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HomeMy WebLinkAbout09/17/2013uiamona City Council Agenda Tuesday, September 17, 2013 6:30 p.m. — Regular Meeting Diamond Bar City Hall Windmill Room, First Floor 21810 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 Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. r DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. - Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING VIDEOTAPED FOR REBROADCAST ON THE CITY'S GOVERNMENT ACCESS CHANNEL AND WEBSITE, BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE REBROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND TUESDAYS AT 8:00 P.M. ON TIME -WARNER CABLE CHANNEL 3, VERIZON FIOS TELEVISION CHANNEL 47, AND AVAILABLE FOR VIEWING VIA ARCHIVED STREAMING VIDEO ON THE CITY'S WEBSITE WWW.DIAMONDBARCA.GOV CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 17, 2013 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2013-30 Next Ordinance No. 08(2013) 6:30 p.m. Mayor Associate Pastor Sung, Kim Gateway Friends Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by Tina Javid, Southern California Gas Company Re: High Pressure and Transmission System. 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 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. 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. September 17, 2013 PAGE 2 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 — September 24, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — September 26, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — October 1, 2013 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of September 3, 2013 — Recommended Action: Approve. Requested by: City Clerk 6.2 Ratification of Check Register — Dated August 15, 2013 through September 11, 2013 totaling $1,249,417.88. Recommended Action: Ratify. Requested by: Finance Department 6.3 Second Reading and Adopt Ordinance No. 07(2013): An Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly Portion of Assessor's Parcel Number 8701-022- 273). Recommended Action: Approve for Second Reading, Waive Full Reading and Adopt. Requested by: Community Development Department September 17, 2013 PAGE 3 6.4 Approve Plans and Specifications and Award Construction Contract for the Median Modification Project at Grand Avenue and Summitridge Drive in the Amount of $28,581.20 to L.M.T. Enterprises dba Tyner Paving Company and Authorize a Contingency Amount of $7,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $35,581.20. Recommended Action: Approve and Award. Requested by: Public Works Department 6.5 Approve Plans and Specifications and Award Construction Contract for the Median Modification Project at Diamond Bar Boulevard and Silver Hawk Drive in the Amount of $35,659.55 to L.M.T. Enterprises dba Tyner Paving Company and Authorize a Contingency Amount of $6,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $41,659.55. Recommended Action: Approve and Award. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Appointment of New Planning Commissioner. Recommended Action: Appoint. Requested by: Mayor Pro Tem Everett 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: C E ® o SOU N U Ux Y O m L C/) / LUV �V om T L O 0 - E E ��, @ 2 U) c o /E \ " U) / 2± ® 0 ® ± \ G. E ® / / E § § # M ƒ�z C) (n z E oa » \ \\G/ƒ§® \ 2 /Ra j \) c E ° Rƒ / / ƒ % ƒ ƒ \ / •- / / 0 ��, OJ ,L ly m i0 N A � O o C c a Un U) U CU cn U _E a) J O Z U n n -tom �(D coV 0- T N cu Ocu =T W _0 G W 4 J � N Q'� \h cu O N e=^ C � S o t�i g App 3s5 a-� \I no ea SZ'GE1'a SZ L4 =" 3€s MI E 5 e e moo\. 7 $aeaiE=§ O m � m nC C i O o E.u y m 0� 1.09 on ��b_yyL h�1 Q = m W ► 1 1 1 l ► ► 1 1 • 1 • • • • 0 1 • a 1 • 4-0 • • • 1 • • 1 • Q = m W n� r E ' e S `o J Y V M 5 k= .�� a�,• ���'� �N' `.per �� � E L, IF r'i i O om Rv' r r U O O N N i N d" i O 00 i r L O A Ah ® . 0 0 W, 4- W Wi-I \V O Q � C N 77, 0 O ® � N (N6 }T\ _Q Q 0 v— L 0 O � e. LO E N 0) ■ eeeo �' '(D � 0 N O � N C � f6 0 O O U N O N E Q Li 1 _j L L O C Q) L C Q U -0 U) N (B O U) N v-- O O pN (6 u) - O O Z N O N O J O O c m aZ U O Y4J W-� 0 L) C CL ®C Q Q 4® p/cu/� V/ cl, MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 3, 2013 CALL TO ORDER: meeting to order at 6:30 p.m. Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE INVOCATION: the invocation. Agenda No. 6.1 Mayor Jack Tanaka called the Regular City Council in the Windmill Room, Diamond Bar City Hall, 21810 MPT/Everett led the Pledge of Allegiance. Pastor Mark Hopper, Evangelical Free Church, gave ROLL CALL: Council Member Chang, Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Staff Present: David Doyle, Assistant City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Liu, Public Works Director, Bob Rose, Community Services Director; Ken Desforges, IT Director; Alfredo Estevez, IS Help Desk Support Technician; Cecilia Arellano, Public Information Coordinator; and Tommye Cribbins, City Clerk. Absent: APPROVAL OF AGENDA: CM/DeStefano was excused. As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Tanaka presented a Certificate Plaque to Frank Guzman and Daniel Martinez, owners of Grand Army-Navy Surplus, 1139 Grand Avenue, as New Business of the Month for September 2013. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None 3. PUBLIC COMMENTS: Lew Herndon reiterated the need for more sports fields for kids in Diamond Bar and asked the City to set aside proceeds of the sale of the Site D property for development of sports fields. Mr. Herndon also asked the Council to accept an additional 700 signatures on a petition supporting the idea. Nancy Lyons complimented and thanked the Council on the very enjoyable Concerts in the Park and Movies under the Stars event held this year. She also complimented the Volunteens on their support to those attending the event. Acting Librarian Pui-Ching Ho, Diamond Bar Library, announced events sponsored by the library including the beginning of a book club for teens on Wednesday, September 4 at 4:00 p.m.; Saturday, September 7 at 12:00 noon SEPTEMBER 3, 2013 PAGE 2 CITY COUNCIL a 5. beginning and pre -reader children can read aloud to a therapy dog; and Tuesday, September 10 from 3:30 to 4:30 p.m. Tyco Drumming. For more information, stop by the library reference desk or call 909-861-4978. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Day at the Los Angeles County Fair — September 5, 2013 — Los Angeles County Fair Grounds, Pomona. 5.2 Planning Commission Meeting — September 10, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive (canceled). 5.3 Traffic and Transportation Commission Meeting — September 12, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting September 17, 2013 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive. CONSENT CALENDAR: C/Tye moved, C/Herrera seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 6.1 CITY COUNCIL MINUTES: Chang, Herrera, Tye, MPT/Everett M/Tanaka None None 6.1.1 Study Session of August 20, 2013 —Approved as submitted 6.1.2 Regular Meeting of August 20, 2013 —Approved as submitted 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Study Session of June 25, 2013 — Received and Filed. 6.2.2 Regular Meeting of June 25, 2013 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES: 6.3.1 Regular Meeting of May 23, 2013 —Received and Filed 6.3.2 Regular Meeting of June 27, 2013 — Received and Filed 6.4 APPROVED TREASURER'S STATEMENT- July 2013. SEPTEMBER 3, 2013 PAGE 3 CITY COUNCIL 6.5 APPROVED CONTRACT WITH REGIONAL CHAMBER OF COMMERCE — SAN GABRIEL VALLEY FOR FY 2013-14 IN AN AMOUNT NOT -TO - EXCEED $12,000. 6.6 AWARDED CONTRACT TO GERONIMO CONCRETE, INC. FOR CONSTRUCTION OF THE PANTERA DOG PARK ADA ACCESS IMPROVEMENT PROJECT IN THE AMOUNT OF $37,200, PLUS A CONTINGENCY OF $3,720 (10%) FOR A TOTAL AUTHORIZATION OF $40,920; PLUS, APPROPRIATED $23,000 FROM GENERAL FUND RESERVES TO FUND THE CONSTRUCTION OF THE STAIRCASE ($7,000) WITH A CONTINGENCY ($3,720), PLAN CHECK INSPECTION SERVICES ($5,000), AND COSTS FOR THE INSTALLATION OF THE SHADE SHELTERS ($7,280). 7. PUBLIC HEARING: 7.1 2008-2014 HOUSING ELEMENT IMPLEMENTATION — PROPOSED AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL 2013-227). a) RESOLUTION NO. 2013 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH No. 2012061066), APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS OF FACT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT, AFFECTING AN AREA COMPRISED OF APPROXIMATELY 30 ACRES, GENERALLY LOCATED ALONG THE WEST SIDE OF CHINO HILLS PARKWAY, SOUTH OF ITS INTERSECTION WITH DIAMOND RANCH ROAD/SCENIC RIDGE DRIVE, AND SOUTH OF THE SR -60 FREEWAY AND DIAMOND RANCH HIGH SCHOOL (ASSESSOR'S PARCEL NUMBER 8701-022-373). b) RESOLUTION NO. 2013 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO, PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). c) ORDINANCE NO. OX(2013): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) SEPTEMBER 3, 2013 PAGE 4 CITY COUNCIL ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). d) URGENCY ORDINANCE NO. OX(2013): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). ACM/Doyle introduced CDD/Gubman who would provide the report on this item. ACM/Doyle stated that this matter is a result of a requirement by the State of California and that there is no proposed development project in front of the City Council and that it is simply a land use change. CDD/Gubman introduced SP/Lee, Project Manager, John Douglas, Housing Element Consultant and preparer of the Environmental Impact Report that staff will be asking Council to certify this evening, Richard Barretto, Traffic Engineer who prepared the EIR's Traffic Impact Analysis (TIA) and Steve Sasaki, City Traffic Consultant who performed the peer review on behalf of the City for the TIA. CDD/Gubman stated that Council will be asked to take the following actions this evening including Certification of the Environmental Impact Report and various approvals for consideration tonight. Certification means to concur that the Environmental Impact Report prepared by staff adequately and objectively identifies and discloses the potential environmental impacts that could eventually result from the proposed zone change and that the EIR adequately identifies mitigation measures to minimize environmental damage should the proposed zone change become adopted and eventually lead to a development project sometime in the future. In addition, staff is proposing a General Plan amendment to the Land Use Element Map and amendment to the City's Development Code. The zoning map is the map that shows what areas in the City those regulations would apply to. SEPTEMBER 3, 2013 PAGE 5 CITY COUNCIL Staff is proposing these actions because the California Legislature declared that the provision of decent affordable housing for all economic segments of population to be of such statewide profound importance that the State deemed it necessary to interfere to a certain extent, in local land use control, by mandating that cities at least zone sufficient land to accommodate their local share of the regional housing need. The Southern California Association of Governments (SCAG) is responsible for determining the housing growth need for all of southern California with the exception of San Diego County. The RHNA number that has been assigned to the City of Diamond Bar as well as, to all agencies within SCAG's region, is considered a planning target, not a development quota or mandate that the number of allocated housing units be developed. The requirement is that the City must make land available so that target could be achieved. In short, there is no development proposed as part of this rezoning effort and the City is only satisfying the requirement to make the land available to meet its RHNA target. Diamond Bar's fair -share RHNA allocation for very low housing is 490 dwelling units and state law requires that cities zone property at a maximum density of 30 -units per acre which equates to about 17.3 acres. The Housing Element is required to identify sites that can accommodate the City's need. Currently within the Development Code the highest density designation the City has is to allow a maximum of 20 -units per acre. This process is designed to first create a zoning designation with associated regulations for 30 -unit per acre density developments and then to identify land within the City that would be subject to that zoning designation. The California Department of Housing and Community Development (HCD) is delegated the authority to review Housing Elements and to determine that cities' housing elements are in compliance with the provisions of state law. Diamond Bar embarked on the most current Housing Element update which covers the planning period from 2008- 2014 in 2007 and worked diligently with the HCD to get the Housing Element certified. To meet the RHNA target, the City initially proposed rezoning the Kmart Center to allow for mixed use to include commercial and residential. Unfortunately, HCD rejected that proposal based on the fact that the site is already developed even though it is staffs and in general, the City's view that this site is underperforming and underutilized which is usually where opportunities are sought for intensifying development. However, HCD felt there were too many obstacles to making that site a viable housing opportunity site within the designated planning period. SEPTEMBER 3, 2013 PAGE 6 CITY COUNCIL Taking into account all of the potentially available sites in Diamond Bar, the only area that staff could identify that was of sufficient size absent other encumbrances was within the 700 acres of Tres Hermanos that lies within the City. Staff proposed to HCD that it would write language into the City's Development Code that it would require, should a Master Plan, Specific Plan or large-scale development plan come under consideration for Tres Hermanos, a housing component would be included. HCD's response was that it was a great idea but that the Master Plan would need to be fully vetted and adopted by October 15, 2013 which the City was not able to satisfy. Staff then looked at individual parcels for rezoning which included consideration of the size of the parcel, adjacency to existing development and other infrastructure and found such sites near Diamond Ranch High School. The penalty for not completing this process by October 15, 2013 would be an increase in the target requirement from 490 to 956 units. Moreover, if the City does not meet the deadline for rezoning of the 490 units within the current planning period, the currently certified and adopted Housing Element could be found to be out of compliance with state law which would give the State the option of intervening and taking over local control of the City's land use decisions. Before Council this evening is a General Plan Amendment and Zone Change to allow 490 units at a net density of 30 -units per acre to be applied to either Site A or Site B as shown on the plan. No development is proposed and there is no foreseeable plan for development of either Site A, Site B or any portion of the sites. This project is an effort to meet the requirement of making land available in the event that there is any future interest in development of either site. Although staff is proposing this zoning designation to meet the City's lower income housing need, the City is not required to subsidize low- income housing nor is development required to be low income housing. State law strictly states that density of 30 -units per acre is presumed, by default, to allow development at a high enough density so that economies of scale emerge to make the development of affordable housing feasible. Should a Specific Plan or Master Plan be forthcoming for Tres Hermanos, rezoning Site A or Site B would provide the placeholder to keep the City in compliance and keep the City from incurring penalties that could be imposed should it fail to meet its deadline. If a more comprehensive plan were to be crafted for Tres Hermanos the City could mitigate the concentration of affordable housing or high density housing from Site A or Site B into a larger planning area. SEPTEMBER 3, 2013 PAGE 7 CITY COUNCIL CDD/Gubman again emphasized that the City's only obligation is to adopt zoning that would allow 490 units at a 30 -unit per acre density. The rezoning of this property does not immediately invite development. The EIR sets forth very detailed prerequisites and other requirements for development as well as, building codes and development restrictions on air quality, water quality, traffic studies, access issues, safety issues, biological studies, and a myriad of other requirements that would be subject to a technical engineering and review process. The EIR analyzed Sites A and B and reviewed a list of alternatives set forth in CEQA, which included a no project alternative and infill sites (K -mart, Brea Canyon Road/Lemon Avenue northwest of Golden Springs Drive and Tres Hermanos South). The EIR concluded that all of the potential impacts on either Site A or B can be reduced to a level below significance through compliance with mitigation measures identified. The selection of an infill alternative would require HCD to approve an amendment to the City's Housing Element and since HCD rejected the initial infill alternative it is unlikely it would be successful. The EIR concluded that the Tres Hermanos South site offered no difference from Site A or Site B. Since staff concluded there would be no impacts to Site A or B that could not be mitigated to levels below significance, there is no superior reason to select this alternative. CDD/Gubman summarized the proposed project which started in 2008 when the City embarked on the fourth cycle Housing Element update. Six public hearings were held between 2008 and 2011 with a final public hearing before the City Council to adopt the Housing Element for the current planning period that included one of the program requirements to look at the Tres Hermanos area for rezoning. A Notice of Preparation was issued on June 14, 2012, the official public notice that the City will be embarking on the preparation of an EIR and to solicit input from public agencies and interested parties to help the City identify the scope of what the EIR needs to cover. A scoping meeting was held on June 21, 2012. Following publication of the NOP and Scoping Meeting two articles about this effort were published in The Tribune on July 7 and July 26, 2012. One of the articles included contact information for the City's further information or input. The EIR was published for public review on May 24, 2013 with a 45 -day public comment period when the City received comments from public agencies and private individuals which were published in the Response to Comments, an additional required volume of the EIR. The Draft EIR with minor refinements along with the Response to Comments volume comprised the Final EIR. Following the publication of the Final Environmental Impact Report, staff took the matter to the Planning Commission on August 13, 2013. Agencies that reviewed the Draft EIR included the California State Clearinghouse, Caltrans, SEPTEMBER 3, 2013 PAGE 8 CITY COUNCIL SCAQMD, LA County Fire Department, City of Chino Hills, City of Pomona and the City of Industry's Redevelopment Successor Agency. The City received comments from Caltrans, SCAQMD, LA County Fire Department, City of Pomona, City of Chino Hills and residents of Pomona and Diamond Bar, all of which were included in the Response to Comments volume of the Final EIR. State law limits what is an environmental issue and what is a public policy issue and the EIR can only focus on environmental issues. Ultimately, the EIR concluded that there wouldn't be any environmental impacts that would remain significant after mitigation measures were imposed. Staff recommends Site A due to its locational advantages over Site B. Whether the Council selects Site A or Site B, the environmental impacts can be mitigated. Site A is closer to a major arterial (Chino Hills Parkway), there are shorter distances to roadways, less disturbance to biological habitat, better emergency response capabilities and is further away from noise and air quality issues than Site B might suffer given its proximity to the freeway. Site B's advantage over Site A is that the topography is somewhat gentler, so development would require less earthwork; however would still require disturbance of Site A to provide access to Site B. The Planning Commission held a public hearing on August 13, 2013, received public testimony, closed the public hearing and recommended that the City Council Certify the EIR; adopt a General Plan Amendment; the amendments to the City's Development Code; and, that Site A be selected as the rezone location. Staff recommends that the City Council receive public testimony and make its decision on the EIR, General Plan Amendment, Development Code Amendment and Zone Change. Should the City Council approve those actions the HCD will be provided with those decisions and final actions for review of consistency with the Certified Housing Element and will move forward with its next Housing Element update for the next planning period. The Planning Commission requested in its resolution that staff again attempt to get HCD approval of the Kmart site and to more generally look at other opportunities to rezone to relieve Site A as the process moves forward with HCD. In the meantime, if the zone change is adopted the City will be in compliance with the Housing Element and avoid the rollover penalty. C/Herrera asked why a portion of Site A was overlaid onto Diamond Ranch High School's parking lot. SEPTEMBER 3, 2013 PAGE 9 CITY COUNCIL CDD/Gubman pointed out the parcel boundary for Site A and Site B and reported that staff learned through this process that the school parking lot encroaches into the City's property. C/Tye asked "so what" if a perspective site is already developed. If the City had redevelopment available and could come to an agreement with the Kmart property owners and tenants, the City could redevelop the property with different zoning that included more housing. He did not understand HCD telling the City what it could and could not do. When he learned that the potential use of land control is an option, he believed the City had already lost control by having them tell the City where it can and cannot rezone for affordable housing. CDD/Gubman said he agreed with C/Tye and would not be surprised if there were examples elsewhere in the State where identifying a developed site was perfectly okay with HCD, which is part of staff's frustration in going through this effort. Should the City have a willing developer that comes forth with a development plan for the Kmart site that includes high density housing the City would have a very compelling argument to ask HCD for the City to be able to amend the Housing Element to accept those housing units that would be contained within the Kmart site. M/Tanaka opened the Public Hearing at 7:47 p.m. Brian McGurty, 24419 Top Court, said he represented himself and 200 homeowners on the west side of this project for which they have filed a petition with the City. He and his neighbors support Site A because it would cost less to develop, would result in less environmental damage and is immediately adjacent to Chino Hills Parkway while Site B is almost a mile away. It would be more costly to develop Site B and there would be more grading, more pavement, and longer conveyances for utilities. Since major portions of Site A would have to be graded to provide access to Site B, by selecting Site B it would require development of both sites. Site A could be developed immediately adjacent to Chino Hills Parkway with no loss of riparian habitat or oak woodlands; whereas, Site B has a very high feature riparian strip which would mean a major loss of rare and scarce habitat and oak woodland. Diamond Ranch High School was located where it resides today in order to avoid the riparian strip and oak woodland. With Site A there would be no view obstruction from pre-existing homes whereas, there are homes on Gold Point Place, Lisa Court, Top Court, Armitos Place and Rockbury with Site B. Site B is too close to the freeway and would suffer from noise and poor air quality. While in support of Site A as recommended by the Planning Commission and staff, there are SEPTEMBER 3, 2013 PAGE 10 CITY COUNCIL concerns with both sites. The location does not appear to be consistent with the goals for placement of affordable housing. The sites are rather isolated and there are no Diamond Bar services immediately accessible; therefore would be a challenge to integrate this site into the community. Either site would result in services being provided by the City of Pomona. Government Code states that land suitable for development requires 1) vacant residentially zoned sites; 2) vacant non -residentially zoned sites that allow residential development; 3) to use under-utilized residentially zoned sites capable of being developed at a higher density; and, 4) take a non -residentially zoned site and rezone it for residential use. It appeared to him that C/Tye was correct in stating that this proposal was considered in reverse order. Government Code also encourages any development such as this type of development to avoid agricultural areas. All of the Tres Hermanos property under consideration is zoned agricultural and is bordered by agricultural property on more than two sides. Diamond Bar has an opportunity to maximize this project which is a challenge. Staff has worked very hard with limited options. He challenged the City Council to make this project a cost-effective community asset, minimize the footprint and disruption and make it so that it actually integrates into the Diamond Bar community, which neither Site A nor Site B does since there is no Diamond Bar infrastructure nearby. Perhaps the placeholder option as stated by CDD/Gubman will work and asked the Council to make a commitment to pursue that option. Denton Mosier, Chair, City of Pomona Planning Commission, said he was present to speak as a private citizen and resident of Phillips Ranch. He does not believe an approval would be fair to the residents of Phillips Ranch and Pomona. This proposal places the project as close to Pomona as possible and as the previous speaker stated the City of Pomona would have to provide all of the services. He is opposed to both Site A and Site B. He pointed out where he believed the EIR was incomplete. Arturo Jimenez, Pomona, opposed the project based on social justice issues. He felt the City would be subject to lawsuits for segregationist policies if it moved forward with this project. Silvia Merrill, Rainbow Place, opposed the project based on comments made by the first two speakers. She believed this would be the beginning to more expansion and would lead to loss of precious open spaces valued by residents of Diamond Bar. She voted for Diamond Bar Incorporation because she recognized that the planning for the City was not proactively dealing with the rapid growth that was occurring in the area. She understands that staff has to deal with the SEPTEMBER 3, 2013 PAGE 11 CITY COUNCIL planning fiasco that started prior to incorporation and believed that was a reason for the City to work more diligently to avoid the current situation. She asked the City Council Members and staff to ensure that eight years from now the City will not lose and have to again talk about rezoning precious open space areas. Residents want more open space and more parks. The City has underutilized areas and residents totally support the rehabilitation of Kmart and other areas to spread the State's requirements. This is not a process that the State is mandating without input from the cities. Cities including Diamond Bar are part of SCAG activity and planning. As politicians, Council Members are expected to work these activities for the good of cities and residents. Diamond Bar residents receive the Diamond Bar News and encouraged the City to use the publication to educate all residents and not just those within a thousand foot radius so that the residents have a better understanding of what the State requirements are so that Council Members and staff can receive more support and input from residents who can help in the planning activities. Debra Martin, Council Member, Pomona, speaking as a resident, said she opposed the project because high density living contributes to crime and increased response time by firefighters and police due to cutback in stations and personnel. Ginna Escobar, 68 Sundance Drive, Pomona, Vice Mayor of Pomona, said she was present to speak as a private citizen. The safety and sense of her community is being compromised in a negative way by this project. She took exception to the City's notification process, the faulty EIR and the City's consultant who she believes needed to conduct a more thorough analysis of the impacts of low income housing and the dangers it impresses on a community as well as, the negative impact to safety services and the permanent negative impacts to residents. The majority of Pomona residents with whom she has spoken to regarding this matter were shocked and concerned that they are not privy to this information. Residents are disappointed and no longer trust their representatives and refuse to believe their voices can be heard. Diamond Bar City Council Members are wonderful individuals who were elected for poise, leadership and ability to connect and empathize with the community. She asked Council Members to reconsider the location for this project and make sure the reports are thorough and all questions are answered so that they can make an informed decision. Stacey Stecker, 10 Ridgewood Court, said she believed this proposal was socioeconomic segregation. She spoke with a district representative at HCD to ask if this project was possible for Diamond Bar to do given how closely it borders Pomona and all of the financial impact it would bring to Pomona. He said it was not something he SEPTEMBER 3, 2013 PAGE 12 CITY COUNCIL could immediately comment on but did encourage members of the neighbors in Phillips Ranch, Pomona and Tres Hermanos to contact HCD because it could result in a potential legal situation. She spoke with SCAG and received confirmation as well. No one would go on record but this is what she found as a concerned individual. Bob Kalockee, Phillips Ranch, said that Diamond Bar is confronted with major decisions about its future. He asked if the City could request a six month extension for the City to meet its compliance for rezoning. Lew Herndon, 40 year Diamond Bar resident, said it sounded to him like the City needed to make a decision unless an extension could be arranged. He empathizes with all of the speakers but as a resident of Diamond Bar he did not want to take a chance that the City would have to find accommodations for 900 residents instead of 400 residents. He believes the Council Members should move forward. Staff has put in a lot of time and money into this study and he does not want the City to be non-compliant. Larry Taylor, Phillips Ranch, said he echoed the sentiments of previous speakers regarding the impact to Phillips Ranch and Pomona that many additional residents would have on the schools, crime, and home values. He asked the City Council to look at another location that would be amenable to both Diamond Bar and Pomona. Tye Wallace, Phillips Ranch, said he grew up in Diamond Bar and was concerned about what he felt was a Pomona project because Diamond Bar is far removed from this 30 -acre parcel. It does not make any sense that Diamond Bar would be able to provide services to that property because in his opinion, they would have to go to Pomona or Chino Hills for services. This kind of development would be detrimental to Pomona and it will not benefit Diamond Bar in any way. There is no easy way to get fire and police to that remote area. Roberta Perlman, 3 Navajo Trail Lane, Pomona, said she does not represent the School Board with her comments. PUSD educates children. This is a very, very large project. Adding another 1000 cars to Chino Hills Parkway would be problematic. There have always been concerns about the emergency access to Diamond Ranch High School and adding that many residences is very frightening. Pomona struggles financially and to provide extra fire and police protection would create a financial burden which impacts all of the schools. She holds the Diamond Bar City Council Members in high esteem but does not feel that the communication was what it should have been with respect to this project. She asked the Council to request an extension, look for another location and keep everyone informed. SEPTEMBER 3, 2013 PAGE 13 CITY COUNCIL With no further testimony being offered, M/Tanaka closed the Public Hearing at 8:30 p.m. C/Herrera asked if the HCD would give Diamond Bar an extension. ACM/Doyle responded that specific dates are within state law and does not believe extensions are available. CDD/Gubman stated that there are no options for an extension. Whatever the City does not rezone as part of the 490 units by the deadline would roll over into the next planning period. If the City does not conclude the rezoning by October 15 the 490 unit number is rolled over and there is no extension. C/Herrera stated that this is merely a zoning issue before the City Council today and not an actual project. ACM/Doyle stated that C/Herrera was correct. C/Herrera said that some of the speakers spoke to fire and police protection and the burden it would place on Pomona. ACM/Doyle said he appreciated the opportunity to speak on that matter because it was a recurring theme that services would not be provided by the City of Diamond Bar. He reassured the City Council and the community that the City of Diamond Bar services all of its residents no matter where they live in the jurisdiction. With respect to emergency access at Diamond Ranch High School, the Los Angeles County Sheriff's Department, under contract with the City of Diamond Bar, provides law enforcement services at Diamond Ranch High School so the City is already providing service in that area. In extreme situations there is something termed "mutual aid" which means that under extreme circumstances other agencies would come into another jurisdiction to provide services when there is an extraordinary event such as the Yosemite fire, which has firefighters from Los Angeles County under "mutual aid" distribution. While it is true that in an extreme circumstance, a mutual aid call may go out and other jurisdictions may come in and provide services in Diamond Bar; that is not the day to day operation. Day to day, the LA County Fire Department and Sheriff's Department provide services for ALL Diamond Bar residents. C/Herrera said that it was mentioned that there had been inadequate notification and asked for clarification as to the law that the City is required to notify within 500 feet? SEPTEMBER 3, 2013 PAGE 14 CITY COUNCIL ACM/Doyle stated that this is a constant issue for local government whether it is a project specific or about any _information_ staff is providing the City Council. The City of Diamond Bar will do everything in its power to notify as many people as possible. In many cases, Diamond Bar exceeds state law and in most cases, the information is available on the City's website and other locations as well. Diamond Bar is constantly outreaching to the community to get information to all concerned parties. CDD/Gubman stated that the law requires notification to property owners within a 300 foot radius of the subject property and publication in a newspaper of wide distribution. The City has sent out mail notification to property owners within a thousand foot radius, published advertisements in both The Tribune and Daily Bulletin, and posted the property with a 4x6 foot public hearing notice boards at two locations along Chino Hills Parkway for this project. C/Herrera asked if the City of Pomona and PUSD were notified. CDD/Gubman responded that both were notified. All adjacent jurisdictions were notified which included Pomona and Chino Hills. Because this site is located adjacent to a PUSD asset, staff, as a matter of due course notified the school district as well. ACM/Doyle stated that over a year ago Diamond Bar received a letter from the Office of the Mayor of the City of Pomona about this specific project. Certainly notification was known at that time. Staff then responded with a letter thanking them for their comments and their interest in the project and suggested a sit-down with respective staff's to clarify any issues or concerns they might have. That letter was drafted July 25, 2012 and was received by Diamond Bar which then responded on August 15, 2012. C/Chang said she keeps hearing folks imply that segregation is a motive for this project. She was looking at the photos and noticed that Diamond Ranch High School is on the property next to Site A and Site B. She asked if segregation was an issue raised when Diamond Ranch High School was first being considered. She is offended by that type of insinuation because Diamond Ranch High School serves the northern part of Diamond Bar and her understanding was that the City really needed that school. At no time did she recall there being any consideration of segregation brought up about Diamond Ranch High School. Site A and Site B is part of Diamond Bar. SEPTEMBER 3, 2013 PAGE 15 CITY COUNCIL ACM/Doyle said he was not with the City when Diamond Ranch High School was first being considered and that he arrived just as it was opening. Certainly in Diamond Bar there is no discrimination or segregation and believes it is a non -issue for this community. C/Tye reminded a speaker that designated land is not open space. The land belongs to somebody. In this case the land belongs to the City of Industry. ACM/Doyle said that C/Tye was correct that the land was passed to the City of Industry's Successor Agency after redevelopment was eliminated. C/Tye said it is not like the City is trying to rezone Open Space. He asked if Consultant Douglas had ever heard the term "socioeconomic segregation" used by HCD, SCAG or any other entity. Mr. Douglas said that he had not. In fact, the RHNA process (fair share housing needs) process is based on different economic segments that are present in every community. State law and the RHNA process requires that every city plan for the full range of economic segments within its boundaries. C/Tye agreed with C/Chang and found it offensive to hear lawsuits threatened, to hear socioeconomic segregation when this project has nothing to do with either. He is offended to hear that crime will be a result of the impact of this project. He recommended that speakers follow the Diamond Bar plan because this community is enjoying decade low crime levels. The results of crime are the result of what is put in place at the State level which is the early release of criminals. What he finds even more offensive is the State telling cities what they will or will not do. He is a proponent of "let them sue us". At some point people have to say they do not accept this. Given the punitive nature of the State, as CDD/Gubman stated, Site A could be considered a placeholder while the City looks for other opportunities. Within months of being elected to the City Council he attended a "goals" workshop and at that time he said he would love to see from the SR -60 south to Golden Springs Drive and Diamond Bar Boulevard west, flatten the area and build something that would be cohesive. Even though there are a lot of problems with that plan it does not mean it can't happen. If the City ever had that opportunity it does mean affordable housing could be included. And what is affordable? Right now, he could not afford the house he lives in. Overall, that is more offensive than anything that has been said tonight. SEPTEMBER 3, 2013 PAGE 16 CITY COUNCIL ACM/Doyle said that before the ink is dry staff will be undertaking the same process and the City will take another run at HCD for the Kmart property and any other property that seems appropriate as the process moves forward. Staff is just as frustrated as the Council and audience members are with HCD. Staff had what they thought was a legitimate location and actually have a major property owner who is interested in redeveloping that property. HCD, in somewhat of an arbitrary and capricious nature basically said "No" and while staff shares the comments, staff believes it is in the City's best interest and its residents to approve this item tonight to eliminate the risk of doubling the RHNA number and the risk of potential litigation efforts if the State or HCD was to attempt to take away the City's land use authority. Other cities have had that happen and at that point, Diamond Bar would have no decision making power over land use decisions. For those reasons, staff believes it is appropriate for Council to take the action understanding that the City is about ready to undergo this process again and staff will be looking at ALL potential locations. C/Chang asked staff to confirm that upon approval and certification, the City can go back and ask HCD to consider Kmart for the next cycle. ACM/Doyle said absolutely and acknowledged CDD/Gubman's affirmation and said that staff would begin that process shortly. C/Chang said she agreed with C/Tye that the City should consider approving what is before the Council tonight and ask staff to pursue other options for the next cycle. M/Tanaka thanked everyone for attending tonight's meeting, speaking and providing their opinions. This evening there is no development being proposed. Staff and Council are interested in exploring other sites but with the looming deadline the Council will have to make a decision this evening. Diamond Bar always strives to be a good neighbor. MPT/Everett thanked staff for the thoughtful and clear presentation and thanked the people who spoke and helped him sift through the presentation. He is in favor of staff's recommendations, along with the recommendation that Diamond Bar continue to pursue other options. SEPTEMBER 3, 2013 PAGE 17 CITY COUNCIL (a) ADOPT NO. 2013-28: A RESOLUTION OF THE CITY COUNCIL OF THE CITY_ OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2012061066), APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS OF FACT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT, AFFECTING AN AREA COMPRISED OF APPROXIMATELY 30 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF CHINO HILLS PARKWAY, SOUTH OF ITS INTERSECTION WITH DIAMOND RANCH ROAD/SCENIC RIDGE DRIVE, AND SOUTH OF THE SR -60 FREEWAY AND DIAMOND RANCH HIGH SCHOOL (ASSESSOR'S PARCEL NUMBER 8701- 022-273). C/Herrera moved, MPT/Everett seconded, to Adopt Resolution No. 2013-28: A resolution of the City Council of the City of Diamond Bar, California, Certifying the Final Environmental Impact Report (SCH No. 2012061066), Approving the Mitigation Monitoring and Reporting Program and Adopting Findings of Fact for the Affordable Housing Land Use and Zoning Designation Project, Affecting an Area Comprised of Approximately 30 acres Generally Located Along the West Side of Chino Hills Parkway South of its Intersection with Diamond Ranch Road/Scenic Ridge Drive, and South of the SR -60 Freeway and Diamond Ranch High School (Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (b) ADOPT RESOLUTION NO, 2013-29: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING A GENERAL PLAN AMENDMENT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701- 022-273). C/Herrera moved, C/Chang seconded, to Adopt Resolution No. 2013- 29: A Resolution of the City Council of the City of Diamond Bar, California, Adopting a General Plan Amendment for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South SEPTEMBER 3, 2013 PAGE 18 CITY COUNCIL of Diamond Ranch High School, Diamond Bar, California (easterly portion of Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (c) FIRST READING BY TITLE ONLY AND WAIVE FULL READING OF ORDINANCE NO. 07(2013): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013- 227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). MPT/Everett moved, C/Herrera seconded, First Reading by Title Only, and Waive Full Reading of Ordinance No. 07(2013): An Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly portion of Assessor's Parcel Number 8701-022-273). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (d) ADOPT URGENCY ORDINANCE NO. 06(2013): AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013-227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSOR'S PARCEL NUMBER 8701-022-273). C/Herrera moved, C/Chang seconded, to Adopt Urgency Ordinance No. 06(2013): An Urgency Ordinance of the City Council of the City of SEPTEMBER 3, 2013 PAGE 19 CITY COUNCIL Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) on Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (easterly portion of Assessor's Parcel Number 8701-022-273. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT ORDINANCE NO. 03(A) (2013): IDENTIFYING THE LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF DIAMOND BAR AMENDING ORDINANCE NO. 03 (2013). ACM/Doyle reported that this is a second reading of Ordinance No. 03A (2013): Identifying the location of regular meetings of the City Council of the City of Diamond Bar Amending Ordinance No. 03(2013). This item is brought to the Council due to the construction and remodeling at the SCAQMD facility that has required Diamond Bar to hold its Council Meetings in the Windmill Room at City Hall. Staff was recently notified that construction is anticipated to continue for the next couple of months and staff is requesting that the Council continue to allow the meetings to take place in this facility in order to continue the public notice process. C/Herrera moved, C/Chang seconded, to Adopt Ordinance No. 03(A) (2013): Identifying the Regular Meetings of the City Council of Diamond Bar amending Ordinance No. 03(2013). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reminded everyone they could follow her on Facebook, Twitter, Pinterest and Foursquare. She thanked the Diamond Bar Community Foundation for sponsoring the last Concerts in the Park this summer and that the Foundation members are unpaid volunteers who work very hard on behalf of this community. She also thanked Jody Roberto, former Chair of the Foundation. SEPTEMBER 3, 2013 PAGE 20 CITY COUNCIL C/Tye hoped everyone would join the City Council on Thursday at the Diamond Bar Day at the Fair which is always a lot of fun. He missed the last Concerts in the Park on August 21 due to his attendance at the Contract Cities Board of Directors meeting at the LA County Arboretum sponsored by the Sheriff's Department. Sheriff Baca shared information about crime rates and how he will handle the "Early Release Program". On September 2nd he celebrated with the volunteers at the Sunshine Seniors who honored the folks who make the group possible including Sushma Kashyap, Jack Shah and their team. The group is growing by leaps and bounds and the team does a wonderful job. Ken Bayless retired his position as delegate to the Greater Los Angeles Vector Control District. The Executive Board will begin the process of replacing Ken who has done a spectacular job during the past six years. Ken retires after 40 years serving the public in safety and public health. Ken will serve through the end of 2013. C/Tye asked that tonight's meeting be adjourned in memory of Betty Phillips, long time Diamond Bar resident of 50 years. C/Herrera said she attended a lot of meetings during the past couple of weeks. She congratulated the Sunshine Seniors for a very profitable and popular event yesterday. Over 500 people attended. The group announced that it has over 1000 members. There are a lot of very dedicated volunteers. Jack Shah was recognized for being a stellar Volunteer of the Year. He is always there to help everybody. Kudos to President Sushma Kashyap for a great event. MPT/Everett attended the last Concerts in the Park event sponsored by the Diamond Bar Community Foundation. The next day he attended the WVUSD C. J. Morris Elementary School reopening. Principal Donna Hunter is an active leader in the Walnut Valley. Thanks to taxpayers who made that and other school projects possible. He and CM/DeStefano attended the League of Cities LA Division Third Annual Economic Development Conference, which was a phenomenal event. There were 15 speakers at the Conference and attendees took the LA Harbor tour. Kish Rajan, Director of the Governor's Office of Business and Economic Development spoke. It will be a challenge to the leaders and their constituents to help get the redevelopment engine fired up. Last Friday he received eight applications for the planning commission seat vacated by Steve Nelson. He plans to present his recommendation to Council at the next meeting. Last night he joined his colleagues for the Sunshine Seniors Association Donor Appreciation Party. It was a delight to see friends and neighbors having a great time and focus on healthy living. President Sashma Kayshup did a tremendous job of communicating and keeping the program moving forward. The group got SEPTEMBER 3, 2013 PAGE 21 CITY COUNCIL its start 15 years ago thanks to Jack Shah and Mangal Gulshan who fostered the program. Five hundred of the 1000 members were present last night. M/Tanaka thanked the Diamond Bar Community Foundation for sponsoring the last Concert in the Park and Movies under the Stars. He thanked CSD/Rose and CSC/Tarazon for a wonderful concert season and LA County Sheriff's Department for being present for every event. That Sunday he attended a fundraiser for Diamond Ranch High School's music program. The car and motorcycle show was also attended by C/Tye. The following Tuesday was the DB4-Youth In Action meeting during which members discussed the Diamond Bar Day at the Fair, the Fall Fun Festival, a theme for the next 6th 7th and 8th Grade Dance as well as, the Diamond Bar Community Foundation Gala scheduled for November 15. He attended a Los Angeles County Sanitation District 21 meeting for regular business and discussion about the closure of the Puente Hills land fill which is scheduled for October 2013. This Thursday is Diamond Bar Day at the Fair. There will be a community reception, a Diamond Bar Parade, and a Hero's Ceremony. Congratulations to Bea McMillan, Tony Torng and Atharshna Singarajah for being selected as Diamond Bar Hero's. There will also be evening entertainment by the Hula Studio. Lastly, this Friday is the dedication for Diamond Ranch High School's football field at 6:30 p.m. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 9:06 p.m. in memory of Betty Phillips, long time Diamond Bar resident. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2013. JACK TANAKA, MAYOR CITY COUNCIL Agenda 9 6 . 2 Meeting Date: September 17th, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man4- TITLE: Ratification of Check Register dateq August 15, 2013 through September 11, 2013 totaling $ 1,249,417.88 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,249,417.88 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 August 15, 2013 through September 11, 2013 for $ 1,249,417.88 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: ii� 1—!1DI Finance Director U Attachments: Affidavit and Check Register — 08/15/13 through 09/11/13. 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 August 15, 2013 through September 11, 2013 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $1,014,327.55 Prop A - Transit Fund $19,869.88 Prop C - Transit Tax Fund $11,657.36 Integrated Waste Mgt Fund $18,905.34 AB2766 - Air Qlty Mgt Fund $15,000.00 Comm Dev Block Grand Fund $7,827.22 LLAD 38 Fund $29,542.22 LLAD 39 Fund $22,238.27 LLAD 41 Fund $10,960.20 Capital Imp Projects Fund $12,305.00 Computer Eq Repl Fund $86,784.84 $1,249,417.88 Signed: Dianna Honeywell Finance Director c o 0 o 0 E E yN U £R N L U m o o o m m o o m m o N o a a o m m o coo coo o v a o N m m v v O N N O O O O O O O N N O O O O N O N N O N N 0 0 0 0 0 0 0 o o C V N Nm N fD O O I� CO N YJ V N N N N r r V N N W O O M N h LO O O E Q ik N N O N N O N N O O N O N N O N N O O N N O N N O N N O N N O N N O d 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OO OOOOO O O O O O C w 0 n rn rn rn N N m m m M M N N w o � m M � r o � � o rn rn ro ro�� � .- O •- •- O N N M M N co o M M M M M M V M M M M M n M M O@ M [h M ci n n �j th r'J n n r r M O O N N O N N O N N O N N O N N N O N N O N N N — U N K N LL' N K K N K Z z N LL' K K N K K N LL' K Z Z @ I a a w a LL a a a z a a Z W w� a a a a s d d z w w z z w w a s @ a a a m w a a a w w m co 0 W W C) W W C) W W N w W N W W N w W W N w w 0 w w N W W W W M W w W W U W W U W w U w W U W W U W W W U W w U W W U w w U w W U W W LL LL LL w i LL LL i LL LL w LL LL w> LL LL LL LL U) LL LL i LL LL LL LL w (n w N N N M w w N N w N M N N w W Z Z W Z Z W Z Z� Z Z W z Z Z W Z Z Z w Z Z w Z Z LL Z Z W Z Z W Z Z O�E 2E O �E O 2 2 O ni 2 O 2 2 O�i 2 0 2 2 0 2 2 0 2 2 0 2 2 0: a a a °Q a a a m °¢ m a ¢ ¢ a ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢ U U U U U U U U U U U U o z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w E z z z z z z. z Z Z Z Z Z Z z z z z z z Z Z Z Z Z Z Z Z z z Z Z z z z Z z z z z Z Z z z z z z z z z Z Z Z Z Z Z z z z z z z z z z z z Z z Z o w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z z > J J F J J J J h J F J F J F J J F J F J F J J J J J F J F J F J F J F J F J F J F J F J F J F J E J J J J E- J to N N z N N N N M M N N N N to to to U N to N N N N N N M N U N z Z Z Z Z z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z z Z Z Z Z Z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U UU U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U W w w w w w W w W W W w w w w w w W w w w W w W W W W W W W w w w w Z Z Z Z Z 2 Z Z Z Z Z Z Z Z Z Z 2 2 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Q Q Q Q §55555 Q Q Q Q Q Q 5555555§5 Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q d E N p N Z rn Y U � O N S U M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N U u2 N N N N N u2 N N N N Y2 Y2 i2 2 N Y2 N t@ N N L W \N M M M M W W W M M M M M M M W W W W W M M \M M M M U 0 00 0 a o o 0 m Lo 0 N O O N N N O O O O N O O O O O O O E r O O K w w N M N Y N V V U N V3 N (f3 S U N M m m uNi m o m M m 0 coo 0 y 0 0 m o O o of 0 0 0 0 o O o M w m o v a o 0 N O 0 0 0 0 0 0 0 ui C (O O O N N t(l V N p N r N O O O � O O O O O O O O M M M M M M Q M M M M M N N N ik N N O N (V O N N M M M M M M N N N U O M O M N V O M O M N V O M O M Q N N M N N M N N d O O O O N O of O r r r r r r r r m ❑ rn r 0 0 0 0 0 0 0 00000000 0 0 0 0 V "6 0 0 0 0 0 0 0 0 O 0 O 0 O O O O O O of LL M O 0 0 9 I I- v m r v o o� W M C; M M c ,-0000 a 0 O O N N O N N O N a N a a N w w N a N a a a a a a m a C 0 co U)N 0 w N 0 M 0 0== w w 0 w W O W ~ U U U w F i lwl LwL % C N O V O J0 O N O O N D O o] O OJ E (D r N r [O r m m Q rn rn m W rn m � N V OJ y. 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FINANCIAL SUMMARY: The costs associated with the review of this project have been borne by the City. BACKGROUND: On September 3, 2013, the City Council conducted a public hearing and approved for first reading Ordinance No. 07(2013) approving: (1) a Development Code Amendment to create a new citywide zoning designation of RH-30 to allow, by -right, residential development at a density of 30 dwelling units per acre on properties carrying this designation, and concurrently establish an Overlay that would limit development to 490 housing units and establish development regulations for a new RH-30 zoning designation; and (2) Zone Change to change the zoning designation of the easterly 30 gross acres (approximately 17.3 net acres) of undeveloped land generally located along the west side of Chino Hills Parkway/Philips Ranch Road, approximately 225 feet south of Diamond Ranch Road and Scenic Ridge Drive (also described as Los Angeles County Assessor's Parcel No. 8701-022-273) from Agricultural (AG) to RH-30 in order to implement policies and programs contained in the City's certified 2008-2014 Housing Element. The Council approved the first reading by 5-0 vote. Prepared by: Grace S. Senior Planner Reviewed by: David Doyle Assistant City Manager Attachments: Reviewed by: b, � I Greg Gubman, AICP Community Development Director 1. CC Staff Report Dated September 3, 2013 2. Ordinance No. 07(2013) DCA and ZC PL No. 2013-227 SECOND READING Page 2 Attachment 1 Meeting Date: September 3, 2013 CITY COUNCILAGENDA REPORT �rokPOR+�� Zy$g TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man4kT TITLE: Affordable Housing Land Use d Zoning Designation Project (Planning Case No. PL2013-227) LEAD AGENCY: City of Diamond Bar, Community Development Department PROJECT LOCATION: This Project includes components that apply Citywide, and other components that are site specific. The proposed General Plan and Development Code text amendments are non -site specific; whereas the proposed amendments to the General Plan Land Use Map and Official Zoning Map apply to undeveloped land generally located along the west side of Chino Hills Parkway/Philips Ranch Road, just south of Diamond Ranch Road and Scenic Ridge Drive, and adjacent to Diamond Ranch High School, in the northeast portion of the City (Los Angeles County Assessor's Parcel Number 8701-022-273) RECOMMENDATION: 1. Adopt Resolution No. 2013 -XX certifying the Final Environmental Impact Report and approving the Mitigation Monitoring and Reporting Program; 2. Adopt Resolution No. 2013 -XX approving a General Plan Amendment to establish a new High Density Residential -30 (RH-30) land use designation and change the current land use designation for Site A from Planning Area 1/Specific Plan (PA 1/SP) to Planning Area 52High Density Residential -30 (PA-5/RH-30); 3. Approve for First Reading by title only, waive full reading of Ordinance No. XX(2013): An Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) On Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly Portion of Assessor's Parcel Number 8701-022); and 951822.1 4. Approve for First Reading by title only, waive full reading of Urgency Ordinance No. XX(2013)U: An Urgency Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) On Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly Portion of Assessor's Parcel Number 8701-022). 11111 illriF_\�'ii Every city in California is required to adopt a General Plan, which includes a Housing Element. Among other things, the Housing Element must identify adequate sites with appropriate zoning to accommodate new housing development commensurate with the City's assigned share of the region's housing need for all economic segments of the community. A primary purpose of this state law requirement is to provide incentives to development that will increase the availability of affordable housing as defined in state law. Pursuant to its authority under state law, the Southern California Association of Governments (SCAG) prepared a Regional Housing Needs Assessment (RHNA), which determined that the City's share of regional housing needs for the 2008-2014 period is as follows: Table 1 Income Very Above Category Low Low Moderate Moderate Total Housing units 286 180 189 443 1,098 Source: SCAG 2007 The City's adopted and certified 2008-2014 Housing Element commits the City to establishing a new zoning designation that would permit residential development at a density of 30 dwelling units per acre (hereafter, the "Project"), and to rezone sufficient acreage to this new designation in order to accommodate the development of 466 lower- income housing units.' In addition, the zoning must permit the affordable housing units to be developed by right, meaning not subject to further discretionary City approvals, including additional environmental analysis. The City is required to complete this rezoning by the end of this planning period, which concludes on October 15, 2013, or face significant penalties that are further explained below. ' "Lower income' refers to households with incomes that are less than or equal to 80% of the Area Median Income (AMI), and is the sum of the Very Low and Low income categories in the table above. HCD estimates the 2013 AMI for Los Angeles to be $64,800. 2 951822.1 For the 2014-2021 Housing Element planning period, commencing on October 16th of this year, SCAG has determined Diamond Bar's lower income housing need will be 490 units, as shown in Table 2: 1001 M- A Income Very Above Category Low Low Moderate Moderate Total Housing units 308 182 190 466 1,146 Source: SCAG 2012 State law establishes a density of 30 units/acre as a "proxy" for housing affordability, operating under the assumption that this density is necessary to make affordable housing development financially feasible. The highest density currently allowed under the City's General Plan and Development Code is 20 units/acre. Therefore, the City is required to amend the General Plan and zoning regulations in order to comply with state law and to accommodate its RHNA-assigned fair share of affordable housing. The four recommended actions listed above (hereafter, collectively, the "Approvals"), would amend the General Plan and zoning regulations to allow development of up to 490 housing units at a density of up to 30 units/acre on the portion of the Tres Hermanos property identified as "Site A" in the EIR (see Figure 1 on the following page). The Approvals would satisfy the City's 2008-2014 affordable housing requirement and also the City's housing requirement for the 2014-2021 period. If the Approvals are not adopted prior to October 15, 2013, the City will be out of compliance with state law, and as a penalty, Government Code Section 65584.9 provides that the City will be required to rezone sites to accommodate both the 2008-2014 requirement (466 units, by October 15, 2014) and the 2014-2021 requirement (490 units, by October 15, 2016), for a total of 956 units. In sum, the City would be required to "make available" nearly twice the number of "adequate sites" for affordable housing units. State law provides for additional penalties for failing to timely complete the rezoning, including limiting the City Council's discretion in approving or disapproving affordable housing projects. It is important to note that while the Approvals are necessary to accommodate the City's assigned share of affordable housing, the law does not mandate that the site be developed with affordable housing. Affordable housing typically requires large financial subsidies, and neither the City nor the Property Owner is required to build or subsidize affordable housing. The actual development of affordable housing is driven by the market and ultimately the financial feasibility. The City's obligation is to adopt General Plan and zoning regulations that would "make available adequate sites" for affordable housing to be built. The Project site is owned by the Successor Agency to the Industry Urban Development Agency, and no development plan has been proposed for the site in connection with the Approvals. 3 951822.1 Figure 1 Note: The locations shown as Site A and Site B are approximate based on maps published by the Los Angeles County Assessor. Neither Site A nor Site B is proposed to include any portion of Diamond Ranch Hiqh School property. Prior to any future development, City review and approval of a precise boundary survey and/or subdivision map would be required. Pursuant to the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) has been prepared as part of the Approvals (Attachment 8). The potential environmental impacts that would be expected to occur in connection with any future development of the site are described in the EIR and are summarized in the Analysis section of this report. After holding the public hearing, staff recommends that the City Council adopt the attached resolutions certifying the Final EIR, adopting the MMRP and approving General Plan Land Use Element amendment, and introduce an ordinance to amend the Development Code and Zoning District Map (Planning Case No. PL2013-227). The City Council is being asked to adopt two identical ordinances to amend the Development Code and Zoning District Map, the difference being that one is an urgency ordinance which will become effective upon adoption. Pursuant to Government Code Section 36937, the City Council may, by a four-fifths vote, adopt an urgency ordinance to F1 951822.1 take effect immediately if needed to preserve the public peace, health and safety and if the ordinance contains a declaration of facts constituting the urgency. ANALYSIS: Project Objectives The primary purpose of the Approvals is to identify adequate sites with appropriate land use and zoning designations to accommodate the City's assigned fair share of affordable housing, as specified in the Regional Housing Needs Assessment, as summarized in Table 2, above. The Project objectives are as follows: Prior to October 15, 2013, amend the General Plan land use and zoning designations to allow residential development at a density of 30 units/acre by -right in order to accommodate the City's affordable housing RHNA share in compliance with state law and the City's Housing Element. ® Provide sufficient CEQA analysis for the City Council to select either Site A or Site B as the designated area to construct 490 housing units by -right without further CEQA review, to be consistent with state law and the City's Housing Element. Provide and maintain adequate infrastructure facilities and public services to support development and planned growth. Maintain traffic Level of Service (LOS) standards on streets and intersections, as specified in the City's Circulation Element. ® Preserve natural resources on the Project site and compensate for those natural resources that would be disturbed by the Project. Ensure land use compatibility between the Project and Diamond Ranch High School to the north, and nearby residential neighborhoods; and Facilitate the provision of emergency secondary access for Diamond Ranch High School in coordination with development of the Project. These objectives implement specified policies in the Housing, Public Services and Facilities, Circulation, Visions Statement, Resource Management, and Land Use elements of the General Plan. Rationale for Selecting the Tres Hermanos Site for Rezoning As noted above, state law requires the City to rezone property to accommodate 490 additional housing units at a density of 30 units/acre. During the preparation of the draft 2008-2014 Housing Element, a 20 -acre underutilized commercial site near the intersection of Diamond Bar Boulevard and Golden Springs Drive (Kmart center) was proposed as an appropriate site for satisfying the City's RHNA affordable housing obligations. However, in 951822.1 its review of the draft Housing Element, the California Department of Housing and Community Development (HCD) rejected the Kmart site as unsuitable for affordable housing, notwithstanding evidence provided by the City to support the viability of the property for high-density residential development, including vacant retail space, adjacent multi -family development, proximity to transit and services, and expressed development interest by the property owner. HCD indicated that vacant sites are more conducive to affordable housing development than are sites that require demolition and redevelopment. A finding of Housing Element compliance (referred to as "certification," not to be confused with certification of the EIR) by HCD is an important component of maintaining the legal adequacy of the City's General Plan and zoning regulations. Failure by the City to obtain Housing Element certification can result in litigation, payment of attorney fees for both the City and the opposing party, and judicial intervention in local land use decisions, including suspension of the City's zoning and building permit authority and court -mandated approval of low-income housing developments. This has occurred to cities in the state.2 In recognition of the City's objective of obtaining Housing Element certification and HCD's preference for vacant sites, the draft Housing Element was revised to remove the Kmart site from the list of potential rezoning sites and instead identify a vacant site that would be suitable for higher -density residential use. The only vacant, unencumbered site within the City large enough to accommodate the assigned RHNA share was the Tres Hermanos property. The Project site is located in the portion of Tres Hermanos having the best freeway access, and is also adjacent to existing residential development, a high school, roads, and utilities. All of these characteristics made the site the best available option for rezoning. HCD has accepted the Tres Hermanos site as suitable for accommodating the City's housing need and issued a letter finding the Housing Element to be in compliance with state law based on this location. Surrounding Land Uses and Development Areas to the west of the Project study area located within the City are developed with residential uses (low -medium density). Areas to the south are undeveloped, zoned AG (Agricultural) and designated on the General Plan as Planning Area 1/Specific Plan (PA- 1/SP), as is the Project Study Area. The majority of the Diamond Ranch High School site located to the north of the Project study area is zoned AG (Agricultural), and designated in the City's Land Use Element as School land use. A portion of the high school site is located outside the City. Areas within the City located east of Chino Hills Parkway are undeveloped (with the exception of flood control facilities), zoned AG (Agricultural), and 2 With regard to potential legal risks of failing to adopt zone changes, Mission Viejo provides a recent example that is instructive. In the previous planning period, that city had a RHNA shortfall similar to Diamond Bar, but the City Council was unwilling to adopt the required zone changes. A 3`d party legal aid law firm successfully sued the city and the Superior Court ordered the City Council to adopt the required zone changes within a specified time period. The city's land use permit authority for the rezone sites was also suspended until the city completed the zone changes and brought the Housing Element into compliance. The city's estimated cost in legal fees was $500,000. 0 951822.1 are included within the PA-1/SP land use designation in the Land Use Element of the General Plan. Residential areas along Scenic Hills Drive to the east of the Project site are located within the cities of Pomona and Chino Hills. Existing Site Characteristics The Project study area is currently undeveloped and is utilized for low -intensity grazing. Proposed General Plan and Zoning Amendments The highest allowable residential density currently permitted under the City's General Plan and Development Code is 20 units/acre. State law identifies a density of at least 30 units/acre that is considered necessary to facilitate affordable housing development. Therefore, the proposed amendments would establish a new High Density Residential -30 (RH-30) General Plan land use designation and zoning district, as well as amend the Development Code to establish standards and regulations that would apply to future developments within RH-30. The proposed amendments include an amendment to the Land Use Element map to change the land use designation for the portion of the subject property identified as "Site A" from Planning Area 1/Specific Plan (PA 1/SP) to Planning Area 5/High Density Residential -30 (PA-5/RH-30), and amend the zoning map to change the zoning designation for the portion of the subject property identified as "Site A" from Agricultural (AG) to High Density Residential -30 Dwelling Units per Acre (RH-30), and establish a maximum of 490 housing units for this site. (Note: the previous Planning Commission report for this item incorrectly identified the current General Plan land use designation for the Project site as `Agriculture".) Site A vs. Site B The Housing Element identifies a requirement to rezone property with a net developable area of approximately 16 acres to satisfy the City's RHNA obligation. The Project study area shown in Figure 1 is approximately 78 gross acres in size. Given the topography of the site, it is assumed that a development area of approximately 30 acres is required in order to achieve a net developable area of 16 acres at the state -mandated density of 30 units/acre. Since only a portion of the Project study area is needed to accommodate the City's RHNA obligation, the EIR analysis was structured to identify the portion of the study area that would have the least environmental impact. Preliminary biological surveys indicated that the southwestern portion of the property contained the most valuable ecological habitat, therefore two alternative sites — "Site A" and "Site B" — were established . for analytical purposes. The EIR was structured to provide a comparison of the environmental impacts that would be associated with development of Site A or Site B. The primary advantage of Site A is its closer proximity to Chino Hills Parkway, which would require less grading and land disturbance associated with the construction of an access road and other infrastructure. Shorter distance to arterial highways would also allow for quicker emergency response times and shorter walking distance to transit. 7 etstvm The primary advantage of Site B is its gentler topography compared to Site A. EIR Table 5.1-1 (Slope Analysis of Project Sites) shows that 29% of Site A consists of topography with greater than 40% slopes as compared to 19% for Site B. A disadvantage of Site B is its closer proximity to the SR -60 freeway and associated exposure to air pollutants and noise. Other than these differences, both sites A and B would have similar environmental impacts that are less than significant or can be mitigated below the level of significance through the identified mitigation measures. Based on these differences, staff recommends selection of Site A because of its advantages associated with closer proximity to existing roadways. It should be noted that in recent years, the cities of Industry, Diamond Bar and Chino Hills have discussed the possibility of preparing a large-scale specific plan for the entire Tres Hermanos property, which covers approximately 2,400 acres within both Diamond Bar and Chino Hills. The Approvals would not preclude future adoption of a Tres Hermanos specific plan or relocation of the high density residential designation proposed for Site A to another location on the Tres Hermanos property, or to craft a more inclusionary housing plan. In the event that development of Site A does not take place in the meantime, the rezoning of Site A could provide Diamond Bar with a "placeholder" wherein the City has fulfilled its commitment to set aside sufficient, developable acreage to meet our RHNA obligation through the year 2021, and avoid substantial rollover penalty that would otherwise go into effect on October 16, 2013. ENVIRONMENTAL ASSESSMENT: The EIR provides a detailed analysis of potential environmental impacts associated with development of either Site A or Site B, identifies mitigation measures to lessen those impacts, and analyzes a reasonable range of project alternatives. Opportunities for Public Invoivement Outreach efforts to solicit participation from public agencies and interested persons during the EIR process included the following: Notice of Preparation: The City circulated a Notice of Preparation (NOP) to public agencies, special districts, and members of the public requesting such notice for a 30 -day period commencing June 14, 2012 and ending July 17, 2012. A copy of the NOP along with NOP comments are provided in Appendix A of the EIR. Scoping Meeting: During the NOP review period, the City conducted a public scoping meeting on June 21, 2012 at the Pantera Park Community Room. The meeting was intended to facilitate public input. Approximately 75 persons attended the meeting. The majority of attendees were residents of the Hidden Valley condominium complex at the northeast corner of Scenic Ridge Road and Chino Hills Parkways, located in the City of Pomona. Many residents expressed opposition to the Approvals. Issues raised at this meeting included views, noise, traffic, air pollution, crime, school capacity, soil instability, E 951822.1 wildlife habitat, fire hazard, emergency access, and economic impacts/property values. Many attendees asked that the City consider other sites for rezoning. The EIR analysis of two alternative sites (see EIR Chapter 6) directly responds to this request. Notice of Completion/Availability: A Notice of Completion and Availability of the Draft EIR was filed with the Office of Planning and Research on May 23, 2013. In accordance with CEQA, a 45 -day public review period of the Draft EIR was provided from May 24, 2014 through July 8, 2013. Draft EIR Comments and Responses: Comments received on the Draft EIR are provided in Appendix G of the Final EIR and responses to those comments are provided in Chapter 9 of the Final EIR. The Response to Comments address all comments received during the 45 -day EIR review period, as well as late comments submitted after the close of the comment period. CEQA Guidelines Section 15132(d) requires that the Final EIR include "The responses of the Lead Agency to significant environmental points raised in the review and consultation process." Where appropriate, changes to the EIR have been made in response to comments received. Some EIR comments related to economic or social issues such as property values and crime, which absent a physical change in the environment are not issues within the scope of CEQA. For those comments, the Final EIR notes that while decision -makers may consider economic and social factors in the decision whether to adopt the Approvals, since no evidence was received that such factors would cause a physical change in the environment then those issues are not within the scope of CEQA. Having said the above, no substantial evidence has been submitted and City staff is unaware of any substantial evidence, that the Approvals will result in any increase in crime or decrease property values. Key Areas of Impacts Analyzed The EIR addresses potentially significant environmental effects in the areas of aesthetics; agricultural resources; air quality and greenhouse gas emissions; biological resources; cultural resources; geology, soils and mineral resources; hazards and hazardous materials; hydrology and water quality; land use and planning; noise; population and housing; public services; recreation; transportation and traffic; and utilities and service systems. Where potentially significant adverse impacts were identified, the EIR proposed measures to mitigate them. The mitigation measures are set forth in the Table 2.5-1 (Summary of Impacts and Mitigation Measures) in the Final EIR and in the MMRP included in the EIR certification resolution (Attachment 1). Alternatives to the Proposed Project CEQA requires that EIRs "...shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives". The selection of alternatives and their discussion must "foster informed decision-making and public participation" (CEQA Guidelines §15126.6(a)). 9 951822.1 The primary purpose of the Approvals is to ensure that the City's plans and zoning regulations comply with state housing law by making available adequate sites as described in the City's Housing Element. This requirement established the framework for the selection of alternatives, as described in Chapter 6 of the EIR. Other than the "No Project" alternative, which is required by CEQA, only alternatives that could conceivably accomplish the key objective of maintaining compliance with state housing element law were included in the alternatives analysis. These alternatives are summarized as follows: Alternative 1 ("No Project"): The existing General Plan and zoning designations for the property would continue unchanged, which would allow either the continued agricultural use or residential development of up to six homes on the selected 30 -acre site (one unit per five acres under the current zoning). Alternative 2 ("Multiple Infill Sites"): Under this alternative, amendments to the General Plan and zoning would allow development of 490 multi -family units on multiple infill sites currently zoned for light industrial uses in the northwestern portion of the city. Alternative 3 ("Tres Hermanos-South"): This alternative would include General Plan and zoning amendments to allow development similar to the Proposed Project at a location approximately one mile south of the Project Site. Table 3 COMPARATIVE EVALUATION OF PROJECT ALTERNATIVES issue Alternative 1: No Project 1 Alteinative Infill Sites, Tres Hermagos- South _ Aesthetics + + _ Agriculture and Forestry Resources + + _ Air Quality and Greenhouse Gas Emissions + + _ Biological Resources + + _ Cultural Resources + + _ Geology, Soils, and Mineral Resources + + +- Hazards + +/- _ Hydrology and Water Quality + + _ Land Use and Planning = Noise + _ + Ponulation and Housinq + Recreation + Transportation and Traffic +l- =l- _l - Utilities and Service Systems + Overall +l + _ Would the Alternative Meet Most of the Project Objectives? No No No Legend: - Inferior to the Proposed Project + Superior to the Proposed Project, even though the Project would not cause signfcant effects +I- Characteristics both better and worse than the Proposed Project Similar impact to the Proposed Project 10 951822.1 Selection of Environmentally Superior Alternative: CEQA requires a comparative analysis of the environmental impacts of the alternatives, but at a lesser level of detail than for the Project. Section 6.3 of the EIR presents a comparative description of the environmental impacts that would be expected to occur from the three alternatives. CEQA also requires that the EIR identify the environmentally superior alternative other than the No Project alternative. Table 3 summarizes the relative impacts of the three alternatives compared to the Project. Alternative 2 (Multiple Infill Sites) was considered to be environmentally superior to the Project. Alternative 3 would have similar impacts to the Project. However, none of the three alternatives would meet the key objective of maintaining compliance with state law because the City is required to rezone property acceptable to HCD in order to maintain Housing Element certification. As noted previously, during the preparation of the Housing Element, an underutilized non-residential site was proposed for rezoning to satisfy the City's RHNA housing obligations, but HCD rejected this option. If the City were to select a site other than the Project site for rezoning, HCD may not certify the Housing Element and the City would no longer be considered in compliance with state law. Therefore, only adoption of the Approvals would meet the basic Project objectives. Another purpose of an alternatives analysis is to identify an alternative that would reduce or eliminate significant environmental impacts of the Project. However, the EIR concluded that with the identified mitigation measures the Project would not result in any significant impacts and thus, such an alternatives analysis was unnecessary. Mitigation Monitoring and Reporting Program (MMRP) A MMRP was prepared to identify site-specific conditions for future development that will reduce potential environmental impacts. The purpose of the MMRP is to ensure compliance with the mitigation measures by identifying specific responsibilities for implementation and monitoring. The MMRP is attached as an exhibit to the draft resolution for certification of the Final EIR and approval of the MMRP (Attachment 1). As documented in the Final EIR, mitigation measures have been identified that would reduce all potentially significant impacts associated with the Approvals to less -than - significant levels. PLANNING COMMISSION RECOMMENDATION: On August 13, 2013, the Planning Commission conducted a public hearing to consider the Approvals. At the conclusion of the hearing, the Planning Commission adopted resolutions by unanimous vote recommending City Council certification of the EIR and adoption of the Approvals for Site A. During the hearing approximately 90 persons spoke regarding the project. The majority of speakers expressed appreciation for the high quality of life in Diamond Bar and adjacent areas, as well as concerns regarding the potential impacts of an affordable housing project on property values, crime and schools. Concerns were also expressed regarding traffic, 11 951822.1 aesthetics, biological habitat, geological hazards and related issues. Some speakers questioned whether the City is required to approve zoning for affordable housing and whether all options have been exhausted to avoid this requirement. One speaker presented a petition (Attachment 9), signed by several residents of the neighborhood to the west of the Project site, requesting that the Commission recommend that the City Council rezone Site A. During the Commission's deliberations, it was noted that the City is required to prepare a Housing Element update for the 2013-2021 planning period within the next few months. The Commission discussed the possibility of considering other sites to satisfy the City's affordable housing allocation, particularly the option of infill sites or other sites within Tres Hermanos, as part of the Housing Element update. Staff indicated that alternate sites could be studied, and that if an alternate site (or sites) were accepted by HCD, the RH-30 zoning designation could be transferred to the alternate sites as part of the Housing Element update process. The Planning Commission's action to recommend City Council approval of a zoning amendment for Site A included a recommendation to examine alternate sites as part of the 2013-2021 Housing Element update. The Planning Commission also discussed the issue of development standards in the proposed RH-30 district, and recommended that the height limit be established as 3 - stories and 35 feet, rather than 45 feet. The draft City Council Resolution includes this recommended revision. The City's consultant for the Project has advised that the required 30 unit/acre density could be constructed within this height limit. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed on August 23, 2013 to property owners within a 1,000 - foot radius of the Project site, and to all speakers who have previously attended the scoping meeting or Planning Commission hearing, or submitted comments in writing. The notice was also published in a 1/8 page display in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune newspapers on August 23, 2013. The project site was posted with a notice display board in two locations (Chino Hills Parkway and Rockbury/Deep Springs Drive), and a copy of the public notice was posted at the City's three designated community posting sites. The Final EIR and Response to Comments were also posted on the City's website, and hard copies were made available for review at City Hall and the Diamond Bar Branch of the Los Angeles County Library. RECOMMENDED MOTIONS: 1. Open the public hearing to take public testimony from the public regarding the EIR and all land use entitlements; 2. Close the public hearing; 12 951822.1 3. Adopt Resolution No. 2013 -XX (Attachment 1) certifying the Final Environmental Impact Report (SCH No. 2012061066) and approving the Mitigation Monitoring and Reporting Program; 4. Adopt Resolution No. 2013 -XX (Attachment 2) approving a General Plan Amendment to establish a new High Density Residential -30 (RH-30) land use designation and change the current land use designation on the Land Use Map for the portion of the subject property identified as "Site A" from Planning Area 1/Specific Plan (PA 1/SP) to Planning Area 5/High Density Residential -30 (PA-5/RH-30); 5. Approve for First Reading by title only, waive full reading of Ordinance No. XX(2013) (Attachment 3): An Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) On Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly Portion of Assessor's Parcel Number 8701- 022); and 6. Approve for First Reading by title only, waive full reading of Urgency Ordinance No. XX(2013)U (Attachment 4): An Urgency Ordinance of the City Council of the City of Diamond Bar Approving Amendments to the Development Code and Official Zoning Map for the Affordable Housing Land Use and Zoning Designation Project (Planning Case No. PL2013-227) On Property Located West of Chino Hills Parkway, South of Diamond Ranch High School, Diamond Bar, California (Easterly Portion of Assessor's Parcel Number 8701-022). Prepared by: 4Grac. .� Senior Planner Attachments: Reviewed by: Greg Gubman, AICP Community Development Director 1. Resolution No. 2013 -XX (Certifying the Final EIR and Adopting the Mitigation Monitoring and Reporting Program) 2. Resolution No. 2013 -XX (Approving General Plan Land Use Element Amendment PL2013-227) 3. Ordinance No. XX(2013) (Approving Development Code and Zoning Map Amendment PL2013-227) 4. Urgency Ordinance No. XX(2013)U 5. Planning Commission Staff Report and Minutes Dated August 13, 2013 13 951822.1 6. Planning Commission Resolution No. 2013-17 (Recommending City Council Certification of the Final EIR and Adoption the Mitigation Monitoring and Reporting Program) 7. Planning Commission Resolution No. 2013-18 (Recommending City Council Approval of Amendments to the General Plan Land Use Element, Development Code, and Zoning Map for Site A) 8. Proposed Final EIR 9. Petition Submitted to the Planning Commission on August 13, 2013 iC! 951822.1 Attachment 2 ORDINANCE NO. 07(2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AMENDMENTS TO THE DEVELOPMENT CODE AND OFFICIAL ZONING MAP FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT (PLANNING CASE NO. PL2013- 227) ON PROPERTY LOCATED WEST OF CHINO HILLS PARKWAY, SOUTH OF DIAMOND RANCH HIGH SCHOOL, DIAMOND BAR, CALIFORNIA (EASTERLY PORTION OF ASSESSORS PARCEL NUMBER 8701-022- 273). THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: Section 1. In compliance with the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., an Environmental Impact Report ("EIR") has been prepared for the proposed amendments to the Development Code and Zoning Map. The EIR finds that all potential impacts of the amendments are less than significant, or will be mitigated below the level of significance through the mitigation measures described in the Mitigation Monitoring and Reporting Program ("MMRP") that is included as Exhibit C to this Ordinance. The City Council, in its independent judgment, hereby finds that the EIR and MMRP satisfy the requirements of CEQA for the proposed amendments. Section 2. The City Council finds that the proposed amendments to the Development Code and Zoning Map are consistent with the General Plan. Section 3. The Development Code of the City of Diamond Bar is hereby amended to establish a new High Density Residential -30 (RH-30) zoning designation and development regulations, as described in Exhibit A, attached hereto. Section 4. The Zoning Map of the City of Diamond Bar is hereby amended to change the zoning designation for the property identified as "Site A" in Exhibit B, attached hereto, from Agricultural (AG) to High Density Residential -30 Dwelling Units per Acre (RH-30), and establish a maximum of 490 housing units for this site. Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part hereof. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. -1- 951476.1 Section 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF SEPTEMBER 2013, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. M Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of September, 2013 and was finally passed at a regular meeting of the City Council held on the 17th day of September, 2013, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: ATTEST: Tommye Cribbins City Clerk -2- 951476.1 APPROVED AS TO FORM: David A. DeBerry City Attorney Exhibit A Development Code Text Revisions Sec. 22.06.020, Table 2-1 is amended as follows: Districts High Density Residential -30 Sec. 22.08.020. - Purposes of residential zoning districts, is amended to add as follows: "The purposes of the individual residential zoning districts and the manner in which they are applied are as follows. (7) RH-30 (high density residential -30 dwelling units per acre) district. The RH-30 zoning district is intended for high-density condominium and apartment developments The maximum allowed density for new residential projects within this zoning district will be 30 dwellings per net acre and the minimum density will be 20 dwelling units per net acre. The RH-30 zoning district is consistent with the High Density -30 residential land use category of the General Plan. When the RH-30 designation is applied to property pursuant to Government Code Section 65583.2(h) subsequent review of any complete development application submitted in the same Housing Element planning period shall comply with the requirements of Government Code Sec. 65583.2(i)." Sec. 22.08.030, Table 2-3, is amended to add the RH-30 land use district, with the same permit requirements as applicable in the RH district. Sec. 22.08.040, Table 2-4, is amended to add the RH-30 land use district, as follows: DevelopmentFeature RH-30 Minimum lot area 5 acres Residential density Maximum: 30 dwellings per net site acre Minimum: 20 dwellings per net site acre Setbacks required (same as RH) Lot Coverage 60% Height limit 35 ft. Hillside development (Same as RH) Landscaping (Same as RHY Parking (Same as RH) -3- 951476.1 Exhibit A (continued) Sec. 22.48.020. —Applicability, is amended as follows: (a) Development review. An application for development review is required for commercial, industrial, and institutional development, and residential projects that propose one or more single-family dwelling units (detached or attached) or multiple - family dwelling units and that involve the issuance of a building permit for construction or reconstruction of a structure(s) meeting the following criteria: Sec. 22.22.020. —Applicability, is amended to add as follows: (a) Development Review. Hillside developments shall be subject to Development Review in compliance with chapter 22.48 except that residential developments in the RH-30 district shall be subject to non -discretionary development review if required pursuant to Section 22.08.020(7). Sec. 22.22.050. — Hillside development standards and guidelines, is amended as follows: (b) Exceptions. Exceptions to the standards in this chapter may be approved through the development review process, when the commission determines that the exceptions would not materially affect the intent of the standards and guidelines. In approving a development review, the commission shall make appropriate findings supporting the determination in compliance with the chapter 22.48 (Development Review). Sec. 22.22.070, Table 3-5 Slope Categories is amended as follows: Slope Category Natural Slopel(Percentage) Site Standards` 47 50% and over This is an excessive slope condition and it is anticipated that residential subdivisions will not be developed in these areas. If residential development is pursued in these areas, lot sizes may be considerably larger than the minimum allowed by the underlying zoning district in order to comply with the standards and guidelines of this Chapter. Actual lot size shall be determined through the Development Review process. -4- 951476.1 Exhibit A (continued) Sec. 22.22.080. — Grading, is amended as follows: (a) Landform grading techniques. The following standards define basic grading techniques that are consistent with the intent of this chapter and avoid unnecessary cut and fill. (Figures 3-10 and 3-14). Limitations on project grading amounts and configurations will be decided on a case-by-case basis under the development review process. Sec. 22.22.150. — Evaluation of development review application, is amended as follows: The commission shall evaluate a development review application for hillside development based on the following objectives and the required findings in compliance with chapter 22.48 (Development Review). -5- 951476.1 Exhibit B p Ga, Boundary PH High Density ResldeMial Zoning „-'r PH 30 Pmp,ad High Donso Realdenn.1-K ualtwat. AG. A,haaUrel F RL'. Low Density Resldentlal 1 G1: NeighEorbood Commercial RLM'. Low Medium Density Residential C I Comnranhp Commert 1 .N RIM Mail Other, Residential •� ® G3. Regional Comme¢ial RMH'. Medium High Density Residenfial CO'. Con -Pi Offse RR: Rural Resltlant'lal L Light Industry 3 SP'. Sita lc Pian Overlay OB'. Offin, B s Park SU&PAiPI hong Area i OP' Ofice, Proiessoaal SUE -PAZ. Planning A.2 OS' Own Sphowl Conseaatan LU SU&PA3. Planning Area REC. Recreation = SUET Planning Area4 -6- 951476.1 ti N M N N J E d O �O O a.. 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N q u� co r U 00 U so w c, - o, m `o E @ E O m d m .0 0, m y W T U C 1 R d .y E 0 Q d c O � � a a o m o m -a '-o—s m o-0 30ts ONc > mo "' =o m@ O C aN O U N E m ry LL- N N N r @ i m'=` [� ?i O o c w @ EE o'3 m H c m m o `m m o= `o m m N o E O O c N O N -CO U N O L Z U U O m E EMi p Y m a d o o o E o o d o d nO U'N - Cp Uo 0O 0` Cm@ EO O C > ) N fd- ¢ IF m dun c d aNi -o 3 N0 O 1 O p- V '01 C@ o U � 1O 0 o m 2 9 E m e a> m 15 @ CL O@ m@ iV L� L _Od> N NN .Nc @ h � O H 00 U CITY COUNCIL Agenda # 6.4 Meering Date: September 17 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVE PLANS AND PECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION PROJECT AT GRAND AVENUE AND SUMMITRIDGE DRIVE IN THE AMOUNT OF $28,581.20 TO L.M.T. ENTERPRISES DBA TYNER PAVING COMPANY AND AUTHORIZE A CONTINGENCY AMOUNT OF $7,000.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $35,581.20. RECOMMENDATION: Waive minor irregularity in the bid form, approve the plans and specifications, and award the construction contract. FINANCIAL IMPACT: The current FY 2013/2014 CIP budget includes $81,000 of Prop C Fund for the construction of the median modification project at Grand Avenue and Summitridge Drive. DISCUSSION: The project is located at the intersection of Grand Avenue and Summitridge Drive. The project consists of the reconstruction of a portion of the raised median at the westerly leg of the intersection. The median width will be narrowed which will allow the left turn pocket to shift and the line of sight improve for both westbound and eastbound vehicles making left turn movements from Grand Avenue onto Summitridge Drive. The project was advertised for bids during the month of August 2013. The engineering estimate was $43,000. On August 26, 2013, the City received the following seven (7) bid proposals: Company Base Bid Amount 1. L.M.T. Enterprises DBA Tyner Paving Co. $28,581.20 2. Unique Performance Const. $36,268.00 3. ACE CD Inc. $38,828.94 4. ABNY General Engineering $40,162.00 5. PTM General Engineering $44,284.00 6. Palp, Inc. DBA Excel Paving Co. $45,392.50 7. Aramexx Construction $74,806.00 The lowest responsible bid was received from L.M.T. Enterprises DBA Tyner Paving Company in the amount of $28,581.20. Staff reviewed their bid, and verified their State Contractor's License. Staff received favorable reviews for L.M.T. Enterprises DBA Tyner Paving Company from the City of Walnut and City of Burbank. The project is set to be completed within thirty (30) working days. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete September 17, 2013 Mid October 2013 Mid November 2013 On August 28, 2013, a faxed letter was received from Unique Performance Construction, Inc. (2nd lower bidder) protesting the award of contract to L.M.T. Enterprises DBA Tyner Paving Company due to the following reason: "The Non -Collusion Affidavits for both median projects were not notarized." Accordingly, staff forwarded the protest letter to our City Attorney for review and determination. While Public Contract Code Section 7106 requires that every bid on a Public Works contract attach a "declaration under penalty of perjury" of non -collusion in the form provided, it does not require that it be notarized. There is no state law requirement of the non -collusion declaration to be notarized or affidavits in general. In fact, Section 7106 does not require an affidavit, but rather a declaration. Furthermore, the notarized Affidavit for Corporation Bidder, signed by Mr. Thomas, President of L.M.T. Enterprises DBA Tyner Paving Company, covers the non -collusion language in the Non -Collusion Affidavit to a significant extent. In staff's opinion this is a minor bid irregularity which may be waived by the City Council. Staff's recommendation is to proceed with the award of contract to L.M.T. Enterprises DBA Tyner Paving Company for the construction of the median at Grand Avenue and Summitridge Drive. 2 PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: September 12, 2013 REVIEWED BY: Davi G. Liu, Director of Public Works Attachment: Contract Agreement AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between L.M.T. Enterprises DBA Tyner Paving Company hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR L.M.T. Enterprises DBA Tyner Paving Company. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for MEDIAN MODIFICATION PROJECT AT GRAND AVENUE AND SUMMITRIDGE DRIVE in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary Labor, tools, materials, appliances, and equipment for and do the work for the construction of the MEDIAN MODIFICATION PROJECT AT GRAND AVENUE AND SUMMITRIDGE DRIVE in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 1, 2013 on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated August 26, 2013, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each working day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Laboi Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability -Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability -Property Damage (not auto) $250,000 each person; 500,000 aggregate_ 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile -Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 5 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (3 0) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. 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 them 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 them 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 them wages. Copies of such prevailing rates of per them wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 6 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. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTORIS on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in 7 connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and bold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the 'parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity 0 provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated AuEust 26, 2013. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 676195 L.M.T. Enterprises DBA Tyner Paving Company 3535 Fowler Street Los Angeles, CA 90063 CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR ATTEST: By: TOMMYE CRIBBINS, CITY CLERK CONTRACTOR'S Business Phone (323) 225-8014 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 10 BID FOR CONSTRUCTION OF GRAND AVENUE RAISED MEDIAN MODIFICATION WEST LEG OF INTERSECTION AT SUMMITRIDGE DRIVE Date fTVGj US 12013 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this bid as principals are the following: (If the bidder is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If . a co -partnership, give the name, under which the co- partnership does business, and the names and addresses of all co-partners If an individual, state the name under which the contract is to be drawn.) . (b) That this bid is made without collusion with any person, firm or corporation. . (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this bid, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this bid form was obtained. (e) That he has carefully examined the specifications, both general and detail and the drawings. attached hereto, and communications sent to him as aforesaid, and makes this bid in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. (g) That he proposes to enter into such Contract and to accept in full payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. 0 Accompanying this bid is a certified or cashier's check or bid bond, payable to the order of the City of Diamond Bar in the sum of -T—Wo 4005s ,OJ et! jk i Hunk44 DOLLARS ($ 2- inial -IUA(z cons' Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned, or the bidder will be released from the bid bond. 3F-0wkr Sive f Address of Bidder City Zip Code 10 22,5 —�S014 Telephone of Bidder DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA OFFICIAL NOTICE MEDIAN. MODIFICATION AT GRAND AVENUE AND SUMMITRIDGE DRIVE PROJECT ADDENDUM No. '1 The following changes to the Contract Documents for the above project shall be incorporated into the Contract Documents and Specifications as part of this project. The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the bid. Date Signature CITY COUNCIL Agenda # 6.5 Meeting Date: September 17, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council `t VIA: James DeStefano, City Man g TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE MEDIAN MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND SILVER HAWK DRIVE IN THE AMOUNT OF $35,659.55 TO L.M.T. ENTERPRISES DBA TYNER PAVING COMPANY AND AUTHORIZE A CONTINGENCY AMOUNT OF $6,000.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $41,659.55. RECOMMENDATION: Waive minor irregularity in the bid form, approve the plans and specifications, and award the construction contract. FINANCIAL IMPACT: The current FY 2013/2014 CIP budget includes $42,000 of Prop C Fund for the construction of the median modification project at Diamond Bar Boulevard and Silver Hawk Drive. DISCUSSION: The project is located at the intersection of Diamond Bar Boulevard and Silver Hawk Drive. The project consists of the reconstruction of a portion of the raised median at the southerly leg of the intersection. The median width will be narrowed which will allow the left turn pocket to shift and the line of sight improve for both northbound and southbound vehicles making left turn movements from Diamond Bar Boulevard onto Silver Hawk Drive. The project was advertised for bids during the month of August 2013. The engineering estimate was $36,200. On August 26, 2013, the City received the following seven (7) bid proposals: Company Base Bid Amount 1. L.M.T. Enterprises DBA Tyner Paving Co. $35,659.55 2. Unique Performance Const. $40,199.00 3. ACE CD Inc. $44,778.61 4. PTM General Engineering $48,592.00 5. Palp, Inc. DBA Excel Paving Co. $51,348.00 6. ABNY General Engineering $521-170.00 7. Aramexx Construction $58,760.00 The lowest responsible bid was received from L.M.T. Enterprises DBA Tyner Paving Company in the amount of $35,659.55. Staff reviewed their bid, and verified their State Contractor's License. Staff received favorable reviews for L.M.T. Enterprises DBA Tyner Paving Company from the City of Walnut and City of Burbank. The project is set to be completed within thirty (30) working days. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete September 17, 2013 Mid October 2013 Mid November 2013 On August 28, 2013, a faxed letter was received from Unique Performance Construction, Inc. (2nd lower bidder) protesting the award of contract to L.M.T. Enterprises DBA Tyner Paving Company due to the following reason: "The Non -Collusion Affidavits for both median projects were not notarized." Accordingly, staff forwarded the protest letter to our City Attorney for review and determination. While Public Contract Code Section 7106 requires that every bid on a Public Works contract attach a "declaration under penalty of perjury" of non -collusion in the form provided, it does not require that it be notarized. There is no state law requirement of the non -collusion declaration to be notarized or affidavits in general. In fact, Section 7106 does not require an affidavit, but rather a declaration. Furthermore, the notarized Affidavit for Corporation Bidder, signed by Mr. Thomas, President of L.M.T. Enterprises DBA Tyner Paving Company, covers the non -collusion language in the Non -Collusion Affidavit to a significant extent. In staff's opinion this is a minor bid irregularity which may be waived by the City Council. Staff's recommendation is to proceed with the award of contract to L.M.T. Enterprises DBA Tyner Paving Company for the construction of the median at Diamond Bar Boulevard and Silver Hawk Drive. 2 PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: September 12, 2013 REVIEWED BY: 11.1 Da G. iu, Director of Public Works Attachment: Contract Agreement AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between L.M.T. Enterprises DBA Tyner Paving Company hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR L.M.T. Enterprises DBA TVner Paving Company. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for MEDIAN MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND SILVER HAWK DRIVE in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the construction of the MEDIAN MODIFICATION PROJECT AT DIAMOND BAR BOULEVARD AND SILVER HAWK DRIVE in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated August 1, 2013 on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated AuEust 26, 2013, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT: The CONTRACTOR agrees to complete the work within thirty (30) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each working day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress 4 payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability -Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability -Property Damage (not auto) $250,000 each person; 500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile -Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property ,Damage $250,000 each accident. 5 c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: I) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c. (2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 9, Chapter 1, Articles I and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per them 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 them 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 6 determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them 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. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indenturedapprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTORIS on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or 7 persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. 8 It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated Aueust 26, 2013. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 676195 L.M.T. Enterprises DBA Tyner Paving Company 3535 Fowler Street Los Aneeles, CA 90063 IC CITY OF DIAMOND BAR, CALIFORNIA By: MAYOR ATTEST: By: TOMMYE CRIBBINS, CITY CLERK CONTRACTOR'S Business Phone (323) 225-8014 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date 10 CITY COUNCIL Agenda # g . 1 Meeting Date Sept. 17, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mane ' TITLE: Appointment to the Planning Cormission to fill the Unexpired Term of Steve Nelson. RECOMMENDATION: Appoint. FINANCIAL SUMMARY: No Fiscal Impact. BACKGROUND: Planning Commissioner Steve Nelson resigned his position on the Planning Commission effective the end of August, 2013. Upon his resignation City Staff posted a vacancy notice and during the August 6, 2013 Mayor Pro Tem Everett announced the vacancy. Since Mr. Nelson was Mayor Pro Tem Everett's representative on the Planning Commission, he interviewed potential candidates to fill the vacancy and will recommend appointment during the September 17th Council meeting to fill the unexpired term. PREPARED Br Tommye4Crib ins, City Clerk REVIEWED BY: " David oyle, sst. City Manager Agenda # 8.1 REVISED Meeting Date Sept. 17, 2013 CITY COUNCILM1,01 po Oro AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Revised Report — Appointment to the Planning Commission to fill the unexpired term of Steve Nelson. RECOMMENDATION: Review revised report and confirm appointment of Ashok (Ash) K. Dhingra as recommended by Mayor Pro Tem Everett. BACKGROUND: After many years of distinguished service, Steve Nelson recently resigned his position as a member of the Planning Commission. City staff posted a vacancy notice inviting residents to apply for the position. As Mr. Nelson was previously appointed/ recommended by Mayor Pro Tem Everett, the candidate for the Planning Commission vacancy shall, pursuant to Section 2.36.040 of the City Code, be appointed by Mr. Everett and confirmed by majority vote of the City Council. On August 6, 2013, Mayor Pro Tem Everett announced the vacancy and invited interested residents to apply for the position. Nine applications were received by the August 30, 2013 filing deadline. Applications were received from Richard W. Clippinger; Ashok (Ash) K. Dhingra; George L. Estrada; Carlos Gallegos; Mahendra Garg; Michael Kerr; Robert Llorens; Mrs. Raphael H. Plunkett; and Michael Shay. Mayor Pro Tem Everett conducted an interview with each applicant. After careful review of the candidates, Mayor Pro Tem Everett recommends the City Council confirm his appointment of Ashok (Ash) K. Dhingra to fill the unexpired term of former Planning Commissioner Steve Nelson. A copy of Mr. Dhingra's application and resume is attached for your review and consideration. Attachment Rc APPLICATION FOR COMMI&IITTEE COMPLETE ANUCIUDYg TP9; 33 CITY CLERK:p OFFICE c r Y MANGER'S OFFICE CI TY OFO"AMOND BAR COMMISSION/COMMITTEE DESIRED:--L_L,RN ig it4c NAME: &s(tioic( P"SN�) YL a)" (N GR IA ADDRESS: 31G 8 LJJ>ViiLt_ -DR\VC .DI NMO1\tb kLpp-��C ASA -16E) HOME PHONE: O 6�) (v 12-- i [6-A- BUSINESS PHONE: OCCUPATION: LyAc,, A - E k -LG M mA1miE—MAem--r Are there any evenings.you could not meet? Yes . No -� If so, please list: Why are you interested in this position? kq( (' 5F'1,tt1J>_.srf"iiiF PLG��3Tl1ttC \ s 'T A -AE G3 s4i U-14 f TO C 1VE c VL Ta .--CHE CryVAM i HL My LVVF- ti4. L\\ie-1� rV-�) 1�5i0wyinC�n5b U:2,6�S'cxz- 'F�'{c ci = 26�icer S � M0. A -'3>(V"FE: RC-t4cE Wt'Tlt t -A4 (3Ac+ fit's' 1 ,, Vh12wl5jc Pt DoT GLS bcTS © F (Fwet Icv-(t. 7 i - o 1 What do you consider to be your major qualifications? �z , 111�- r= )• l> is cs amt I °� iS C- R\i i tom, t� Ce&) 'T E-t.T . e�-XtA k s i t) " - A � 10. r (ie 3 ,•, g i�i�, lv�jT11ttZ>Nt=dC.C�1�C111� it 6C�i�r�K,1� -=r' , ntJ i f-� 7orQLS "CH 1-ki l Bins ei zD\� Aal COt:t_ REFERENCES: 1tit2.MM> Zi Y�t�9A1Z esutvCcit tYSast SRiDi\��A�jz9a,\'T 2-\1i\ 2. Me,3otiu Nlutzn�Grt\iirtca�MAtsac-_i tizr ata�t w4�tCtz�Lsr��cT 3.MR.Lky-K SYE �: �+ �tNi ��BoJZ38-iT33 Please attach a written statement containing any additional information you feel would be helpful to the City Council. Ashok (Ash) K. Dhingra, PE, SE 3168 Windmill Drive Diamond Bar, CA 91765 (909) 224-3160 C Ashkdhingra@gmail.com Planning Commission Planning Commission of the City of San Dimas, California - Commissioner 1989-2005, Chairman since 1994 Served as President and Vice President of East San Gabriel Valley Planning Committee. 1990-1992 Served as the Liaison to MTA forthe Gold Line on behalf of City of San Dimas Planning Commission Au__dad __gu*ly_Planning$nmmissione Education MS, Environmental Engineering, Loyola University, Los Angeles MS, Structural Engineering, California State University, Los Angeles US, Civil Engineering, Panjab University, Chandigarh, India, Registrations Structural Engineer, PE, California, Civil Engineer, PE, California, Training and Certifications Engineering Management Program, California Institute of Technology. Pasadena Professional Associations American Concrete Institute American Water Works Association Past Member East San Gabriel Valley Planning Committee Past Member American Concrete Institute Committee 350 - Environmental Engineering Concrete Structures American Concrete Institute Committee 372 - Circular Prestressed Concrete Structures American Concrete Institute Committee 304 - Rehabilitation of Concrete Structures American Water Works Association Committee on Waterproofing American Water Works Association Committee on Desa@ing Professional Record Founder and Principal of AKD Consulting, an Engineering and Management Services firm, since duly 2D09 Senior Vice President, Southwest Regional Manager, AECOM for 5 years Vice President, Senior Client Manager, MWH for over 30 years NOTICE OF VACANCY Notice is hereby given, pursuant to Government Code Section 54974, that one (1) vacancy exists on the City of Diamond Bar Planning Commission effective August 31, 2013 due to the resignation of one of its members. The term of office for the appointment to this vacancy will expire on February 28, 2014. Application forms are available in the City Clerks' office for those persons interested in serving on the City of Diamond Bar Planning Commission. Deadline for submission of your application is August 30, 2013 at 4:30 p. M. If you have any questions regarding this appointment, contact the Office of the City Clerk, 909/839-7010. Tommye A. Cribbins, City Clerk Dated: August 7, 2013 C iillll �� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: U DATE: 1'I al9�I)i�yncu1 j- D-iakVA0J PHONE: i I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. i t, Signatur This document is a public record subject to disclosure under the Public Records Act. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: u neL DATE: i ADDRESS: (C 1 ONE: 4� Ca ---21 (. ORGANIZATION: yaw ,fig (�� n AGENDA#/SUBJECT: V l�L\:tfi expect to address the Council on the subject agenda/subject reflect my name and address as written above. Please have the This document is a public record subject to disclosure under the Public Wcords Act. Minutes