ross responded by showing the Commission the
location of a striped path using the plan map. Graphics will be placed at
the bottom and in addition to vertical stop signs there is a visible stop sign
printed on the pavement visible to the motorists driving out of the lanes.
Drivers will be required to stop before driving out. C/Farago said that
potentially, there could be three vehicles stopped at that crossing at the
same time which did not feel right to him.
CDD/Gubman said he would use the example of a gas station at a Costco
which is an example of side-by-side jockeying for exiting position.
Chair/Lin asked staff to have Public Works look at the safety issue of the
exiting. VC/Nelson suggested that below the stop signs the bank install
"Watch for Pedestrian" signs.
Chair/Lin opened the public hearing.
With no one present who wished to speak on this matter, Chair/Lin closed
the public hearing.
FEBRUARY 26, 2013
PAGE 6 PLANNING COMMISSION
C/Shah moved, VC/Nelson seconded, to approve Development Review,
Conditional Use Permit and Comprehensive Sign Program
No. PL2012-444. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson,
Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Code Amendment and Conditional Use Permit
No. PL2013-022 — Diamond Bar Municipal Code (DBMC)
Section 22.10.030 requires gas stations to be located at least 150 feet
from "any" school in order to be eligible to sell packaged alcoholic
beverages. The DBMC broadly defines "school' to include not only K-12
education but also a wide array of commercial uses including art, dance
and martial arts studios, fitness training, commercial tutoring centers, and
establishments that provide courses via Internet.
Under the authority of DBMC Section 22.70, applicant Ryan Farsai is
requesting approval to amend Table 2-6 of DBMC Section 22.10.030 to
limit the above described 150 -foot distance requirement to elementary,
middle, and high schools only. Concurrently, under the authority of DBMC
Section 22.58, the applicant requested approval of a Conditional Use
Permit to upgrade an existing Alcoholic Beverage Control License from
Type 20 (Beer and. Wine) to Type 21 (General) for offsite consumption in
conjunction with the sale of motor fuel at an existing AMPM Mini -Mart and
Arco Service Station. The subject property is zoned Neighborhood
Commercial (C-1) with a consistent underlying General Plan land use
designation of General Commercial (C).
PROJECT ADDRESS: 3302 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNERS: Farsai and Farsai, Inc.
23276 S. Pointe Drive #100
Laguna Hills, CA 92653
APPLICANT: Ryan Farsai
23276 S. Pointe Drive #100
Laguna Hills, CA 92653
CDD/Gubman stated that the Commission was being asked to take
recommendation action on two distinct but related requests somewhat
unlike a normal land use decision that the Commission would be making
FEBRUARY 26, 2013 PAGE 7 PLANNING COMMISSION
on an agenda item. The first request for a Development Code
amendment has citywide applicability. This Code amendment has to do
with narrowing or refining what constitutes a "school" for the purposes of
determining appropriate locations for the sale of alcohol. This Code
amendment would need to be in effect in order to enable the applicant to
apply for a permit to upgrade the current beer and wine license to sell
alcohol. Although they are different in scope, one is citywide and one is
project -specific, yet both are being requested by the applicant because
ultimately, the applicant would need the legislative action of amending the
Code to enable the issuance of a land use permit. The Commission could
potentially recommend approval for both resolutions or recommend
approval for the Code amendment but say in this particular case, it does
not think it appropriate to sell alcohol at the requested location. That is not
staffs recommendation; however, that scenario is one of the alternatives
in the recommendations that the Commission will be making as it
deliberates on this two -fold matter.
Chair/Lin asked why the two related issues were presented together. If
this is a Code amendment how does the City advertise this matter?
CDD/Gubman responded that this is addressed in state law. When a
potential land use decision such as a code amendment and the scope of a
planning decision is so broad it does not make sense to individually notice
or expect that everyone who would be affected by something would
receive a personal notice, state law allows for the publication of a larger
advertisement in the local newspaper which was done in this case, and
that is how staff deals with citywide applicable planning matters. SP/Lee
pointed out that this is stated on Page 10 of staffs report.
SP/Lee presented staff's report and recommended that the Planning
Commission Adopt Attachment No. 1, a resolution recommending City
Council approval of Development Code Amendment, and Attachment
No. 2, a resolution recommending City Council approval of Conditional
Use Permit No. PL2013-0222, based on the Findings of Fact, and subject
to conditions of approval as listed within the resolution.
VC/Nelson asked if staff was including both public and private schools
when speaking of middle and high schools and SP/Lee responded "yes."
She further stated that this includes any and all schools "with a campus
setting."
VC/Nelson said he believed this item should be handled as two separate
motions because there is a chance it could be misconstrued as favoritism
FEBRUARY 26, 2013 PAGE 8 PLANNING COMMISSION
with respect to this particular project. VC/Nelson recommended that the
Commission consider the Code amendment first and the project second.
Chair/Lin concurred.
C/Torng asked if the ampm mini mart location violated the current code
because there is no school within 150 feet. SP/Lee responded that there
are no grade schools, per se, but there are private learning facilities such
as tutoring centers. C/Torng said he thought the rule was 600 feet and
SP/Lee responded "no." SP/Lee explained that the existing Beer and
Wine License at 3302 S. Diamond Bar Blvd. is "grandfathered" in.
C/Torng asked if there was any school within 150 feet of the ampm mini
mart and SP/Lee explained that there are no public schools but there are
private learning facilities. C/Torng said he believed the Montessori School
is more than 150 from the project. C/Torng asked if the shopping center
across the street from the project was within 150 feet and SP/Lee
responded "yes, it is approximately 100-110 feet." To answer C/Torng's
question about the liquor store at the corner of Pathfinder Road and Brea
Canyon Road, CDD/Gubman explained that existing locations are
grandfathered, and the liquor store in question was in existence prior to
the 2000 ordinance that set forth the 150 foot distance limitation. In fact,
the ordinance that was passed applied only to alcohol sales from gas
stations. Although a liquor store still requires a Conditional Use Permit,
the real intent of the year 2000 ordinance was to ensure that the Chevron
Station across the street from Diamond Bar High School could not apply
for a Conditional Use Permit. It is reasonable to surmise that without the
year 2000 ordinance and that station having applied for a license, because
of parent and school district objections, that permit would probably be
denied by the Planning Commission or upon appeal, by the City Council.
With or without this ordinance being in place, there is still the controlling
factor of the Conditional Use Permit in looking at specific sites and for the
Commission to determine, through that permit process, whether it is
appropriate or whether there are land use conflicts that would say that this
is not the right place to allow alcohol sales to occur.
C/Torng said he felt that in this instance it was okay because it was across
the street and he did not believe students would walk across the street.
He said he believed the 150 feet should be reconsidered at different
locations because if it is in the same plaza, 150 feet is not that far away.
The private schools are for young students and the adults can go out
anytime they wish. He said that was his major concern.
Chair/Lin said he believed that 150 feet was from property line to property
line and not building to building. He said he believed that Diamond Bar
FEBRUARY 26, 2013 PAGE 9 PLANNING COMMISSION
Boulevard was about 100 feet of right-of-way and that is why even the
properties across the street are within 150 feet. SP/Lee stated that
Chair/Lin was correct.
Ryan Farsai, applicant, representing Arco ampm of Diamond Bar. He
thanked the Commission for its support of the small business owners and
for considering this evening's request. His family bought into this business
in 1992 and has owned the property since 2003. In 2004, he and his
brothers became operators of the station and their mother is their landlord.
The reason the Code Amendment change is being made is because of the
neighborhood center across the street from the project which consists of
five big buildings and is 110 feet from the subject property line. The
property across the street includes the Montessori School which has
students from age 0 to 5 and after school programs. The reason for the
request is that it is not possible to sell alcohol to children aged 0 to 5 and
he believes that a definition of this school is one in which parents drop off
their children in the morning and pick them up in the afternoon. The
children have recess and lunch periods on their campus. His business
has a perfect 20 -year track record with ABC. With respect to the 110 foot
property line, there is a secured fence protecting that property because it
adjacent to the SR57 northbound. The students would have to leave the
building, go all of the way around to the driveways and those driveways
are 275 feet and 325 feet respectively from his building. In addition, he
was concerned about the Montessori School and if the school included
elementary, junior high and high school and students were arriving and
departing without adult supervision, it would be a concern. However, that
is not the case for his location.
Mr. Farsai stated that with respect to the CUP, the site has been operating
since 1992. In the years 1993 to 1997 this business paid for his college
education. The station was pumping 500,000 gallons per month and is
now doing 250,000, a 50 percent reduction. The site is currently
generating in about $12 million taxable dollars for the City but since the oil
spill in 2010 there has been an eventual downfall of BP and eventual
mass US divestiture of assets including the ARCO brand, the refinery and
distribution rights to over 700 sites in southern California. There is
currently a pending sale by BP/PLC to Tesoro which is a refiner based out
of EI Paso Texas and as a result, he will get less profit on the gas. As a
result of these impending events, his business is taking a proactive stance
to create revenue to improve the business. Profits are down and he is
competing with big supermarkets that are now offering gasoline and other
products at lower prices. He feels his site offers a good atmosphere for
sale of alcohol which Will provide a convenience for his customers on a
24/7 basis. His business has been awarded a priority application for an
upgrade by ABC. He hopes the NFL Stadium will come to fruition and in
FEBRUARY 26, 2013 PAGE 10 PLANNING COMMISSION
anticipation of future growth he is doing his best to prepare for this
eventuality. He estimates a 25 percent growth in revenue from the sale of
alcohol and a 30-40 percent growth in alcohol and another 15-20 percent
growth in the store with an NFL Stadium. He thanked staff for helping him
through this process.
VC/Nelson said that intuitively, to sell any kind of liquor at a gas station
makes no sense ever. The reality is that people who want to drink will get
it whether it is sold at a gas station or not. When talking about people or
children potentially coming to buy alcohol, and Mr. Farsai is talking about
pre-school age, it is ridiculous turning down his application. No five year-
old will walk into Mr. Farsai's store and say he wants to purchase alcohol,
for example. As far as the stadium possibly being developed nearby,
most people he knows that tailgate bring their alcohol with them and do
not stop off and buy alcohol at an ARCO station or liquor store so he does
not see that as a problem. In terms of a code for the City VC/Nelson
believes there needs to be a Code for the City, but when you break it
down, a person can run 150 feet in five seconds and can walk it in less
than a minute to purchase alcohol. Therefore, he believes that 150 feet is
a silly number and a more appropriate number would be a quarter of a
mile which he is by no means suggesting. But the honest answer is that if
some kid wants to hop the fence of a high school and go and get liquor,
under the current restrictions, he can do it in less than one minute if he
has a fake ID. He believes the City needs a Code but does not personally
believe it is meaningful and to apply it in this situation makes no sense to
him whatsoever. VC/Nelson said he had no problem with Mr. Farsai's
project.
C/Shah congratulated Mr. Farsai on a very detailed and well-prepared
presentation. He said he agreed with VC/Nelson that 150 feet did not
make sense. Alcohol is alcohol as far as he is concerned.
Chair/Lin opened the public hearing.
With no one present who wished to speak on this matter, Chair/Lin closed
the public hearing.
C/Farago asked CDD/Gubman about the definition of the school because
the Code currently reads from any school, elementary, middle and high
school which would include private schools and asked if there was any
way to clarify that in this instance. CDD/Gubman said the City did not
want to say it was applicable to only private schools or only to public
schools. There are potentially private schools and one example in the City
is the Institute of Knowledge, the Islamic School at the end of Via Sorella
which is a private school that has grades K through 12. Staff did not want
FEBRUARY 26, 2013 PAGE 11 PLANNING COMMISSION
to distinguish between a public and private school because their operating
characteristics can be somewhat similar and staff believes that the intent
when this regulation was originally written was to reduce the opportunity
for students that have the mobility to move on and off campus without
parental or adult supervision to be exposed to a retail establishment that is
advertising and/or selling alcohol. C/Farago said he understood the point
of the regulation, his question was if CDD/Gubman believed that the way it
was written now included both private and public without it so stating that
fact because that will be a deciding factor when he votes. CDD/Gubman
said the language could be amended to say public and private to take
away any ambiguity and C/Farago felt that would be beneficial.
C/Torng asked if this amendment was passed if it would apply to gasoline
stations, liquor stores and grocery stores. CDD/Gubman responded that
was not correct. For alcoholic sales in conjunction with motor fuel, this is
the only type of off-site alcohol retail establishment that this existing Code
applies to and staff did not attempt to debate or re-evaluate whether 150
feet makes sense or whether this footnote that applies only to gas stations
makes sense. It is what is in the Code, and in light of the fact that the City
has this regulation and the way it is written that says it applies to a gas
station 100 feet from any school, and any school includes a Pilates studio
so that is what is constraining this business enterprise from being
competitive, staff can understand the proximity concern with schools and
children that have independent mobility but what staff does not understand
is the issue with applying that distance restriction in light of the very, very
broad definition of "school' in the Code which would include a Curves
Fitness Center, for example. Staff is attempting to get away from the
issue of whether it makes sense for this restriction to apply only to gas
stations and not to liquor stores and grocery stores because that could be
a debatable issue for another time. The same holds true with the 150 foot
rule. Staff is attempting only to be very surgical in its recommendation
which does not want to get into the 150 feet debate or the "why does it
apply to gas stations and not liquor stores or grocery stores" debate, staff
is merely saying why does it apply to any school when in Diamond Bar
there is an exponential growth of tutoring centers that is going to zone out
every other type of use unless the language becomes more precise about
what the existing restriction was meant to apply for.
C/Torng said that if for example, the Chase Bank location at Diamond Hills
Plaza were to become a liquor store and at the same plaza there existed a
number of tutorial schools, in his mind he would try to minimize the
situation under that condition. However, that same condition is very
difficult to apply to this project. CDD/Gubman said that one thing to
remember is that even if the Chase Bank converted to a liquor store it
would require a Conditional Use Permit and while they are not excluded
FEBRUARY 26, 2013 PAGE 12 PLANNING COMMISSION
from applying for a Conditional Use Permit there, the Commission could
deny that use permit because it may find that a liquor store is not a
compatible use in the middle of the center near an Orchepia School of
Music or just the exposure of the advertising or whatever other land use
conflicts one might find to exist if the liquor store were located in that
setting.
Chair/Lin said that the amendment under consideration would include a
Costco with gasoline sales, for example and CDD/Gubman responded
that Chair/Lin was correct.
VC/Nelson moved to recommend City Council approval of Development
Code Amendment to revise Tables 2-5 and 2-6 of the DBMC
Section 22.10.030 to limit the above described 150 -foot distance
requirement to elementary, middle and high schools only, based on the
Findings of Fact, and subject to conditions of approval as listed within the
resolution, with the addition of the language amended to include public
and private schools. Discussion ensued.
C/Torng seconded the motion. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson,
Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Shah moved to recommend City Council approval of Conditional Use
Permit No. PL2013-022, based on the Findings of Fact, and subject to
conditions of approval as listed within the resolution. VC/Nelson
seconded the motion.
Motion approved by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson,
Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Lin said he planned to attend a company workshop beginning tomorrow. If
he learns something new he will report back to the Commission.
FEBRUARY 26, 2013 PAGE 13 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future proiects.
CDD/Gubman reminded the Commission that its reorganization meeting
will take place at the regularly scheduled March 12 meeting. Two items
are scheduled for Planning Commission action — one is the continued
public hearing for the nine unit condo project and the second is a
Conditional Use Permit for an Arts School at the two-story commercial
building at Banning Way and Golden Springs Drive just up the street from
the Lemon Avenue intersection. The City has received six proposals in
response to the RFP for City Attorney services. The firm of Jenkins and
Hogan has given the City notice that it will be terminating their contract
with Diamond Bar in April. City Council will go into Closed Session next
Thursday morning to interview the candidates and as early as March 19
the selection could be confirmed at the City Council meeting.
Chair/Lin said he would not be present for the March 12 reorganization
meeting and voiced his support of VC/Nelson to serve as Chair of the
Planning Commission.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Lin adjourned the regular meeting at 8:35 p.m.
The foregoing minutes are hereby approved this 12th day of March, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
S eve Nelson, Chairman
Attachment 3
PLANNING COMMISSION
RESOLUTION NO. 2013-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED DEVELOPMENT CODE AMENDMENT PLANNING CASE
NO. PL2013-022 TO AMEND TABLES 2-5 AND 2-6 OF SECTION 22.10.030.
A. RECITALS
1. Property owner, Mahnaz Farsai, and applicant, Ryan Farsai, have filed an
application for Planning Case No. PL2013-022 for a Development Code
Amendment to amend Tables 2-5 and 2-6 of Diamond Bar Municipal Code
(DBMC) Section 22.10.030 to specify that for gas stations to be eligible to
sell alcoholic beverages, they must be at least 150 feet from any public
and private elementary, middle or high school campus in which students
are permitted to arrive and depart without an adult escort. This narrows
the scope of the current distance requirement, which applies to "all
schools" as defined in the Development Code.
2. On February 15, 2013, public hearing notices were mailed to property
owners within a 500 -foot radius of the project site, and a notice of at least
1/8 page display was published in the Inland Valley DailV Tribune and San
Gabriel Valley Tribune newspapers on February 15, 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.
The project site was also posted with a notice display board, and a copy of
the public notice was posted at the City's three designated community
posting sites.
3. On February 26, 2013, the Planning Commission held a duly noticed
public hearing on the proposed development code amendment. All
persons wishing to testify at the public hearing in connection with said
amendment were heard, said amendment was studied, and the Planning
Commission closed said hearing.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
Attachment 3
PLANNING COMMISSION
RESOLUTION NO. 2013-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED DEVELOPMENT CODE AMENDMENT PLANNING CASE
NO. PL2013-022 TO AMEND TABLES 2-5 AND 2-6 OF SECTION 22.10.030.
A. RECITALS
1. Property owner, Mahnaz Farsai, and applicant, Ryan Farsai, have filed an
application for Planning Case No. PL2013-022 for a Development Code
Amendment to amend Tables 2-5 and 2-6 of Diamond Bar Municipal Code
(DBMC) Section 22.10.030 to specify that for gas stations to be eligible to
sell alcoholic beverages, they must be at least 150 feet from any public
and private elementary, middle or high school campus in which students
are permitted to arrive and depart without an adult escort. This narrows
the scope of the current distance requirement, which applies to "all
schools" as defined in the Development Code.
2. On February 15, 2013, public hearing notices were mailed to property
owners within a 500 -foot radius of the project site, and a notice of at least
1/8 page display was published in the Inland Valley Daily Tribune and San
Gabriel Valley Tribune newspapers on February 15, 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.
The project site was also posted.with a notice display board, and a copy of
the public notice was posted at the City's three designated community
posting sites.
3. On February 26, 2013, the Planning Commission held a duly noticed
public hearing on the proposed development code amendment. All
persons wishing to testify at the public hearing in connection with said
amendment were heard, said amendment was studied, and the Planning
Commission closed said hearing.
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 proposed amendments will not have a substantial adverse impact on
the environment and the project is exempt from the California
Environmental Quality Act (CEQA), as prescribed under
Section 15061(b)(3) (No Potential for Causing Significant Effect on the
Environment) and Section 15378(b)(5) (Administrative Activities of
Governments That Will Not Result in Direct or Indirect Physical Changes
in the Environment) of the CEQA Guidelines. Therefore, no further
environmental review is required.
3. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment Planning Case No. PL 2013-022,
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council.
APPROVED AND ADOPTED THIS 26TH OF FEBRUARY, 2013 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Jimmy -Vin, Ch man
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
26th day of February, 2013, by the following vote:
AYES: Commissioners: Farago, Shah, Torng, VC/Nelson, Chair/Lin
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
N
Agenda No. 6.2
_ MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
May 28, 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: Commissioner Torng led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Jimmy Lin, Jack Shah, Vice
Chairman Tony Torng, Chairman Steve Nelson
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; Natalie Tobon, Assistant Planner, 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 May 14, 2013 -
VC/Torng moved, C/Shah seconded, to approve the Minutes of the Regular
Meeting of May 14, 2013, as presented. Motion carried by the following Roll
Call vote:
AYES:
NOES:
ABSTAIN
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARING(S):
►C.Tita
None
Farago, Shah, VC/Torng,
Chair/Nelson
None
Lin
None
7.1 Development Review No. PL2012-100— Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant and property owner Ahdy Ayad,
requested Development Review approval to construct a new 4,033 square foot
single family residence on a 0.21 gross acre (9,320 square foot) lot. The
MAY 28, 2013 PAGE 2 PLANNING COMMISSION
subject property is zoned Low Density Residential (RL) with a consistent
underlying General Plan land use designation of Low Density Residential.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
23885 Minnequa Drive
Diamond Bar, CA 91765
Ahdy Ayad
12162 Black Stone Drive
Rancho Cucamonga, CA 91739
AP/Tobon presented staff's report and recommended Planning Commission
approval of Development Review No. PL2012-100, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
VC/Torng referred to Attachment 2, a letter received from Mr. and Mrs. Thomas
Tobin, dated May 20, 2013. He said the neighbor's letter referred to Glendora's
Code which calls for a 33 percent roof per 10,000 square feet of land and asked
if Diamond Bar had such a code. AP/Tobon responded that the City's
Development Standards state that within this zone there is a maximum of
coverage of 40 percent footprint and the proposed project is 24.4 percent
coverage.
Chair/Nelson asked if it was a percentage of the footprint of the house or all
hardscape and AP/Tobon responded that it is anything and everything with a
roof so it includes the footprint of the house, patio covers and any other
accessory structures.
Chair/Nelson opened the public hearing.
Yasmine Ahmir, 1105 North Golden Springs Drive, said the issue was that due
to a landslide, the house became inhabitable and was demolished in 2012. His
engineer submitted drawings according to the requirements and the City's Code
which the City approved. This project does not change the character of the
street of Minnequa Drive and there should not be any problem with traffic nor
should it have a negative impact on future sales. This project will add beauty to
the homes on Minnequa. He feels that the person who cited the Glendora code
(Attachment 2) did not realize that Glendora is an old City and Diamond Bar is a
fairly young City. Mr. Ahmir submitted to Chair/Nelson a letter in support of the
project signed by the neighbors surrounding the project.
Chair/Nelson asked for CDD/Gubman's recommendation on how the letter
should be received and CDD/Gubman stated his recommendation was that the
Chair pass the letter to the Commissioners and that the letter then be entered
into the record. Chair/Nelson offered the following summary: The letter is
essentially in support of the project with a number of residents within the same
MAY 28, 2013 PAGE 3 PLANNING COMMISSION
street and/or less than one mile radius of the property stating that the project
will not change the character of the houses located in the area. The height will
be the same as that of the previous house and the elevation conforms to the
City's regulations and that the project will not have a negative impact on the
value of homes in the area. The letter speaks against the nature of the
Glendora restrictions indicating that those restrictions basically do not apply to
this project; that from an engineering and architectural standpoint there are
quality individuals involved; there is a certificate of compliance for the plans and
development for the Ahdy Ayad single family home issued by the engineers and
the letter contains a number of signatures. In essence, this is a letter of
statement from neighbors who say they have no problem with the project under
any means whatsoever. Chair/Nelson entered the letter into the record and
continued with the public hearing.
Lianbin Hou, 23900 Minnequa Drive, across the street from the proposed
project, said that he was against the project because he believed the size of the
house would be double that of the house.that previously existed and that it was
not in keeping with the houses in the area. Second, the house is a two story
house and that the house was one story and the proposed project will affect the
houses on the west side. Third, the house is big and has a two car garage so
there will be lots of people living there and where will they park and probably
will park on the street.
Ms. Yung, 23891 Minnequa Drive, next to the proposed project, said her house
is a one-story house and a two story house next to her is too big and will block
the light from her house. Also, there is only a two -car garage for such a big
house. When the applicant finishes the house he may sell the house and there
will be a big family living in the house. With only a two car garage cars will be
parked on the street so it will create more traffic in her neighborhood.
Emad Nabih, 8715 Pradero Court, Rancho Cucamonga, contractor, stated that
when he submitted plans to, build this house, they were submitted according to
location, specifications and building codes. In addition, all setbacks and soil
stability has been done to code. The City has reviewed and approved those
plans. The recommendation for the slope came from GMU, the geotechnical
engineer responsible for the landslide repair. The foundation was designed
according to the specifications with a high factor of safety. With respect to the
two car garage and the family that lives in the house, the area will not be
impacted with vehicles because a two -car garage is sufficient for this size
house which accommodates a husband, wife and one child. There are already
some cars parked overnight on the street and there are no restrictions for
parked cars because they do not block the traffic: The applicant made every
attempt to match the area in accordance with Building and Safety
recommendations. There is no attempt to do anything that is outstanding or out
of the norm for the area. In addition, this house will increase the value of
MAY 28, 2013 PAGE 4 PLANNING COMMISSION
homes in the neighborhood because it is brand new and the next door neighbor
will benefit from this project that also adds to the City and the community.
Ms. Yung returned to say that the slide mitigation was guaranteed for only
10 years and after 10 years it will happen again and they will not warranty it
again. Also he said it is a beautiful house and she agrees. But the surrounding
houses are small and suddenly when there is a big house next to a small house
it does not add to the value of her home, it detracts from that value.
Raf Madrid, 17840 Newbrook, Cerritos, Certified Inspector for Los Angeles
County, said he was involved with looking at the house and the slope failure. In
his opinion, this area is a very good area. He lives in a two story house and no
other houses on his street are two story. His house was built in 1975 as the
rules and regulations allowed and there was no restriction from the point of view
of Building and Safety. The regulation. for the City also allows for distance
between the houses for fire safety and the proposed house meet those codes.
The City of Diamond Bar has a very highly qualified staff and they know what
they are doing. The engineer who submitted the plans knows the codes for
single family homes and the rules were very carefully applied for this single
family home for many reasons including insurance. Both sides of this home are
safe for purposes of lighting. From a fire safety standpoint, the back of the
house is an open area. The front line of the house matches all of the other
houses in the street. Who will be living in this house is not the concern of
anyone in this district because it could be one person with two cars or five
people with only two cars. These plans were submitted to the City by a
professional structural engineer under California Building Codes. The architect
is certified and builds in accordance with California Building Codes. The City
sends the plans to two consulting engineers to carefully study the plans, thus
the recommended modifications which were done. After that the City made
three revisions to the plans — plans do not pass through this City that easily and
the Planning Division of this City is responsible about what will be built in their
community. Anyone who objects to this house is dealing from an emotional
standpoint and this house is being built to code.
With no one else present who wished to speak on this item, Chair/Nelson
closed the public hearing.
C/Lin asked what the footprint of the house is and CDD/Gubman responded
that the square footage of the lot is 9,320 and the lot coverage as stated in
staffs report is 24.4 percent (the footprint of the house) or about 3,000 square
feet which is the area of the first floor, garage, covered patio, covered entrance
which is 2,274 square feet. The 2,992 square feet does not include the garage.
With the inclusion of the garage and balconies the square footage totals
3,723 square feet which is the gross floor area. C/Lin said that typically,
garages and balconies are typically not considered "living space."
MAY 28, 2013 PAGE 5 PLANNING COMMISSION
CDD/Gubman said that C/Lin was correct and directed him to pages 3 and 4 of
staffs report which contain four bullet points breaking down the square footage
that comprises the structure. C/Lin said that the setbacks are to code and
nothing that is proposed to be built is in contrast or violates the City's
Subdivision Code and CDD/Gubman confirmed that C/Lin was correct. C/Lin
said that in terms of how many members live in the house is not included in the
criteria for approving or denying the project and neither does the blocking of
light from the neighbor's property and CDD/Gubman confirmed that C/Lin was
correct. CDD/Gubman said that when staff reviews projects, every effort is
made to take into account compatibility with neighboring structures in terms of
privacy, ensuring that bedroom windows do not face each other, etc. He
showed the photo of the building that was demolished which was a two-story
residence. The neighboring one-story house is shown on the right and that
house is actually upslope from the project site so that even though it is one-
story, the subject property is down slope and its pad is actually a few feet lower
than the one-story house so that the proposed structure is not looming over the
neighboring property and there will be no impacts in terms of creating shadows
onto the neighboring property.
C/Lin asked if the City had the landslide repaired and CDD/Gubman responded
that the City had to review the structural engineering plan and the landslide had
to be repaired to a minimum safety factor which is a technical term that gets into
its geotechnical stability. The slope repair has been engineered so that it is not
going to fail. This is a safe building pad and it has improved the safety for the
surrounding properties as well. The slope repair went through an extensive
engineering effort and has been vetted through the City's geotechnical
consultants to ensure that it meets or exceeds the minimum safety factors
required. C/Lin said it has a 10 year warranty and who paid for the repair and
who is responsible for the failure of the construction. CDD/Gubman explained
that the engineer of record is ultimately responsible and has liability insurance
that covers the work. The landslide occurred on private property, not on public
property.
C/Farago asked if the house on the down slope to the west of the project site
was a two story structure and CDD/Gubman responded yes as seen on the
upper left of the slide. C/Farago asked the square footage of the project that
was demolished and CDD/Gubman responded that the living area was 2093
square feet which is a net increase in square footage between the former and
new structure of about 900 square feet.
C/Shah said that it appears that according to the site drawing the square
footage meets all of the requirements for the City. The slope and slide is a
geotechnical issue and once it was fixed it was warranted for 10 years which
surprised him.
MAY 28, 2013 PAGE 6 PLANNING COMMISSION
CDD/Gubman stated that any development project that goes through the
Planning Commission for review, the Commission is reviewing it for use of the
land and for the appropriateness of the way in which the building was designed.
The Planning Commission's approval is subject to several conditions that must
be complied with before the City issues permits. The Planning Commission is
not looking at the structural plans for the house because that is something this
approval is subject to — subject to going through the Building and Safety
Division for verification that the structural plans comply with the building codes.
There is the same requirement for the earthwork and for all of the grading that
would be involved. Those structural safety building code requirements are
mandated to go through the technical staff for verification that they meet the
safety criteria. The Commission's approval, in this case and as always, is
subject to the City's technical staff's ensuring that no permits are issued and no
final inspections are signed off until staff has verified that all construction and all
designs have been done in compliance with the relevant safety codes for the
State of California.
VC/Torng asked for a clarification of the balcony square footage on Page 1 of
staff's report.
C/Farago said that according to the plans, the square footage of the demolished
house first floor was 1,280 and the first floor of the new building is only 1,465
which is a difference of less than 200 square feet. The second floor is 1,527
and the demolished building was 813 so the increase in the square footage can
be found in the second floor. CDD/Gubman said that C/Farago made a good
point.
Chair/Nelson said that as long as he has served on the Planning Commission it
has never rejected the idea of having families want to increase the size of their
homes or move out of Diamond Bar. This is a very family friendly City and
supports approval. He also believes that the rule of real estate does apply that
if you want a good investment in real estate you buy the lesser valued home on
the block and move up from there.
C/Lin moved, C/Shah seconded, to approve Development Review No. PL2012-
100, based on the Findings of Fact, and subject to the conditions of approval as
listed within the resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Lin, Shah, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
RECESS: Chair/Nelson recessed the Planning Commission at 7:40 p.m
MAY 28, 2013 PAGE 7 PLANNING COMMISSION
RECONVENE: Chair/Nelson reconvened the Planning Commission at 7:50 p.m.
7.2 Development Review No. PL2013-104 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the property owner, Samson Family Trust, and
applicant Federico P. Samson, requested Development Review approval to
demolish an existing house and construct a new 7,401 square foot single family
residence on a 0.84 gross acre (36,590 square foot) lot. The subject property is
zoned Rural Residential (RR) with a consistent underlying General Plan land
use designation of Rural Residential.
PROJECT ADDRESS:
PROPERTY OWNER:
2442 Alamo Heights Drive
Diamond Bar, CA 91765
Samson Family Trust
23810 Canyon Vista Court
Diamond Bar, CA 91765
APPLICANT: Federico P. Samson
2442 Alamo Heights Drive
Diamond Bar, CA 91765
CDD/Gubman presented staff's report and recommended Planning Commission
approval of Development Review No. PL2013-104 based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
VC/Torng liked the plan and staff's detailed report.
Chair/Nelson opened the public hearing.
Federico Samson, property owner, asked the Commission to please approve
the project which he feels will improve and upgrade the neighborhood. The
current house is outdated.
With no one else present who wished to speak on this item, Chair/Nelson
closed the public hearing.
C/Farago moved, VC/Torng seconded, to approve Development Review No.
PL2013-104 based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution. The motion was carried by the following
Roll Call vote:
MAY 28, 2013 PAGE 8 PLANNING COMMISSION
9
0
AYES: COMMISSIONERS: Farago, Lin, Shah, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
C/Lin asked about the status of the potential Ralph's project. CDD/Gubman
responded that the Walmart Neighborhood Market will open in that space when
corporate elects to tell the City when construction will take place and when the store
will be open for business. There is a larger rollout plan for several locations but staff is
not privy to that information at this time. C/Lin asked if the plan would be submitted to
the Planning Commission for approval and CDD/Gubman responded no, only if the
exterior of the building were to be modified. If this project involves only an interior
remodel with new signage it would not come to the Planning Commission. C/Lin
asked if traffic and parking would be a problem and CDD/Gubman responded that if
the square footage does not change and the property is going from a market to a
market, it would be exempt from that type of review.
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that the June 11 Planning Commission will go dark since
there are no scheduled agenda items and the next Commission meeting will be
June 25. There are currently two items on the agenda: 1) addition to a single
family residence and 2) a new office building at the corner of Brea Canyon
Road and Washington Street.
CDD/Gubman further stated that staff released the Environmental Impact
Report (EIR) for a zone change for a portion of Tres Hermanos that lies directly
south of Diamond Ranch High School. When the City adopted the current
Housing Element it was obligated by the state to establish zoning in the City at
a sufficient density to accommodate 490 affordable housing units which is
simply defined as creating zoning that allows a density of 30 units per acre. It is
not that the City is going to be subsidizing or providing any financial backing for
a project, it is simply obligated to provide a zoning designation with sufficient
acreage to accommodate that number of units at the given density. Staff
anticipates coming to the Planning Commission on August 13 for the first
hearing on the proposed zone change. The EIR has been released for a 45 -
day public review period. If the Commissioners have any questions on the
document feel free to contact him or SP/Lee. If the Commission would like to
have a study session as it did when the Site D EIR was released, that can be
scheduled for the June 25 meeting.
MAY 28, 2013 PAGE 9 PLANNING COMMISSION
Chair/Nelson asked that any Commissioner wishing to schedule a study
session should contact CDD/Gubman for scheduling. VC/Torng said he would
like to have a study session and asked for concurrence from his colleagues.
CDD/Gubman said that staff would schedule a study session to discuss
navigating through the EIR to obtain information which is provided in a
summary form for 6:00 p.m. prior to the regular June 25 meeting. The rest of
the document is the technical basis for the summary information.
C/Lin asked if staff prepared the EIR and CDD/Gubman said that the City
contracted with a consultant who assembled a team of specialists in the various
disciplines such as air quality, noise, traffic and biology to collectively provide
the basis for the EIR and the document went through a collaborative effort that
included staff and attorney review. C/Lin asked if it would be prudent to invite
the consultant to attend the study session. CDD/Gubman said he would work
on that issue.
-- 10. 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 8:11 p.m. to June 25, 2013.
The foregoing minutes are hereby approved this 25th day of June, 2013.
Attest:
Respectfully Submitted,
Greg Gubman'
Community Development Director
Ote!v4 Nelson, Chairman
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