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HomeMy WebLinkAbout11/05/2013Diamond City Council Agenda Tuesday, November 5, 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 I ide 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 a ccommodation(s) in order to communicate at a City public meeting, must inform the City Cleric 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 eru urages you to do the same. DIA110M) DAR 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 November 5, 2013 CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Next Resolution No. 2013-32 Next Ordinance No. 12(2013) 6:30 p.m. Mayor Pastor Jim Price Diamond Canyon Christian Church Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 Presentation of City Tile to Paul Aoun, Managing Partner of Chili's Grill and Bar, 707 Grand Avenue as Business of the Month, November, 2013 and recognizing Chili's Diamond Bar as ranking No. 1 in the Company nationwide. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted 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. November 5, 2013 PAGE 2 agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Veterans Recognition Ceremony — November 7, 2013 — 9:00 a.m., Diamond Bar Center, 1600 Grand Avenue, Diamond Bar. 5.2 2013-2021 Housing Element Public Workshop — November 7, 2013 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Veterans Holiday — November 11, 2013 — City offices will be closed in observance of Veterans' Day. City offices will reopen Tuesday, November 12, 2013 at 7:30 a.m. 5.4 Planning Commission Meeting — November 12, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Neighborhood Traffic Management Program (Castle Rock Road/Crooked Creek Drive) — November 13, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 Traffic and Transportation Commission Meeting — November 14, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.7 City Council Meeting — November 19, 2013 — 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes — Regular Meeting of October 15, 2013 — Approve as submitted. Requested by: City Clerk 6.2 Parks and Recreation Commission Minutes — Regular Meeting of August 22, 2013 — Receive and File. Requested by: Community Services Department November 5, 2013 PAGE 3 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of September 12, 2013 — Receive and File. Requested by: Public Works Department 6.4 Planning Commission Minutes — Regular Meeting of September 24, 2013 — Receive and File. Requested by: Community Development Department 6.5 Ratification of Check Register - Dated October 10, 2013 through October 30, 2013 totaling $ 1,626,885.63. Requested by: Finance Department 6.6 Treasurer's Statement - September 2013. Recommended Action: Approve. Requested by: Finance Department 6.7 Second Reading of Ordinance 11(2013): Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code Relating to Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing Rainwater Low Impact Development (LID) Strategies on Projects that Require Building, Grading and Encroachment Permits. Recommended Action: Approve for Second Reading, Waive Full Reading and Adopt. Requested by: Public Works Department 6.8 Approval of Contract Amendment No. 1 in the Amount of $20,000 with Lilley Planning Group, Inc. (LPG) to Provide On -Site Planning Services for a Not -to -Exceed Total Cost of $40,000. Recommended Action: Approve. Requested by: Community Development Department 6.9 Second Reading of Ordinance No. 09(2013): Amending Title 15 of the Diamond Bar Code and Adopting, by Reference, the 2013 California Building Code, Volumes 1 and 2, Including Appendices C, I and J Thereto, Chapter 1 Division II of the 2013 the California Building Code as the Administrative Code, the 2013 California Mechanical Code", and the Appendices Thereto, the 2013 California Plumbing Code and the Appendices Thereto, the 2013 California Electrical November 5, 2013 PAGE 4 Code and the Appendices Thereto, The 2013 California Residential Code, Including Appendices G, H, J, K, and O Thereto, and the 2013 California Green Building Code, Without the Appendices Thereto, Together with Certain Amendments, Additions, Deletions and Exceptions. Recommended Action: Approve Second Reading by Title Only, Waiving Full Reading and Adopt. Requested by: Building Department 6.10 Approve Amendment No. 3 to the Memorandum of Understanding Between the City and the Los Angeles County Metropolitan Transportation Authority for State Route 60/Lemon Avenue Partial Interchange (On & Off Ramps) Construction. Recommended Action: Approve. Requested by: Public Works 6.11 Second Reading of Ordinance 10(2013): Amending Title 10, by Adding Section 10.16.115 to the Diamond Bar Municipal Code Prohibiting Parking of Vehicles on City Streets and Public Property for the Purpose of Sleeping. Recommended Action: Approve for Second Reading by Title Only, Waive Full Reading and Adopt. Requested by: City Manager 6.12 (a) Adopt Resolution 2013 -XX: A Resolution Granting Consent and Jurisdiction to the County of Los Angeles in the Matter of County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, City of Diamond Bar, Petition No. 13-412 (Twelve Street Lights Along the Northern Side of Golden Springs Drive, East of Brea Canyon Road, in Front of Shell Gas Station and In -N -Out Burger). Recommended Action: Adopt. (b) Adopt Resolution No. 2013 -XX: A Joint Resolution of the Board of Supervisors of the County of Los Angeles, the Board of Trustees of the Greater Los Angeles County Vector Control District, the Board of Directors of the Sanitation District No. 21 of Los Angeles County, the City Council of the City of Diamond Bar, the Board of Directors of the Three Valleys Municipal. Water District - Original Area, the Board of Directors of the Walnut Valley Water November 5, 2013 PAGE 5 District, and the Board of Directors of the Walnut Valley Water Improvement District No. 5 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Petition No. 13-412 to County Lighting Maintenance District 10006. Recommended Action: Adopt. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Adopt Ordinance No. 03(B) (2013): Identifying the Temporary Re - Location of Regular Meetings of the City Council of the City of Diamond Bar to Diamond Bar City Hall Located at 21810 Copley Drive and Amending Ordinance Nos. 03 and 03A (2013). Recommended Action: Adopt. Requested by: City Clerk 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda. No. 6.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 15, 2013 @9A Fy CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council meeting to order at 6:32 p.m. in the Windmill Community Room, Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Chang led the Pledge of Allegiance. INVOCATION: Cantor Paul Buch, Temple Beth Israel gave the invocation. ROLL CALL: Council Member Chang, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Absent: Council Member Herrera was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; David DeBerry, City Attorney; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Raymond Tao, Building Official; David Liu, Public Works Director, Bob Rose, Community Services Director; Ken Desforges, IS Director; Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Alfredo Estevez, IS Help Desk Support Technician; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Tanaka and Council Members presented a Certificate of Recognition to Joseph Lee, student at Mount Calvary Lutheran Church/School for saving a relative from drowning. Teachers Ms. Randall and Mrs. Trotter were also in attendance. 1.2 MPT/Everett proclaimed October 17, 2013 as 'The Great California ShakeOut" during which people worldwide will practice how to "Drop, Cover and Hold" at 10:17 a.m. MPT/Everett presented the proclamation to Robert Alfaro, Assistant Regional Administrator of the program. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano introducing Tina Javid, Representative of Southern California Gas Company reported that the Gas Company is engaged in a regional effort to upgrade gas meters and the methods by which the information from the gas meters will be transmitted back to the Gas Company adding to a greener environment and a more accurate meter reading for consumers. The program is being deployed throughout the Southern California Gas Company region and was most recently installed in the City of Walnut. Tina is present this evening to talk about the deployment in Diamond Bar. OCTOBER 15, 2013 PAGE 2 CITY COUNCIL Tina Javid provided a power point presentation on the "Advanced Meter Program" which will automate the meter -reading function. The program benefits information for consumers. Currently, the Gas Company reads meters once a month and residents receive a bill after consuming a month's worth of usage. Once this program is implemented, residents will be able to get next -day information. The goal is that with this information, consumers will save money. Individuals who are on fixed incomes for example, can look at the usage, plot their usage and decide how to use gas. Commercial consumers will benefit in this manner as well. Energy is very expensive and anything consumers can do is helpful. With the focus on the environment, once this program is rolled out 1000 trucks will be taken off the road every day helping with traffic as well as air quality. Currently, employees enter properties once a month to read meters. Once the system is implemented, that privacy issue will be enhanced and the need for employees to enter back yards will be eliminated as well as the safety of the employee. SCG is regulated by the California Public Utility Commission. An order was issued for this program in 2010 with the Gas Company having until 2017 to implement the program and have it fully operational. SCG is the last of the large utility companies to roll out this program and by being last SCG has learned a great deal from sister utilities Edison and PG&E. She is proud to report that SCG is the only large utility that will use its employees to roll out this program. The company made a commitment upfront that meter readers would be retained as employees and although they will not be meter readers they will install the hardware and have opportunities to find other careers within the company once the program is implemented. Ms. Javid showed a meter and how the system will work. The same meter residents currently use will continue to be used with one piece that will be added on the face of the meter. A receiver will be installed that sends information to the company's billing group. Information will be available the following day via computer and smart phone. 20 -year Lithium batteries will power the receiver that remains in the off mode except for 4 microseconds per day during which turns on and transmits meter -read information to the billing unit. The information will be encrypted and no personal information will be transmitted. Before the meters can be installed, data collection units which are the backbone of the system must be up and running. In order for the system to go online 4,000 units will be placed throughout the service territory with 24 of those collection units residing in Diamond Bar. She showed a map that pinpointed the locations of the units. The number of units installed depends on the topography, number of homes and the number of businesses. Because Diamond Bar has a lot of rolling hills, more units will be required in order for the systems to talk to each other and pick up the read. If the OCTOBER 15. 2013 PAGE 3 CITY COUNCIL system is on a Gas Company pole, the pole needs to be in the public right-of-way or within the Gas Company easement for homeowners associations. If cities own their street light poles the system can be attached. In addition, the Company has made an arrangement with Edison to attach the unit to one type of their pole. The goal is to select appropriate sites that are least intrusive to the community. She showed photos of what the various installations would look like and stated that the Company has made a commitment to the City of Diamond Bar that prior to installation information will be provided to residents. Once installation has been completed we will work with both City staff and the Chamber of Commerce to get the information out to residents and businesses about the actual roll out of the meters next year. Ms. Javid said that it has been an absolute pleasure working with staff members who have remained thorough and focused and have been great partners in this effort. She also stated that she had left information packages for Council and residents. MPT/Everett thanked Ms. Javid for communicating the Company's efforts very effectively and for acknowledging staff. Residents will appreciate being able to communicate with Ms. Javid as this program rolls out. MPT/Everett asked if the Company would provide software for smart phones and computers. Ms. Javid reiterated that residents can go online to the Gas Company website at www.socalgas.com to sign up for the Advanced Meter program. Because "The Country Estates" is such a large HOA there will be three collection units within the subdivision. The Company has been working very closely with "The Country Estates" Homeowner's Association Board of Directors to make certain proper sites are being selected and information is being communicated to the residents. CM/DeStefano thanked the City's Public Safety Team. Diamond Bar remains one of the safest cities in Southern California and in the nation. The City has minimal crime and year-to-date statistics continue to reflect that data. Diamond Bar is about two percent below the statistics from 2012 and about 10 percent below the crime statistics from the last five years. Crime has ebbs and flows and crime categories have ebbs and flows. Diamond Bar has done a good job of pushing out crime from the community sometimes to the detriment of surrounding communities and unincorporated areas which has seen some increases in crimes, particularly home burglaries. OCTOBER 15, 2013 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Allen Wilson thanked the City Council and particularly M/Tanaka and MPT/Everett for responding to his questions. As a pedestrian he is concerned for his safety, especially when he crosses Golden Springs Drive to visit Chili's and Target. Although the pedestrian has the right-of-way, many drivers disregard that fact. About six months ago as he was walking from Golden Prados to Golden Springs to cross over to the golf course a driver made a left turn in front of him. Fortunately, there was a Deputy Sheriff in the area and the driver was cited. Mr. Wilson asked if he was correct in assuming that pedestrians are entitled to complete the crossover to the other side of the street before drivers can make a left or right turn. April Carlos said she appreciates all of the new trails and other amenities that the City manages to keep adding when other cities are going bankrupt. She asked C/Chang about a letter of support from Senator Bob Huff and asked her to explain how a Council Member can have any impact in a classroom or school curriculum and whether or not the City will have to hold another election in the event that she succeeds in winning a seat in the State Assembly. Vinod Kashyap spoke detailing his opposition to the Site D project and that he felt that even though the Planning Commission agenda for October 8th had a noticed Public Hearing for Site D there was no Public Hearing because Chair/Torng restricted speakers to five minutes each. He also stated that in his opinion the City Council owes residents a public hearing. Mr. Kashyap stated that Lennar Homes is listed as the applicant; however, the property owners are listed as Walnut Valley Unified School District and the City of Diamond Bar and that the only property owner who was present at the Planning Commission meeting was M/Tanaka. Mr. Kashyap stated that he has appealed to Supervisor Knabe to look into what is going on in Diamond Bar and made the same appeal to Diamond Bar's Congressman, Assemblyman and Senator. He is also making the same appeal to the City Council Members. He is concerned about the potential for fraud based on his belief that because public land is being sold at yesterday's prices with a flawed EIR and the fact that he has read the CEQA report and finds nothing that tells him that CEQA has been followed. A lot of things happened at the Planning Commission and the general consensus which was made plain to M/Tanaka is that there has not been transparency. Over and above that, the land is inundated with faults and slip circles. He suggested that the City Council place a moratorium on this site and have a proper engineering study done and appoint a task force to study the issue. Pui-Ching Ho, Diamond Bar Library Acting Librarian, reported that the library will offer a series of five workshops for children aged 0-4 and their parents on Wednesdays beginning October 16 at 10:00 a.m. The workshop offers a setting OCTOBER 15, 2013 PAGE 5 CITY COUNCIL in which children and parents can learn and play together. Parents will be introduced to some of the local resources available to help them in the rewarding but challenging task of parenting. Topics to be discussed will include dental care, speech, child development, nutrition and literacy. On Saturday, October 19 at 2:00 p.m. Clint Perry and the BooHoo Crew will present a special Halloween Party for children and their families. On Saturday, October 26 at 2:00 p.m., teens and adults are invited to make holiday themed sketch books. Supplies are limited on a first-come, first serve basis. For more information please stop by the Library's Reference Desk or call 909-861-4978. Nancy Lyons congratulated CM/DeStefano for getting the Grand Avenue electronic sign working again. In walking around the City and talking with residents she has heard concerns expressed about the condition of properties and streets. One of the worst problems she encountered is on Evergreen Springs near Diamond Bar High School. One home burned down about five years ago and has been left. The chain link fence surrounding the property has been folded over so low that people can step over it and walk onto the property which she believes has happened because there is trash on and around the property. She asked what the City's process was for eliminating blight. Residents around Evergreen School complained about the trash and debris on the business side of Fountain Springs. Terry Straley said she was concerned about what the Walnut Valley Water District is hiding. Five residents present at tonight's meeting have suffered broken pipes. Her neighbor was the first to call the Water Company on October 3 and she called on October 4 to check on the matter. Her plumber checked the water pressure for both houses and found the pressure in the neighboring home to be two points higher than hers. When the Water Company representative came to her home she asked if there was a problem with the water pressure because the Water Company had been on their street to fix a water break and was told by the employee that no work had been done on their street since 2002. The five sitting in the audience can testify to the fact that someone from the Water Company or its contractor was working on a broken water line on her street. The employee told her that if there had been a break there would have been a patch on the street. She asked the representative to turn around so that he could face the street and see what she was telling him. He said nothing and left. Her neighbor asked him to check her water pressure and he refused to lower it. Mrs. Straley said that she was told her water pressure was 80-120 in Diamond Bar. Her insurance company and her plumber told her that 80-120 is way too high. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to Mr. Wilson that Diamond Bar places a high priority on pedestrian safety. The City has an active Sheriff's Department that includes traffic enforcement deputies and staff will work with Mr. Wilson regarding the scenarios presented and see what, if anything, staff can do to check the area to OCTOBER 15, 2013 PAGE 6 CITY COUNCIL make sure that motorists are behaving appropriately. Pedestrians clearly have the right-of-way while they are within the public sidewalk and public crosswalk areas. CM/DeStefano stated that with respect to comments about Site D, Site D is a 30 - acre property located at Brea Canyon Road and Diamond Bar Boulevard. This property has been owned by the Walnut Valley Unified School District for decades. The City of Diamond Bar owns a little over one -acre strip at the corner between Brea Canyon Road and the flood control channel which Diamond Bar purchased about seven years ago. Diamond Bar and the School District have entered into a purchase/sale agreement with Lennar Homes, one of the nation's largest home builders. Lennar Homes entered into a purchase agreement with the School District and the City of Diamond Bar to purchase the entire property for $40 million which is a substantially higher price than what the property appraised for last year when Lennar was the winning bidder. The reason Lennar Homes was at the Planning Commission last week was to seek its recommendation for City Council approval for the construction of 182 homes within three different major model types and a new public park. The request to the Planning Commission was implementation of a City Council decision that was made about a year and one-half ago to change the land use on the property to permit homes and a park. The City Council's policy decision to establish land use on that property was the result of several years of public discussion, several public workshops, public meetings, public newsletters, and notices sent out over the years. In addition, the School District sent out a district -wide newsletter that talked about the project. The San Gabriel Valley Tribune and other media produced news items/stories about the project and again, there were numerous public workshops and public hearings, some of which were held at Castle Rock Elementary School, as well as, onsite tours, etc. There was a lot of debate about whether that land should be developed and if so, how it should be developed. The City Council made the land use decision in early 2012 to permit up to 200 homes on the property. The developer has designed it at 182 homes and that project received a Planning Commission recommendation for City Council approval during its October 8 meeting. The project is on its way to the City Council and the City Council is tentatively scheduled to hear the project on November 19. The City Council's decision is solely on the issue of whether or not those specific 182 homes and park should be approved. This is no longer about whether or not homes should be built on the property it is now a matter of what size, shape, location, amenities, etc. because the policy decision to develop that property was made a year and one-half ago. As part of that policy decision, a major environmental study was done on the project involving numerous experts. The Environmental Impact Report was publicly available, was reviewed by the public which presented comments to the EIR. The EIR was discussed at length during Planning Commission meetings and the EIR was certified. Now, as part of the overall project component, that EIR is being implemented with many things including trees and other components for the property in question. This was a multi-year effort and the Planning Commission's challenge at their last OCTOBER 15, 2013 PAGE 7 CITY COUNCIL meeting was size, shape, location of homes, location of the park and amenities within the park. The Planning Commission has recommended Council approval of the package which the City Council will review on November 19. The Public Hearing for November 19th will be advertised in the newspapers, the City's website and individually to all residents living within 1000 feet of the property, etc. There is nothing mysterious about the Site D project which has been underway for several years and will provide significant revenues to the Walnut Valley Unified School District which, they have indicated, will go directly into teaching students within the District, an effort the District has had underway for several years. The City's piece of land is being sold as part of the project which will primarily be a landscape amenity and small tot lot at the end of Crooked Creek. The City Council has not yet made any decision with respect to where the proceeds of the sale of the City's property will be used, but discussions are underway. CM/DeStefano thanked the speaker for comments regarding the library sign. Staff was able to track down the missing components, put the pieces back together and develop a system in cooperation with the library and most importantly with the LA County Fire Department to advertize public service messages on that sign for the benefit of the community. This sign which was donated to the library by the Friends of the Library was important to the City Council which challenged him to find a solution. As to the Evergreen Springs home, CM/DeStefano said he was not personally familiar with the issue; however, staff will absolutely take a look at the situation. When a house is no longer habitable as a result of a fire, it often takes far longer than it should to resolve issues with insurance companies before someone is allowed to rebuild the home. CM/DeStefano responded to comments about the Walnut Valley Water District stating that the District is a separate governmental political entity from the City of Diamond Bar, much like the school district, but the City works very closely with the Walnut Valley Water District. If any resident has a question, concern or comment regarding the Water District, they are encouraged to immediately let staff know because staff will immediately contact the Water District to assist in getting attention paid to a particular issue. General Manager, Mike Holmes is very professional and has been with the District for many years. He is an excellent advocate and executive director for the District. CM/DeStefano said he would check with staff and contact Mr. Holmes directly tomorrow. C/Tye asked if staff would invite Mr. Holmes to a future City Council meeting to discuss water pressure in Diamond Bar. He said he remembers the house on Evergreen Springs from four years ago and asked if that property was a candidate for receivership. OCTOBER 15, 2013 PAGE 8 CITY COUNCIL CM/DeStefano said it is difficult to know at the moment whether it is a candidate for receivership but a similar circumstance prompted the City Council to move forward with receivership after all other efforts to correct the problem with the property owner failed. He assured C/Tye and the Council that he would be looking into the matter first thing tomorrow morning. C/Chang responded to the political inquiry by giving everyone her personal cell phone number 909-319-5446 and her personal email address Lingsguared(a)gmail.com so that they could contact her with any questions. She is not retired and has had a job which for the past 10 years has been in science education. M/Tanaka thanked the Fire Hollow homeowners for coming to tonight's meeting. He reported that he has spoken with Claudia Huff and questions that were asked this evening have gone to the Walnut Valley Water District via the City's Public Works Division. 4. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — October 22, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — October 24, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 3D Halloween Haunted House — October 30 and 31, 2013 — 6:00 p.m. to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road (recommended for children 8 and older). Admission $5 per person. 5.4 Fall Fun Festival — October 31, 2013 — 4:30 p.m. to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Road. Free admission. 5.5 Eco Expo 2013 — November 2, 2013 — 10:00 a.m. to 2:00 p.m. — South Coast Air Quality Management District Parking Lot, 21865 Copley Drive. 5.6 City Council Meeting November 5, 2013 - 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 6. CONSENT CALENDAR: C/Chang moved, MPT/Everett seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: Chang, Tye, MPT/Everett, M/Tanaka None Herrera COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: OCTOBER I5, 2013 PAGE 9 CITY COUNCIL 7 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of October 1, 2013 - As Submitted. 6.2 RECEIVED AND FILED PARKS PLANNING COMMISSION MINUTES — Regular Meeting of August 27, 2013. 6.3 RATIFIED CHECK REGISTER — Dated September 26, 2013 through October 9, 2013 totaling $1,200,667.18. 6.4 SECOND READING AND ADOPTION OF ORDINANCE NO. 08(2013): ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY MUNICIPAL CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY. PUBLIC HEARING: 7.1 ORDINANCE NO. 09(2013): AMENDING TITLE 15 OF THE DIAMOND BAR CODE AND ADOPTING, BY REFERENCE, THE "CALIFORNIA BUILDING CODE" VOLUMES 1 AND 2, INCLUDING APPENDICES C, I AND J THERETO, CHAPTER 1 DIVISION II OF THE 2013 "CALIFORNIA BUILDING CODE" AS THE ADMINISTRATIVE CODE, THE 2013 "CALIFORNIA MECHANICAL CODE" AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA PLUMBING CODE: AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA ELECTRICAL CODE" AND THE APPENDICES THERETO, THE 2013 "CALIFORNIA RESIDENTIAL CODE" INCLUDING APPENDICES G, H, J, K AND O THERETO, THE 2013 "CALIFORNIA GREEN BUILDING CODE" WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. BO/Tao stated that every three years or so the City amends the State Building Codes which this year is due January 2014. The use of the building codes are for building construction, electrical, plumbing and mechanical work, disabled access and green building. The State Health and Safety Code mandates adoption of the codes every three years. The local area of Diamond Bar is different from the rest of the State in that it has hillside areas, expansive soils and fire zones. In order to protect the welfare of its residents, the City adopts local amendments which include hillside management, etc. One important side note is that the administrative items do not need any special planning but the construction items do, so the amendments contain administrative items that were listed previously in 117 through 119 that were moved to the construction side upon producing findings. OCTOBER 15, 2013 PAGE 10 CITY COUNCIL Amendments to the code include three items which are generally reduced to numbering changes rather than the bulk of the code which remains generally the same. The three items that were amended include 1) the length of time for building permits is 180 days which can be extended one time. Code enforcement permits will be changed to 90 days unless it is a complicated project which will be granted 180 days which would mean a maximum of 360 days. Rather than indicate a permit is suspended or abandoned it must be signed off by the Building Inspector who has to say that a portion has been passed rather than suspending or abandoning. 2) For major remodels in a fire zone, the project would be required to meet the fire zone requirements and sprinkler requirements it would essentially need to be a new building. 3) Accessibility is required retroactively for site improvements so the site access is required to be improved and will be part of the inspection process. BO/Tao stated that new building codes throughout the State require that plumbing fixtures be modified to be low -flow fixtures, especially the low - flow toilets, for any remodel that is 10 percent or greater than $150,000. The Green Building Code which was instituted last code cycle is now required for additions as well as new construction. The California Building Code for Accessibility has been modified completely to be more in line with the ADA. Some of the dimensional criteria have changed and the format is completely different and looks almost identical to the ADA. The Energy Code requirements are becoming rather strict by requiring more insulation, more glazing and a solar -ready roof which would require varied orientation toward the south side of the building. Staff recommends that the City Council approve for First Reading by Title Only, Wave Full Reading of Ordinance No. OX (2013) and set the Second Reading for November 5. M/Tanaka opened the Public Hearing. Vinod Kashyap asked if the new code would apply to permits issued in the past if something was missed during the inspection. BO/Tao responded that Chapter 34 states that depending on the situation and what percentages are modified will determine what is to be done with the existing structure so some grandfathering might apply depending on the amount of work required. With no further testimony being offered, M/Tanaka closed the Public Hearing. MPT/Everett thanked BO/Tao for his report. He asked if there was a significant potential for additional costs for modifications with the changes in the code. OCTOBER 15, 2013 PAGE 11 CITY COUNCIL BO/Tao responded that when codes change City's must abide by the new code and the ADA requirements are retroactive so as a result of that factor, something built today would have to be modified to the new code. When this new code was written the authors realized there were many changes that would affect buildings and they allowed that for this cycle the previous cycle could be used if it matches the requirement. Obviously, if one is required to upgrade for accessibility there is going to be an added cost. MPT/Everett said he appreciated the stronger language for the local amendments in the fire zone. CM/DeStefano read the Ordinance Title into the record. MPT/Everett moved, C/Chang seconded to Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 09 (2013) and set the Second Reading for November 19. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 8. COUNCIL CONSIDERATION: Chang, Tye, MPT/Everett, M/Tanaka None Herrera 8.1 FIRST READING OF ORDINANCE 10(2013): AMENDING TITLE 10 BY ADDING SECTION 10.16.115 TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING. SMA/Santos presented information regarding the proposed ordinance. The primary purpose for parking on City streets and public property is to provide places for persons to temporarily park their vehicles to access residences, business and recreational facilities. The City currently has a prohibition for sleeping in vehicles in City parks; however, there is no prohibition for sleeping in vehicles on public rights-of-way such as streets, alleys and other facilities of that nature. This ordinance would add Section 10. 16.115 to the Municipal Code that would add restrictions for sleeping in vehicles on public streets, alleyways and public facilities, as well as the current prohibition beyond parks. The Sheriff's Department had observed on one occasion where an individual was sleeping in his vehicle in a particular part of town and because this was not included in the ordinance it did not allow deputies to monitor the situation. OCTOBER 15, 2013 PAGE 12 CITY COUNCIL The draft ordinance was taken to the Public Safety Committee on September 27 for their review and consideration and based on the Committee's feedback it was recommended that the matter be brought to the entire Council for review and consideration. Staff recommends that the City Council approve for First Reading by Title Only and Waive Full Reading of Ordinance No. OX (2013). C/Chang asked if there were any provisions for a person who was tired from driving to pull onto a City street for a nap. She knows friends who have been driving long distances and feel it is necessary to pull off of the freeway for a short nap. SMA/Santos responded that the draft ordinance does not contain provisions for that type of activity and would most likely be a situation that the Sheriff's Department could monitor and determine. C/Chang reported that there was an incident a few years ago in which a designated driver was exhausted and fell asleep at the wheel and hit a tree killing the passenger and C/Chang felt individuals should not be prevented from pulling aside to take a nap if they are tired and should not continue driving. She said she was very worried that the ordinance did not contain exceptions for that type of activity. M/Tanaka said that the Public Safety Committee discussed the fact that the Sheriff's Department would have latitude in enforcing the ordinance but that the proposed language would prevent someone from habitually sleeping in a vehicle within the City limits. C/Tye asked what the Sheriff's Department does when it comes up on someone sleeping in a car on the City's streets. SMA/Santos said that based on his understanding, that if there is a call, the deputy goes to the scene and if they see someone sleeping there is nothing that can be done because there is nothing in the City Code that prevents someone from sleeping on City streets. Unless there is another issue for which the person can be cited, there is nothing the Sheriff's Department can do. MPT/Everett stated that it appears there is an exposure where cars park with the purpose of sleeping and a growing number of those people get together which becomes a problem in some cities. One of the objectives of the committee was to give the Sheriffs Department the tools to properly manage the parking and sleeping situations. Vinod Kashyap asked when the ordinance would go into effect OCTOBER 15, 2013 PAGE 13 CITY COUNCIL SMA/Santos responded that if the First Reading were approved a second reading would follow and the ordinance would go into affect 30 -days after the Second Reading is adopted by the City Council. C/Tye felt that someone sleeping in his car was a neighborhood and safety issue and the City needs to have the tools to prevent such issues. C/Tye moved, MPT/Everett seconded, to approve for First Reading by Title Only, Waive Full Reading of Ordinance No. 10 (2013). Motion carried 3-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: Chang ABSENT: COUNCIL MEMBERS: Herrera 8.2 APPROVAL OF FISCAL YEAR 2013-14 APPROPRIATION ADJUSTMENTS FOR CARRY -FORWARD EXPENDITURES, CAPITAL PROJECT CARROVERS AND FISCAL YEAR 2012-13 FINAL ADJUSTMENTS. FD/Honeywell stated that the Council has a redlined report which adds language that was inadvertently left out regarding carryovers in the special revenue funds. The schedules were in the original agenda packet but the language was left out and added for clarification in this revised report. The purpose of this agenda item is to carry forward appropriations from Fiscal Year 2012-13 to Fiscal Year 2013-14 for purchases that for various reasons could not be made by June 30, 2013. In accordance with the City's budget policy, all appropriations lapse at fiscal year end. The carryover of appropriations must be approved by City Council. These carryovers amount to approximately $622,000 in the General Fund and can be found in Exhibit A. Also included in Exhibit A is the carryover of appropriations for the Specific Revenue Funds. These carryovers amount to approximately $215,000 and staff is asking the City Council to also re - appropriate these funds into Fiscal Year 2013-14. Capital Project carryovers were included in the adopted FY 2013-14 Budget which were estimates only based on the expected percentage of completion of the projects on June 30. This agenda item includes final adjustments to those adopted carryovers. These carryovers amount to approximately $169,000 and can be found in Exhibit B. The agenda item also includes final budget adjustments for FY 2012-13 for changes in the amount of revenue to be received for gas tax, transfer of the savings realized in the Sheriff's Department Budget to the new Law Enforcement Fund, and additional appropriations for various accounts. Details for Fiscal Year 2012-13 Final Budget Adjustments can be found in Exhibit C of the report. Finally, it should be noted that the revised adopted budget anticipated that the City would end Fiscal Year 2012-13 with $16.7 million in General Fund OCTOBER 15, 2013 PAGE 14 CITY COUNCIL Reserves. Preliminary estimates show that the General Fund Reserves will be nearly $17.1 million at June 30, 2013. Staff will be coming back to report on the final figures after the audit is complete and the CAFR has been published in late December. MPT/Everett moved, C/Chang seconded to approve Fiscal Year 2013-14 Appropriation Adjustments for Carry Forward Expenditures, Capital Project Carryovers and Fiscal Year 2012-13 Final Adjustments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera 8.3 (a) APPROVE FIRST READING OF ORDINANCE 11(2013): AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS. CM/DeStefano stated that this matter is being brought to the City Council as a result of requirements by regional authorities for the City to adopt measures that lessen impacts upon water quality. AE/Young introduced the City's Environmental Services Consultant, John Hunter who has served the City for many years and has been quite instrumental over the past 18 months with respect to stormwater compliance and the new 2012 permit. AE/Young went on to report that Item a) is the Low Impact Development (LID) Ordinance. In November 2012 the Municipal Separate Storm Sewer System Permit referred to as the MS 4 Permit was adopted by the Regional Water Quality Control Board, Los Angeles Region. Prior to the 2012 Permit, there were three previous permits for the County of Los Angeles. The first and second permit established data collection requirements and legal authority while the third permit established program implementation requirements, especially for new development. Page 3 of the report states that the last permit was adopted in December 2000 but it was actually adopted in 2001. The current permit, the 2012 MS 4 Permit, expanded water quality monitoring and focused on the elimination of non-stormwater discharges. The 2001 permit was about 100 pages and the current 2012 permit is over 600. The 2012 permit is a multi -faceted permit; however, tonight the focus will be on the LID Ordinance and Green Street policy that is required to be passed by the OCTOBER 15, 2013 PAGE 15 CITY COUNCIL City Council Specifically, the new permit affects projects because it reflects a fundamental shift from implementation of structural control measures to low -impact development control measures which means that previous development projects were able to install catch basin filter inserts and direct all of their stormwater to the catch basin which would then go into the Storm Drain System and ultimately to US waters. Projects are now required to follow low -impact development guidelines which means that development projects need to mimic the natural hydrology character of the site and in order to do so the project needs to either retain the stormwater onsite or infiltrate it where feasible or bio - filtrate the water. Water would need to go through some type of organic filtration process before it can be directed to the Storm Drain System. The effects on local projects remain the same as the old permit with a few changes specifically to commercial and industrial projects. The previous threshold was that if a commercial or industrial project created 100,000 of impervious area, it was required to mitigate stormwater. The new permit has lowered that threshold to 10,000 square feet. In addition, street construction projects of 10,000 square feet are identified in the new permit where under the 2001 permit road construction was not identified as criteria for following stormwater mitigation. Under the 2001 permit existing single family dwelling and accessory structures were exempt. Now, if those projects create, add or replace 10,000 feet of impervious surface they will be required to mitigate stormwater. To mitigate stormwater impacts, projects are required to implement Best Management Practices (BMP's) and the new permit prioritizes how impacts will be mitigated. Whereas under the old permit developers may have been able to choose how they mitigate, there is now a prioritized list that developers must go through in order to mitigate the stormwater as follows: 1) provide onsite infiltration by retention and/or rainfall harvest and use of site groundwater replenishment. In Diamond Bar that can be very difficult because of the clay soil which does not allow for infiltration in many areas of the City if not the entire City. If developers can prove through geotechnical determination that infiltration is infeasible they can move to bio -treatment as the next best mitigation tool for stormwater. What this means to developers in terms of financial impacts with respect to developments in the City of Diamond Bar is that development as is currently known, has basically changed. Previously, developers were able to install a catch basin insert to direct the water to catch basins which would have been sufficient. Now, developers must implement low -impact development guidelines during the planning period for the project. This can be done at a fairly low building and maintenance cost if filtration through landscape areas are incorporated. Developers will need to do so prior to planning the development, make sure there is sufficient room in OCTOBER 15, 2013 PAGE 16 CITY COUNCIL the development to incorporate these landscape areas for filtration which presents an opportunity for developers to create aesthetically pleasing developments for the Diamond Bar community that will have landscaped areas that would not otherwise exist if not for stormwater quality purposes. Staff recommends that the City Council Approve for First Reading by Title Only, Waive Full Reading of Ordinance No. OX (2013) Ordinance Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code Relating to the Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing Rainwater Low Impact Development (LID) strategies on projects that require building, grading and encroachment permits. C/Chang moved, C/Tye seconded, to Approve First Reading by Title Only, Waive Full Reading of Ordinance No. 11 (2013), an Ordinance Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code Relating to Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing Rainwater Low Impact Development (LID) Strategies on Projects that Require Building, Grading and Encroachment permits. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera (b) ADOPT RESOLUTION NO. 2013-31: APPROVING A GREEN STREETS MANUAL FOR NEW CONSTRUCTION AND RECONSTRUCTION OF ROAD PROJECTS. AE/Young reported that the Green Streets Manual for new construction and reconstruction of road projects is before the Council for consideration this evening. As previously mentioned, the 2012 MS 4 Permit requires that permittees demonstrate that Green Street policies are in place for transportation corridors. A copy of the draft manual that was modeled after the USEPA publication Managing Wet Weather Green Infrastructure was included in the Council's packet. This manual implements LID opportunities along roadways because roadways represent a significant percentage of impervious area and generate a substantial amount of runoff from storm events. Traditional street design focuses on removing water off the roadways as quickly as possible by getting it into the curb and gutters, catch basins, storm drains and ultimately the US waters. Green streets help transform the street design from conventional methods of moving water off of streets as quickly as possible as well as, promoting storage and treatment of the water before it enters US waters. Green Street Practices will be required to be implemented if one of the three criteria is met for projects: 1) street or roadway construction of 10,000 OCTOBER 15, 2013 PAGE 17 CITY COUNCIL square feet or more of impervious surface area within a transportation corridor; 2) street or roadway improvements creating, adding or replacing, 5,000 square feet or more of impervious surface area in an RE developed site. This will not include any roadway maintenance projects that have been undertaken as long as the original line and grade of the roadway is maintained; and, 3) for any projects not listed above, the Director of Public Works maintains the authority to require Green Street policies. She highlighted a few examples of Green Street design elements in the LA area and responded to Council questions. Staff recommends that the City Council adopt Resolution No. 2013-31: Approving a Green Streets Manual for New Construction and Reconstruction of Road Projects. C/Tye asked what the adoption of this manual would mean for Site D. AE/Young responded that because Site D is a larger development it is implementing low -impact design guidelines and criteria within the development that addresses the housing development area, streets and sidewalks. The entire site is being treated through bio -treatment. C/Tye asked if the Site D project would include gutters that catch the water. AE/Young responded that the project does not currently include that type of design but it does include specific landscape areas that water is being directed to throughout the site that are treating the stormwater. C/Chang said that in 2007 she did a research project of the Inland Empire Utilities Association which is a platinum lead building entity. Their entire parking lot is impervious pavement and a couple of bio-swales are included as well. In addition, there are bio-swales in the City of Diamond Bar so the City is already moving along that path. C/Chang moved, MPT/Everett seconded, to Adopt Resolution No. 2013- 31: Approving a Green Streets Manual for New Construction and Reconstruction of Road Projects. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Herrera OCTOBER 15, 2013 PAGE 18 CITY COUNCIL 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye said that following the last City Council meeting as the City's representative and the organization's President he presided over the Contract Cities Fall Seminar during which MS 4 and water bonds were discussed. He thanked AP/Tobon for five years of service to the City, NIO/Flacks for 10 years of service to the City and FA/Pacheco for 15 years of service to the City. Diamond Bar is a lean and mean machine and the people that do the work for the City, want to be present and have been for so long are very much appreciated. C/Chang reminded everyone they could follow her on Facebook and Twitter. She is very active on those two sites. On October 3 she and C/Tye attended the League of California Cities meeting and as the City's representative and President of the LA County Division, the focus was on the issue of water. Diamond Bar has been encouraged to provide input toward the crafting of a new bond. On October 5 she attended the US Army Advisory Board meeting. On October 7, she, M/Tanaka and MPT/Everett attended the Neighborhood Watch Emergency Preparedness Meeting in "The Country Estates which was very well attended. On October 12 she attended Diamond Bar High School's Food Trucks Fundraiser. MPT/Everett stated that on October 4 he attended the Diamond Ranch High School 4th Annual Breast Cancer Awareness fundraiser. The Diamond Ranch High School Panthers beat Los Altos 30-13 and Miss Diamond Bar and her Court participated. On October 7 he also attended the HOA Disaster Preparedness and Neighborhood Awareness meeting. On October 21 a more traditional Neighborhood Watch meeting will be held. He reminded everyone about the 3D Haunted House and Fall Fun Festival events. M/Tanaka acknowledged the presence of Diamond Bar High School Leo President Atharshna Singarajah. He thanked President Steve Tye for hosting the California Contract Cities Association's 33`d Annual Fall Seminar in Temecula. He attended the Community Safety and Disaster Preparedness meeting in "The Country Estates" and thanked Battalion Chief Hook and Leticia for attending along with Captain Scoggin and Lt. Tachias. October 8 he attended the Chaparral Middle School Fundraiser "Tip a Teacher" at Chili's Restaurant. Principal Thibodeaux and teachers served food and waited on tables. Last Saturday he attended the Pomona Library 3K Walk Fundraisers. Volunteers from Leo Club, Kiwanis Club, Pomona Police Department Explorers Group, Pomona Friends of the Library and Pomona Art School participated. Last evening he attended the volunteers meeting for the upcoming Haunted House and Fall Fun Festival events. He thanked all of the volunteers in attendance. He congratulated the 14 Walnut Valley Unified School District teachers who received "Teacher of the Year" awards. They will be formally recognized tomorrow afternoon at Diamond Bar High School. He congratulated "District Teacher of the Year" Science teacher Maggie Strand from Chaparral Middle School. OCTOBER 15, 2013 PAGE 19 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 8:28 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2013. JACK TANAKA, MAYOR CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 AUGUST 22, 2013 CALL TO ORDER: Chairman Dave Grundy called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Owens led the Pledge of Allegiance. ROLL CALL: Present:- Commissioner Dave Roberto, Vice Chairman Ted Owens, Chairman Dave Grundy Commissioner Benny Liang arrived at 7:10 p.m. Absent: Commissioner Lew Herndon was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Cloris Vargas, Recreation Specialist, and Debbie Gonzales, Administrative Coordinator. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented by CSD/Rose. 1. CONSENT CALENDAR: 1.1 Regular Meeting Minutes for July 25, 2013 C/Roberto moved, VC/Owens seconded, to approve the July 23, 2013 regular meeting minutes as presented. Without objection, the motion was so ordered with Chair/Grundy abstaining, C/Liang and C/Herndon being absent. 2. INFORMATIONAL ITEMS: 2.1 RecreationProgramUpdate — RS/Murphey 2.1.1 PowerPoint Presentation on Senior Programming by RS/Vargas 2.2 ParksReport— PMS/Jordan VC/Owens asked if the Commission would consent to sending a thank - you letter to the Eagle Scout for his participation in the Summitridge Park AUGUST 22, 2013 PAGE 2 P&R COMAUSSIISN Trails project. Commissioners concurred. 2.2.1 PowerPoint Presentation on Ronald Regan Park— PNIS/Jordan C/Liang inquired about the park restroom facilities. CSD/Rose said that, when the parks were built equal amenities were constructed in each restroom. As time moves forward people become more enlightened because they are seeing the same thing C/Liang is seeing and that is lines forming. As an example, the Diamond Bar Center is newer construction and the women's bathroom by the ballroom has many more stalls than on the men's side. CSD/Rose said he believed that when Sycamore Canyon Park was retrofitted, the same thing was done and there are more stalls in the women's side than the men's side. When architects design restrooms at this point in time they create a bias toward the women's facilities more than they did in the past. . 2.3 CIP Projects — CSD/Rose 2.3.2 Dog Park— CSD/Rose reported that the bid opening was today for the concrete walkways. and stairs that will connect the gates to the existing walkway. Ten bids were submitted and the bids ranged from $37,200 to $69,999. The engineer's estimate was $38,000. The City Council will award a contract on September 3. The majority of this project will be paid with federal funds and CDBG funds which can be used for the ADA access. The stairs cannot be done with CDBG funds and it will cost the City about $7,000 from the General Fund for that portion of the project. _ 2.3.3 Grandview Trail and Grandview Trail Link — CSD/Rose stated that staff received the second plan check back from Building and Safety today and those comments are being forwarded to the City's Consultant TKE which will make the corrections and submit them back to Building and Safety. Once plans and specs are approved they will be released for bidding with construction to commence sometime in October. 2.3.4 Site D Park Design — CSD/Rose reported that Lennar Homes is still working on the concept plan for the park which is likely to take another two months. Lennar is anxious to get the Tentative Map approved and hopes to start that process in October. During the next two months staff will have more details available about what is proposed to be included in the park. 2.3.5 Larkstone Park — CSD/Rose said that Lewis Homes continues to work on the redesign of the park. Since staff has not heard from Lewis Homes and this item will be removed from the projects list until staff receives further information. AUGUST 22, 2013 PAGE 3 P&R COMMISSION 2.3.6 Diamond Bar Center Improvements — CSD/Rose stated that the Diamond Bar Center is still under construction. The contractor was working on cabling today to get the office ready for staff to move back in. There are punch list items related to the carpet throughout the building. The office furniture has arrived but is not yet installed in the offices. Staff believes that staff will be able to move back into their offices without doors sometime next week. The doors are still being fabricated; however, contract classes are scheduled for the Sycamore Room in September and staff will need to be onsite to meet the scheduling. VC/Owens said he received his copy of the California Parks and Recreation recently and was surprised to see an article about an award the City received in 2012 ,for Washington Street Park. CSD/Rose said that the award was from a Public Works professional organization. The City is a member of the organization and entered the project because of the storm water collection system technology. 2.4 List of Pending Commission Requests — Presented by CSD/Rose 2.5 Report on Meeting with Pony Baseball CSD/Rose reported that he and C/Herndon met with the Pony Baseball representatives on July 30. The main issue the Pony representatives were interested in was to enter into a "Lorbeer Middle School type of agreement where the City would do millions of dollars worth of improvements to their facility such as install lights, pave the parking lot and generally update the facility. CSD/Rose was very clear that the type of agreement they were seeking would not happen. In the meantime, the Pony people have found groups that will rent their facility and they are renting to private baseball organizations for tournaments and making about $1,200 a weekend renting out the facility. Apparently, the facility is booked for two or three weekends per month. Also, they have hooked up with Snoop Dog, now known as Snoop Lion who runs a youth football program and that group has been practicing at the facility and rents the facility. So Pony Baseball has revenue coming in to take care of their facility; however, they indicated they were interested in working with the Diamond Bar Foundation, should the Foundation want to work with different organizations in town for Monday through Friday dates. Staff believes that some of the local organizations would benefit from use of the facility during the months of August, September and October. C/Herndon said he would take the information to the Foundation for discussion. CSD/Rose said he felt not much would happen this year but could happen in the future. Staff will assist VC/Herndon in his efforts. Chair/Grundy asked if RS/McKitrick believed there was any value in the number of hours available at the Pony League Park and CSD/Rose said yes. RS/McKitrick was included in the research for the meeting with the AUGUST 22, 2613 PAGE 4 P&RCOAINUSSION Pony officials. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Roberto thanked staff for the reports. He asked if contract classes were trending upward and RS/Murphey said that the online registration is going well. Summer has ended and August is not a very popular registration month. She said she would report on the fall data at the next Commission meeting. C/Liang thanked staff for the very informative Power Point presentations. Last week he was at the Diamond Bar Center and the carpet looks great and the audio system works great. The lighting is very great and is pretty high-tech. Overall, the updates are very great and all of the meeting attendees are very happy to have their meetings at the Diamond Bar Center. VC/Owens thanked staff for the reports. He attended several Concerts in the Park and complimented the Volunteens on being very helpful and their assistance was well-received. He said the youth baseball picnic went well but it seemed attendance was down from last year. RS/Murphey believed there were four teams that did not attend which is probably two teams less than attended last year. VC/Owens said the attendees seemed to have a good time. Chair/Grundy said he was able to enjoy several Concerts in the Park and felt that everyone had a good time. During one of the Concert visits he walked through the rest of the park and was very. happy to see how nice the park looked. It is being well-maintained — particularly the playground area. He thanked staff for doing a good job as always and thanked them for the reports which help the Commissioners see what is going on. He asked if staff had any information about the NFL Stadium project and CSD/Rose said that perhaps in March 2014 after the next Super Bowl there would be some information forthcoming. CSD/Rose reported that the old Library building is being transferred from the Library Department to the Fire Department and will be used for office space with some of the Pomona personnel transferring to this site once the building is retrofitted. The message sign will remain and will continue to be programmed with Library and other City events. CSD/Rose said that according to RS/Murphey who checked the schedule for the LA County Fair, it shows that horse racing does not start until September 6 and Diamond Bar Day at the Fair is September 5. AUGUST 22, 2013 PAGE 5 P&R COMMISSION ADJOURNMENT: C/Roberto moved, VC/Owens seconded, to adjourn the Parks and Recreation Commission meeting. With no one objecting and no further business before the Parks and Recreation Commission, Chair/Grundy adjourned the meeting at 7:52 p.m. The foregoing minutes are hereby approved this. 21 day of October 2013. Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING SEPTEMBER 12, 2013 CALL TO ORDER: Chairman Mok called the meeting to order at 7:00 p.m. in the Diamond Bar City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Mahlke led the Pledge of Allegiance. ROLL CALL: Commissioners Ted Carrera, Liana Pincher, Peter Pirritano, Vice Chair Jen "Fred" Mahlke, Chairman Kenneth Mok Also Present: David Liu, Public Works Director; Sterling Mosley, Assistant Engineer; Christian Malpica, Associate Engineer (Traffic), and Marcy Hilario, Administrative Coordinator. INTRODUCTION — Sterling Mosley, Assistant Engineer/Public Works Department PWD/Liu introduced a staff member participating in the meeting. Assistant Engineer/Sterling Mosley has been with the Public Works Department since May, 2013; however, Mr. Mosley had assisted the department previous to his employment as a Contract Engineer. All welcomed Assistant Engineer/Mosley. APPROVAL OF MINUTES: A. Minutes of the August 8, 2013 Regular Meeting C/Carrera moved, C/Pirritano seconded, to approve the Minutes of the August 8, 2013 meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Carrera, Pincher, Pirritano, Chair/Mok NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Mahlke ABSENT: COMMISSIONERS: None SEPTEMBER 12, 2013 PAGE 2 T&T COMMISSION IV PUBLIC COMMENTS: None Offered. ITEMS FROM STAFF: A. Receive and File Traffic Enforcement Updates for: 1. Citations: June, July and August 2013 2. Collisions: June, July and August 2013 3. Street Sweeping: June, July and August 2013 VC/Mahlke stated she was surprised at how significantly lower the stats were. PWD/Liu responded that the street sweeping citation information is reflective of street construction activities thru-out the City, such as the slurry seal road maintenance project and major Edison infrastructure upgrades in the neighborhoods. During those instances, we coordinate with the CSO and ask that citations not be issued. C/Carrera asked if street sweeping continues even if citations are not issued. PWD/Liu responded as long as the street sweeper can gain access, the sweeper will follow its regular course. Construction debris pickup is the responsibility of the contractor. C/Pincher stated that the gardeners that service the condominium complex in her neighborhood are very diligent and do an excellent job of cleaning up; therefore, there does not appear to be any conflicts between trash pickup and street sweeping. VC/Mahlke moved, C/Pincher seconded, to receive and file the Traffic Enforcement Update reports for June, July and August 2013. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Carrera, Pincher, Pirritano, VC/Mahlke, Chair/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: A. Power Point Presentation of Traffic Management Center (TMC) and Traffic Management System (TMS) Update PWD/Liu stated that the Traffic Management System has existed since 2008. The Traffic Management Center was built into the new City Hall in January 2012. SEPTEMBER 12, 2013 PAGE 3 T&T COMMISSION The purpose of the Traffic Management System is to provide remote communication between traffic signals at major arterials and the City's Traffic Management System (TMS). This system is operated by managing the TMS, upgrading the system and managing the demand on the TMS. There are four major objectives that staff attempts to adhere to: 1) minimize the delays for residents entering the arterials; 2) maximize traffic flow for the arterials; 3) maximize safety for pedestrians and motorists that travel through the City and, 4) improve response times to address signal malfunctions to reduce maintenance costs. The TMS allows staff to observe all of the signal operations in real time while addressing the issues proactively; the system allows staff to review signal operation history through the diagnostic tools built into the system; make changes to the signal timings to accommodate traffic flow based on field conditions; and, when there are special events or incidents, the system allows staff to stay ahead of the curve. Housed in the Traffic Management Center is the central computer with monitors and traffic control software which is the brain that operates the entire system. In the field are the traffic signal controllers, firmware and cameras which are all tied back to the TMC through underground infrastructure/interconnect. All of the components of the system are interconnected and function as a unit. The system uses closed circuit TV cameras (CCTV cameras) which have the capability to pan, tilt, and zoom on a 360 degree basis. These are the traffic "eyes" of the system. The system also uses video detection cameras which are fixed location cameras used for detection purposes only. There are 16 locations throughout the City which include critical intersections that have large traffic volumes or have close proximity to schools. PWD/Liu explained that 15 years ago when the system was first contemplated, copper wire was used. In the last few years, fiber optics offers have greatly improved capacity and service. The interconnect system lies under major arterials throughout the City. The cabinets contain TV monitors under which sits the controller, two tiers of detection centers, the battery backup system and switches and relays. Battery backup systems are at a total of 19 locations at this time and more are planned. There are 72 signalized intersections in the City, not all of which will have battery backup systems. Chair/Mok asked if the entire cabinet has to be replaced in order to retrofit additional intersections with battery backup systems. AE/Malpica explained that the cabinets that do not have battery backup systems have their own power unit and space to allow for replacement with a battery backup unit. Chair/Mok asked if they were proprietary backup systems. PWD/Liu responded he did not believe they were which is why they can all fit. SEPTEMBER 12, 2013 PAGE 4 T&T COMMISSION The TMC also contains a video board with eight video displays/monitors which were built when City Hall moved to its present location. The purpose is to facilitate the viewing of the system map, the images coming from the CCTV cameras or any of the computer programs available. Daily operations of the TMC include reviewing the system logs to verify the signal operations in order to respond to timing complaints and operational issues. Staff wants to be responsive and feels it is best to do so by making sure that all data is reviewed on a regular basis and that the mitigation makes sense. Staff is also able to observe traffic flow through CCTV and the video detection cameras. Some of the most recent improvements and accomplishments include an almost seamless move from AQMD to the newly constructed TMC at City Hall and the City's ability to connect to the county -wide information exchange network (IEN), a critical component. By being part of the IEN, the City is able to exchange/share data with participating agencies to enable county -wide responses to major events. To date, only about 14 or 15 cities are on the system and the county hopes to see more cities participate. From the beginning, staff has worked with the County and the City has taken a very proactive approach with respect to how it sees itself within the regional picture. A few weeks ago, the City received word from MTA that we would receive a little over $1.4 million in Fiscal Year 2016-17 of the $1.8 million required to develop and implement an adaptive traffic control system. This is significant because no other cities the size of Diamond Bar have this technology. Diamond Bar is unique because it deals with regional freeway traffic. An Adaptive Traffic Control System is simply designed to work on auto pilot and respond instantaneously to changing conditions. As a result, many more sensors will be required to be placed in the pavements. This system does not require specific timing plans. It is a "smart" system that monitors everything second by second. Diamond Bar has a Traffic Responsive System that will be implemented by the end of the month which will, through pre -determined timing plans, provide a view of the City's three corridors, Grand Avenue, Golden Springs Drive and Diamond Bar Boulevard. Those three corridors will be divided into five sections so that within any given section, three specific timing plans will be developed. For example, when a major incident occurs in the afternoon that closes the freeway and spills traffic into Diamond Bar, there will be a surge of traffic going north on Diamond Bar Boulevard. The system will have established certain thresholds and when those thresholds are met, signalized intersections along Diamond Bar Boulevard between Brea Canyon Road and Grand Avenue will have its timing adjusted that favors northbound traffic which will be given preferential treatment to get through the City. Residential neighborhoods will suffer during the surge; however, it will provide a means to more quickly move traffic out of the City and restore residential traffic flow. SEPTEMBER 12, 2013 PAGE 5 T&T COMMISSION In developing the Traffic Responsive System, Diamond Bar Boulevard will be broken up into two sections; Golden Springs Drive will be broken up into two sections and Grand Avenue, will have only one Traffic Responsive System section to balance the traffic volumes. In September, the Traffic Responsive Plan will be implemented. When it comes to an Adaptive Traffic Control System, this system is instantaneous and requires only one timing cycle with each timing change for the Traffic Responsive Plan and once the thresholds have been met, it will take two or three timing cycles before the timing plans are implemented. Some of the ongoing/current improvements to the Traffic Management System include installation of 16 CCTV's, equipping 19 intersections with Battery Backup Systems. During this current fiscal year, 15 more locations will be added. As part of the CIP for this year, traffic signal upgrades will be implemented such as upgrading the wiring, cable, conduits, etc. As a result of the Traffic Signal Operation and Maintenance Plan, upgrades will be looked at very comprehensively so that staff can determine deficiencies and how to maintain all of the necessary parts of the system. This will ensure the City's Traffic Management System continues to provide the City continued assistance and carry on the lifecycle of the City's assets. Recently, staff was approached by the L.A. County Public Works Department about working with CHP and the L.A. County's Sheriffs Department to develop an incident management protocol between cities and the county. There will be several years of upgrades that will take place. It will take about three years to replace all of the copper communication lines for a cost of about $1 million. In summary, the DBTMS enhances the mobility and improves efficiency by coordinating management of traffic operations and maintenance efforts. Public safety is a top priority for the City for which this tool has been implemented. Staff hopes to demonstrate that we take a very proactive approach to managing and maintaining the City's traffic. We are timely with our responses to complaints and incidents and implement ongoing efforts to minimize delays in the City's congestion. We understand that this is a very serious undertaking that will continue to preserve a good quality of life for the community. Regional traffic continues to be a major challenge for Diamond Barwhich requires substantial resources and partnering with all stakeholders. C/Carrera asked if all copper and fiber communication lines were city -owned and he wondered if there was any advantage over leasing communication lines. PWD/Liu replied that a lease option was considered; however, the City felt that the existing conduits owned by other companies do not present the best interests of the City. Their priorities are different and their work is very focused. The City decided it wanted to have 100 percent control over the system and its destiny. SEPTEMBER 12, 2013 PAGE 6 T&T COMMISSION C/Carrera asked how long the Adaptive Traffic Control System would take to implement once the funding is received. AE/Malpica responded about six to nine months including field work. RECESS: RECONVENE: RECESS: Chair/Mok recessed the meeting to the Traffic Management Center at 7:57 p.m. Chair/Mok reconvened the meeting at 8:02 p.m. in the Traffic Management Center (TMC) AE/Malpica presented information regarding the TMC monitors including CCN and detection cameras. There are a total of eight (8) monitors bn the video wall. He explained that two (2) monitors illustrate an information exchange network (IEN) with L.A. County. Data can be viewed and exchanged; however, there is no ability to interact or control the County's traffic signals. A monitor continuously displays the Sigalert application to monitor freeway traffic and possible impacts to City streets with traffic overflow. AE/Malpica gave a demonstration of the camera mobility at an intersection and showed the various angles that can be viewed. There is also the ability to view intersections graphically to address any issues that require programming attention. This enhances the efficiency in adjusting timing and detection. He explained that timing plans of traffic signals throughout the City are set according to the time of day. One of the monitors displays the signal mode at any given time of day. Another feature of the TMC is the ability to generate reports with a detailed history of timing, failures, and a split logger. The split logger can run reports for specific dates and time. Chair/Mok asked if the system records data. AE/Malpica responded that the system does not record and there is no plan to implement that feature. While no video images will be stored, reports will be kept for three (3) years to address any relevant inquiries. PWD/Liu shared that with certain traffic signal malfunctions, both he and AE/Malpica receive email messaging alerts on their mobile phones. Furthermore, he and AE/Malpica have the ability to access the TMC remotely to apply adjustments, if required. The Commissioners were very impressed with the TMC and commended staff for their diligent efforts. Chair/Mok recessed the TMC tour at 8:21 p.m. back to the Regular Meeting. RECONVENE: Chair/Mok reconvened the Regular Meeting at 8:25 p.m. SEPTEMBER 12, 2013 PAGE 7 T&T COMMISSION C/Carrera moved, C/Pirritano seconded, to Receive and File the Traffic Management Center and Traffic Management System Update. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: V. NEW BUSINESS VI. COMMISSIONERS: COMMISSIONERS COMMISSIONERS None STATUS OF PREVIOUS ACTION ITEMS VII. ITEMS FROM COMMISSIONERS: Carrera, Pincher, Pirritano, VC/Mahlke, Chair/Mok None None None C/Carrera said he was thoroughly impressed with the TMS and the Center. He did not understand why other cities and entities would not want to participate because it seems that a problem in one city can affect other cities if they are not part of the network. Chair/Mok asked about the eastbound SR -60 exit at Brea Canyon Road that exits onto Golden Springs Drive. One day last week, he experienced an unusually long delay exiting onto Golden Springs Drive. He noticed that the signal stayed red for a long time. AE/Malpica responded that the issue of the signal not performing as it should be was brought to staff's attention. Once staff was informed about the problem, the traffic signal contractor was contacted and they replaced the software to alleviate the problem. C/Pirritano shared that he was at Lavender Drive and Grand Avenue and experienced a delay at the signal which seemed to be stuck on red for Lavender Drive traffic and remained green for Grand Avenue both north and south. He eventually decided to make a right turn and then a u -turn to go back down Grand Avenue. AE/Malpica responded that it might be a detection issue. Last month, one of the existing detection cameras had to be replaced due to a similar issue. AE/Malpica said he would look into what happened at about 7:00 a.m. on Tuesday morning during the time C/Pirritano experienced the problem. Chair/Mok asked if the cameras were cleaned on a regular basis. PWD/Liu affirmatively responded. That could contribute to the problem as well. AE/Malpica added that the contract calls for annual cleaning; however, if he notices that the cameras are dirty, he will ask the technician to clean them. Spider webs can also interfere; therefore, staff tries to clean the cameras on an as -needed basis. SEPTEMBER 12, 2013 PAGE 8 T&T COMMISSION Vlll. INFORMATIONAL ITEMS: A. CCTV Project AE/Malpica reported that the consultant was able to make progress this week by boosting the channels and increasing the bandwidth from five bits to 15 bits for images from the CCTV cameras along Diamond Bar Boulevard, south of Grand Avenue. One of our consultants is currently looking at the cameras on the north side of the City experiencing lower bandwidth issues as well, which may have something to do with some unplanned power issues. B. Median Project at Grand Avenue and Summitridge Drive/Diamond Bar Boulevard at Silver Hawk Drive AE/Malpica stated that bids were opened on August 26th for both median projects. The scope of work is to retrofit the existing medians by realignment to improve the line of sight for both directions. Six bids were received with a low bid submitted by Tyner Paving Company for both projects. The low bid for Grand Avenue and Summitridge Drive was $28,285.20 (engineer's estimate $43,000.00) and a low bid for Diamond Bar Boulevard at Silver Hawk Drive was $35,659.55 (engineer's estimate $36,200.00). Staff received good feedback information when the contractor's references and license were checked; therefore, the recommendation will be taken to City Council next Tuesday to award the contract. C. Traffic Signal Operation and Maintenance Master Plan AE/Malpica reported that staff reviewed the latest report and provided comments to the consultant. The plan is scheduled to be completed by the end of September with implementation of recommendations shortly thereafter. D. Diamond Bar Traffic Responsive Plan/System AE/Malpica indicated that the purpose of this system is to address some of the surge traffic detouring through City streets in the event of any incidents/accidents or freeway shutdowns. Staff and consultants conducted a test last week and were able to witness the system in action. The consultant is working to fine-tune the system at this time in order to retest the system in sections next week. E. ACE Fairway Grade Separation Project AE/Malpica stated that staff submitted the peer review of the project back to ACE. The consultant's review asks ACE to look into traffic impacts and recommended mitigation measures that are foreseen within the City's jurisdiction. Construction is scheduled to begin by the end of 2014. SEPTEMBER 12, 2013 PAGE 9 T&T COMMISSION F. Area 1B/Zone 7 Roadway Maintenance Project Assistant Engineer/Mosley reported that manhole adjustments are approaching conclusion with the contractor continuing on the last neighborhood south of Grand Avenue in the Quail Summit Drive area. The contractor will continue with striping next week to complete legends, bike lanes, pavement markers and a second coat of striping. G. Southern California Edison Infrastructure Upgrades Assistant Engineer/Mosley stated that International Line Builders (ILB), Edison's contractor, continues construction of upgrades in the neighborhoods surrounding Diamond Point Elementary School along Bower Cascade Place, Minnequa Drive and Del Sol Lane. ILB has completed trenching work in the public right-of-way and is now entering the restoration project phase. This work is scheduled to be completed in late September. Once all of the work is completed in all neighborhoods including Mountain Laurel Way and Sunset Crossing Road neighborhoods, the' contractor will be responsible for restriping all legends and crosswalks. Chair/Mok asked if (Item F) the Golden Springs Drive area was on -schedule. Assistant Engineer/Mosley responded that the pavement restoration has been completed along Golden Springs. Drive and currently the second coat of striping is being completed. VC/Mahlke asked about the application of striping. Assistant Engineer/Mosley explained that it takes seven (7) days for the first coat to dry and fully cure before the contractor can come back to apply the second coat of paint. C/Pincher asked if the City plans to move forward with tree removal on Morning Canyon Road where the trees are lifting the road. She shared that it appears the "speed bumps" have been removed. PWD/Liu responded that a temporary fix including removal of the bumps in the road was just completed. The project is budgeted in this year's CIP; however, with any given project, the plans and specifications have to be developed, which will take time. Staff feels it would be best to work on that project next summer versus the balance of the next few months, primarily due to school traffic and traffic in general. In addition, staff will need to communicate the intent and scope of work with residents because the project involves removal of a number of trees. Assistant Engineer/Mosley reiterated this is a temporary fix, however, he is currently working on an RFP for design services and construction management services for that project which involves a long-term fix. SEPTEMBER 12, 2013 PAGE 10 T&T COMMISSION IX. SCHEDULE OF FUTURE CITY EVENTS: As stated in the agenda. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Mok adjourned the meeting at 8:50 p.m. The foregoing minutes are hereby approved this 10 day of ftbADL 2013. Respectfully, Davi . Llu, Secretary Attest: L � Chairman Kenneth Mok Agenda No. 6.4 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 24, 2013 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lin led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ashok Dhingra, Frank Farago, Jimmy Lin,. Vice Chairman Tony Torng Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and Vice Chairman. C/Farago nominated C/Torng to serve as Chairman of the Planning Commission. C/Lin seconded the nomination. There were no other nominations offered. Roll Call vote: Farago Yes Lin Yes Dhingra Yes Torng Yes Chair/Torng nominated C/Farago to serve as Vice Chairman of the Planning Commission. C/Dhingra seconded the nomination. There were no other nominations offered. Roll Call vote: Chair/Torng Yes Lin Yes Farago Yes Dhingra Yes SEPTEMBER 24, 2013 PAGE 2 PLANNING COMMISSION MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Stephen Rogers, 820 Church Street, Redlands, CA, requested that C/Shah resign, for conduct unbecoming of a public official to avoid any further embarrassment to the City of Diamond Bar. He read an email he sent to his former partner, Fred Alamolhoda, consultant with the City of Diamond Bar, on June 9, 2013, with a copy to the City and C/Shah. He also engaged ACM/Doyle and Council Member Herrera about the perceived inappropriate consultant/public official relationship involving Mr. Shah's work for the City of Moreno Valley and Alameda Corridor East Construction Authority with participant agency City of Diamond Bar and including a representative of Sanbag seated on the ACE Board. This relationship has had a significant negative impact on his opportunities for employment as a professional civil engineer practicing in Southern California since Mr. Shah was working for his co -partnership, Municipal Engineering Resources (MER) beginning in late 2006. ACA/Eggart stated that there would be an opportunity for Commissioners to respond at the end of the agenda. 4. APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the August 27, 2013, Regular Meeting. C/Farago moved, C/Lin seconded, to approve the August 27, 2013, regular meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 6. OLD BUSINESS: 7. NEW BUSINESS COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None 8. CONTINUED PUBLIC HEARING(S): Lin, VC/ Farago, Chair/Torng None Dhingra Shah 8.1 Development Review and Tree Permit No. PL2012-475 — Under the authority of Diamond Bar Municipal Code (DBMC) Section 122.48, the applicant, Jack Wu and property owner, Justin Chine, requested SEPTEMBER 24, 2013 PAGE 3 PLANNING COMMISSION Development Review approval to construct a 573 square foot third story addition to an existing single family residence on a 1.6 gross acre (69,696 square foot) lot. A Tree Permit was requested to remove three Coast Live Oak trees and one Black Walnut tree to be replaced ata 3:1 ratio. The subject property is zoned rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential (Continued from August 27, 2013) PROJECT ADDRESS: PROPERTY OWNER 23223 Ridge Line Road Diamond Bar, CA 91765 Justin Chine 2880 Woodbridge Court Diamond Bar, CA 91765 APPLICANT: Jack Wu 10410 Lower Azusa Road #203 EI Monte, CA 91731 CDD/Gubman reported that this matter was previously heard at the August 27, 2013, Planning Commission meeting at which time the matter was continued to this date to allow the project designer to consult with the property owner who was absent from that evening's meeting regarding removal of terraced retaining walls to create a buildable rear yard pad. The applicant contacted staff earlier this month and asked for additional time to consider revising the plans. Staff does not have a specific date to reschedule this matter; therefore, staff recommends that this matter be continued to a date uncertain. Surrounding property owners will be notified of the future commission date that will be determined. The public hearing remains open. There was no one present who wished to speak on this matter. VC/Farago moved, Chair/Torng seconded, to continue to a date uncertain, Development Review and Tree Permit No. PL 2012-475. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, VC/ Farago, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah SEPTEMBER 24, 2013 PAGE 4 PLANNING COMMISSION 91 PUBLIC HEARING(S): 9.1 General Plan Amendment Zone Change Development Review, and Variance No. PL2011-201 — Under the authority of DBMC Sections 22.48, 22.54 and 22.70, the applicant, JWL Associates and the property owner/trustee, James Chin Chou, requested a General Plan Amendment to change the General Plan land use designation from Medium Density Residential (RM) to Commercial/Office (CO); a Zone Change to change the, zoning designation from Neighborhood Commercial (C-1) to Office Professional (OP) to bring the General Plan land use and zoning designations on the subject property into conformance with each other; Development Review approval to construct a 4,400 square foot three-story professional office building on a 11,225 gross square foot (0.26 acre) lot, and, a Variance request to allow the encroachment of a loading space in the front setback. PROJECT ADDRESS:, 1111-1149 N. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: James Chin Chou, Trustee 1359 Bentley Court West Covina, CA 91791 APPLICANT: JWL Associates 1221 S. Hacienda Boulevard Hacienda Heights, CA 91745 CDD/Gubman stated that after this item was advertised and public hearing notices were sent out, staff was notified by the applicant who requested a continuance to make additional revisions to the plans. The applicant has not requested a specific date and it is staff's recommendation that this matter be continued to a date uncertain. Notices will be resent once the matter is rescheduled. Chair/Torng opened the public hearing. Felino Bautista, 1141 Flintlock Road, read statements from Victor and Nancy Bermudez and Reverend and Mrs. Johnson, residents adjacent to the project site, in opposition to the project. SEPTEMBER 24, 2013 PAGE 5 PLANNING COMMISSION A speaker who lives across from Soltaire which faces the proposed project said he too opposes any construction in the area because it would be an inconvenience in terms of traffic which is primarily a residential area. In addition, there are several businesses in the area that are not being used to the full extent so adding an additional set of commercial businesses will not satisfy the needs for Diamond Bar and the neighborhood in terms of the degradation of property values. He strongly opposed any construction in this area. C/Dhingra moved, C/Lin seconded, to continue General Plan Amendment, Zone Change, Development Review, and Variance No. PL2011-201, to a date uncertain. C/Lin asked if notices would be sent to the residents and CDD/Gubman reiterated that notices would be sent to the residents again with the date and time. C/Lin asked if the City notified neighbors of the continuance of this item. He was -concerned that they were present tonight without any notification that the item would be continued. CDD/Gubman responded to C/Lin that staff cannot make the decision to continue a matter because that is the Commission's decision; however, the posted agenda stated that staff would be recommending a continuance 9.2 Development Review and Variance No. PL2012-399 — Under the authority of DBMC Sections 22.48 and 22.54, the applicant Rick Dirksen and property owner Sandeep Shah, requested Development Review approval to construct a new single family residence consisting of 8,063 square feet of livable area; two garages totaling 1,000 square feet; and 2,284 square feet of patio areas on a 5.57 gross acre (242,628 square foot) lot. A Variance was requested to allow two driveways in the front yard. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: PROPERTY OWNER: 2205 Rusty Pump Road Diamond Bar, CA 91765 Sandeep and Ahju Shah 6397 Rhodes Lane Riverside, CA 92506 SEPTEMBER 24, 2013 PAGE 6 PLANNING COMMISSION APPLICANT: Rick Dirksen 9461 Hughes Drive Corona, CA 92883 AP/Tobon presented staff's report and recommended Planning Commission approval of Development Review and Variance No. PL2012-399, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Torng opened the Public Hearing. Rick Dirksen, applicant, thanked planning staff members who were exceptionally helpful and especially AP/Tobon. Chair/Torng asked if Mr. Dirksen read staff's report and concurred with the conditions of approval to which Mr. Dirksen responded that the conditions have been reviewed and the project is in compliance with all of the conditions. Sandeep Shah, property owner, thanked the Commission for entertaining this project and said he would be happy to answer any questions. This project took two years to design and would not have considered a variance unless it was absolutely necessary. He thanked the Commission for its consideration. Chair/Torng closed the Public Hearing C/Lin moved, C/Dhingra seconded, to approve Development Review and Variance No. PL2012-399, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Dhingra, Lin, VC/ Farago, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 10. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: C/Dhingra said it was a privilege and honor to be appointed to the Commission and he looks forward to working with his colleagues and staff on upcoming projects and ordinances. He is very excited to serve the City. SEPTEMBER 24, 2013 PAGE 7 PLANNING COMMISSION C/Lin took exception to the accusations levied by the public speaker because his accusation is false and knows about C/Shah's public service. C/Farago welcomed C/Dhingra to the Commission. He asked for an update on the Shell station. CDD/Gubman responded that work has recommenced on the site. The concrete/asphalt flatwork has been demolished to address existing drainage problems as well as other problems with the flatwork. Yesterday the building passed a lathe inspection. Today concrete was being poured to provide the new surfacing on the site and the projected completion date is anticipated to be about the middle of October. The property has been listed for sale and staff expects the transaction to close expeditiously. When the building is complete it will be in a turnkey condition with respect to fuel pumps; however, the interior of the convenience store will be left in its initial condition so that the future owner can improve it to their specifications. The building is being marketed as a Shell branded gasoline station and staff's understanding is that the franchise agreement with Shell has been salvaged and will be a Shell branded station when it reopens. Chair/Torng thanked everyone for their trust and support in selecting him to Chair the Planning Commission. He is much honored to serve. Chair/Torng welcomed C/Dhingra to the Planning Commission. Chair/Torng asked for advice on how to resolve the situation between the speaker and C/Shah. CDD/Gubman responded that in most cases it is probably more prudent to allow the public comments which are time-limited to run their course and have them on record in the adopted minutes. Whether there is anything that can be done to suppress certain public comments is a matter he will defer to legal counsel. ACA/Eggart stated that the specific issue raised by the speaker is not something that is within the Planning Commission's jurisdiction so it would not be appropriate for the Commission to take formal action. 11. STAFF COMMENTS/INFORMATIONAL ITEMS: 11.1 Public Hearing dates for future protects. CDD/Gubman, on behalf of staff, welcomed C/Dhingra to the Commission. Staff has had the opportunity to work with Commissioner Dhingra while he was still a civilian and staff is glad to have him aboard. As C/Tye said upon C/Dhingra appointment, the City had a major void to fill with Steve Nelson's absence. Steve had 13 years of Planning Commission experience and the City happened to find someone who brings 16 years of experience from his prior city of residence of San Dimas. So the City and the Planning Commission has someone who is seasoned and experienced and will be a great complement to what is already an exemplary SEPTEMBER 24, 2013 PAGE 8 PLANNING COMMISSION Planning Commission. CDD/Gubman said as always, he looks forward to continuing to work with all of the Commissioners. Congratulations to Chair/Torng upon his reappointment for a third term as Chairman. Congratulations to VC/Farago on his appointment. Staff is ready to answer any questions on procedural matters should VC/Farago need to fill in for Chair/Torng. CDD/Gubman stated that with respect to the Commission's recommendation for Council adoption of the General Plan Amendment and Zone Change for the Tres Hermanos property as part of the City's Housing Element implementation, the City Council heard the matter on September 3 and by unanimous vote adopted the Resolution Certifying the EIR, the Resolution adopting the General Plan Amendment and the Ordinance on First Reading for the Zone Change and Code Amendment. The Second Reading took place on September 17 so the Zone Change will become effective 30 days hence on October 17. Staff is working on the Housing Element for the upcoming housing cycle and will be scheduling a study session as .that effort moves forward which will likely take place the first or second meeting of November 2013. The Commissioners will be provided with appropriate materials well in advance of the study session. CDD/Gubman further stated that the October agenda is relatively robust. There are three agenda items including Americas Tire Company building proposed at the northwest corner of Cold Spring Lane and Diamond Bar Boulevard which was previously a Mobil (sic) Station; another new single family residence on Falcons View, and the development plans for Site D. Site D is in escrow to be purchased by Lennar Homes and the plans call for 182 new units as well as, a park to be dedicated to the City which was one of the Specific Plan requirements. Collectively, the Planning Commission will be considering the Tentative Tract Map, Design Review application and a Tree Permit (to address removal of protected trees). Staff will prepare an extensive report that will contain a lot of backup material which is currently being worked on in an effort to provide the Commissioners sufficient time for review prior to the meeting. Chair/Torng asked how long the City Council meeting lasted for consideration of the zone change. CDD/Gubman said it lasted maybe an hour or less. Chair/Torng suggested that all of the Commissioners visit the site for proposed project on agenda item 9.1 (1111-1149 N. Diamond Bar Boulevard). CDD/Gubman said that item would not be on the October 8 agenda. SEPTEMBER 24, 2013 PAGE 9 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the regular meeting at 7:53 p.m. The foregoing minutes are hereby approved this 8th day of October, 2013. Attest: Respectfully Submitted, p C�1 fi �Gub Community Development Director Thy orng,hairman - CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6 _ 5 Meeting Date: November 5, 2013 AGENDA REPORT FROM: James DeStefano, City Mana(VT--p TITLE: Ratification of Check Register date October 10, 2013 through October 30, 2013 totaling $ 1,626,885.63 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 1,626,885.63 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 October 10, 2013 through October 30, 2013 for $ 1,626,885.63 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Fua Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 10/10/13 through 10/30/13. 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 October 10, 2013 through October 30, 2013 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Prop A - Transit Fund Prop C - Transit Tax Fund Integrated Waste Mgt Fund AB2766 - Air Qlty Mgt Fund Comm Dev Block Grand Fund LLAD 38 Fund LLAD 39 Fund LLAD 41 Fund Capital Imp Projects Fund Signed: &al(��� Dianna Honeywell Finance Director Amount $949,929.35 $15,951.37 $62,662.31 $26,597.79 $20,000.00 $2,424.00 $29,654.68 $22,049.37 $10,966.99 $486,649.77 $1,626,885.63 U 0 0 0 0 0 v 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 O h �D 0 0 0 0 0 0 0 0 O 0 O 0 Yl RJ O ID [O b N lO O O O O b N O O 0 N 0 N 0 N 0 M 0 N 0 N t0 M O N O N (O M O N O N (D M O N O N (D M O N O N t0 M O N O N (O M O N O N (O M O N O N fp M (O M O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O > LLzZZLLZZLLzzLLzZLLZZLLZZLLZZLLZZLLzzzLL o O C7 0 w w w LL 2 ¢❑¢¢❑¢❑ N M w w w LL 2 a N M w w w LL> 2 m N U o� a O M w w w LL O M w w w LL> 2 ¢ O N U O a w w w w 2 w w w LL> 2E ¢a M N N U o M C7 w w w LL 2 ¢ M M w w w LL> 2 ¢a¢¢❑Go N C) U O:5 V M CL w w LL V M w w w LL> 2E N z Z 0 U o:5 a r Z w w w LL ¢ r Z w w w LL> 2 N w C) U o d V M w w w w w 2�E Y M w a w w w> ¢❑Ca¢¢¢a N w L) U o�i a M c2 w a w w LL ¢ M` M w a w� w LL> A N w U o V M w OF w w w V c2 w w w w LL O M w a w w LL> �E N M N w a U o a 0 z 0 z 0 z U z O z 0 z 0 z U z U z O z 0 z 0 z U z U z U z 0 z 0 z 0 z 0 z U z U z U z 0 z 0 z 0 z U z U z 0 z 0 z 0 z 0 w w w Z_ 0 w w w z_ M w w w z_ M of W W Z N w w w Z_ N w w w Z_ 0 w w w z_ N w w W z_ 0 w w w z_ to w w w Z N w w w Z 0 w w w Z M w w w Z 0 w w w Z_ M of w w z_ N w w w Z_ N w w w Z_ N w w w Z_ M w w w z_ M w w w z_ M Of w w Z_ N w W w z_ 0 w w w Z 0 w w w Z 0 w w w Z M w w w Z 0 w w w Z_ w w w w Z_ N w w w Z_ N w w W z _ Z W Z w Z W _ Z w z w Z w Z w z W z w z w z w Z w Z W Z w Z w z w z w Z w Z w Z w z w z w Z w z w Z w z w z w z w z w Z 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 J In Z 0 0 J Z z 0 o J M Z 0 U J N Z 0 U J In Z 0 o J M Z 0 U J N Z 0 o J N Z 0 U J N Z 0 U J N Z 0 o J M Z 0 U J z Z 0 o J N Z 0 o J N Z 0 U J N Z 0 o J N Z 0 0 J N Z 0 o J N Z 0 U J to Z 0 U J N Z 0 o J N Z 0 o J N Z 0 U J N Z 0 U J to Z 0 o J N Z 0 0 J M Z 0 o J N Z 0 U J N Z 0 U J to Z 0 o J z Z 0 U U w z > ❑ o w z > ❑ U w z > ❑ U w z > ❑ o w z > ❑ o w z > ❑ U w z > ❑ U w z > ❑ U w z > ❑ o w z > ❑ U w z > ❑ U w z > ❑ U w z > ❑ U w z > ❑ o w z > ❑ 0 w z > ❑ o w z > ❑ U w z > ❑ U w z > ❑ U w z > ❑ o w z > ❑ U w z > ❑ U w z > ❑ o w z > ❑ 0 w z > ❑ o w z > ❑ U w z > ❑ o w z > ❑ 0 w z > ❑ 0 w z > ❑ v N O M M M M M M M M M M M M M M MM M M M M M M M M M M M M M M O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 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 w w w w v O I� U 111 r m o 0 0 0 0 o r v co o v o 0 0 o m m w M N F» eJ co r M Efl fA fIJ ffl 43 V3 Efi E9 o r m o 0 0 0 0 0 r O o co o v o 0 0 o O m m iP O (O O r O O N O l0 V M tp fp r O In � V O O O N r N N (O V M M O O N O O O N O O O O O N M r N O O r N N N N O M O tCl � M M M 0 0 0 0 0 0 0 o v o 0 0 0 0 0 0 0 0 0 z r O z Q U Z Q z H 0 U LL U K U ❑ W y x z W w m W K m CL U x❑ z a ❑ w z v o >> a o w > > QO M o o w 0 N M w J N H w ❑ U U K a w z (DCD Ja o w � C w ¢ Q D = x CL fn d LL d' � LL LL M z z LU N N U z z U z Z❑Z z z Z Z — — O O F U) F- E U N w w Z O O O U O U U x K LL 7 7 K OJ z z LU Q Z 7 0 F = Q w < Z O w Q m m U � < m m z ° ° 0 w w vQ d' i- r � m w m J m w aU w a, 0 w w w w w U W K Q Q Q M m m m m m O N M m m m m m o 0 o O O O O O O O O O O O M M M M M M M M M M M M O O O O O O O O O OO O N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O 0 M UJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M M M (O f0 f0 (O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v a v v v a v h O N Yl 4[l 4n � N N N N N N N Z F W = z ❑ U Z W? 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I- N N U U W W W W O N ¢ O= Q O N ¢ �3 J WQ > N 0 N 0 N zzQ z a za z z F I- I- J J J J) J J J J J 0 0 0 0 0 K K QL C� m } Y Y Y Y Q Q Q Q a a a a a cc af (If 0� N N N N N za Q zQ za z¢ QzQ r I- r r F - J J J J J J J J J J 0 0 0 0 0 K CL w K w } Y Y Y Y Q Q Q Q¢ a a a a a D7 O N O r r ^ n N r n N d N N d r M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O LO N N m (0 a CITY COUNCIL �oReaR�N, r TO: Honorable Mayor and Members of the City Council A(` VIA: James DeStefano, City Man r i TITLE: Preliminary Treasurer's Statement, September 2013 RECOMMENDATION: Approve the September 2013 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date: 6.6 Nov.5, 2013 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 12-13 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized, a revised September treasurer's statement will be presented to the City Council for approval. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: Dianna L. Honeywell— Finan Directo Dave Doyle - AssistAht City Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF September 30, 2013 (Preliminary) BEGINNING CASH BALANCE $24,468,373.10 CASH RECEIVED Cash Receipts $976,326.57 Total Cash Received $976,326.57 $25,444,699.67 Checks Written ($2,079,229.48) Payroll Transfers (360,329.70) Wire Transfers 0.00 Returned Checks (914.01) Charge Card Fees & Other Adjustments (3,452.49) Total Expenditures ($2,443,925.68) CASH BALANCE AS OF: September 30, 2013 $23,000,773.99 TOTAL CASH BREAKDOWN Active Funds General Account ($228,401.39) Payroll Account $50,000.90 Change Fund $1,000.00 Petty Cash Account $500.00 Cash With Fiscal Agent $3.20 Unamortized Discount on Investments $4,282.59 Total Active Funds ($172,614.70) Investment Funds: Local Agency Investment Fund $5,096,500.43 Corporate Floating Rate Notes $749,567.02 Federal Agency Callable $10,051,615.44 Bank Negotiable CDs $6,446,534.95 Wells Fargo Advantage Money Market Fund $829,170.85 Total Investment Funds $23,173,388.69 CASH BALANCE AS OF: September 30, 2013 $23,000,773.99 Average Yield to Maturity 0.801% FY2013-14 Year -To -Date Interest Earnings $43,286.16 FY2013-14 Budgeted Annual Interest Earnings $180,950.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of September 30, 2013 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Local Agency Investment Fund $5,096,500.43 21.99% 1 1 0.244 Federal Agency Issues - Callable $10,051,615.44 43.38% 1,566 545 0.895 Negotiable CD's - Banks $6,446,534.95 27.82% 1,433 1,024 1.230 Wells Fargo Sweep Account $829,170.85 3.58% 1 1 0.010 Corporate Floating Rate Notes $749,567.02 3.23% 931 757 0.501 Total Investments and Averages $23,173,388.69 100.00% 1108 546 0.801 TOTALS $23,173,388.69 100.00% N/A N/A N/A MONTH ENDING FISCAL YEAR -TC September 30, 2013 2013-14 TOTAL INTEREST EARNED $14,597.10 $43,286.16 I certify that this report accurately reflects all City pooled investments Jarfas Destefan and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. 10/29/2013 Date Page 1 UN U N o 0 i m N o uoi o° v`Oi a mlo 42 v o o m 0 0 0 0 voi o o c6 ui r of 0 o V 0 I N o m a d U E m ¢ � U d o m ¢ o m C a b N W O N UI o a a> o C J LL Z > LL N N 0 0 m 0 3 m r r m r m r m m m m m m m r m m m m pa:.m. .eeee.ae mommmooIosaeeeeeqacq 9 zea R asa a`s e 000000000sae=esee9 C� I N O O O m Om] Op O O O Cr O COJ tm+l 0 0 0 . o 0 0 o.. o 0 0 o n o ei o 0 0 0 o m m o O m N O o 0 0 0 o m moo o m o m r O O n M O O O O m O �[1 O m O T OI N O O T W O O O O W O.. p O P O m rn m o m m o 0 0 o m o m a o o u� o O O O m N YOl N O O O m O m N (Mp p Gi m Oi m ........... . . Nrhnn.. 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M M M m m m m m m m m M M M M M M m m P N m N 0 O b n N m m 0 0 0 O v m m r P m m r m Jp Q m N N N N N N N N N O m � m U m a � O N m m M m n P N m � O O O m R W lmp N m� (PO � n m r m M m m m O Nm N N m N N N m o _ m m n m m m a 0 0 0 0 0 0 0 0 0 O O O m O O m O N M O n m OI r m (V 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 0 0 0 0 0 0 0 0 0 0 0 m W Ri m W W W Oi N N N N N N N N N m W m T N ID O M M Oi OJ cJ O P Gi N W of � ci o - ao ao o N N N N N N N N N 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 p o 0 0 0 0 0 0 0 0 0 0 0 0 0 ro of ai m ai m m m P P P V P C P P P N N N N N N N N N 0 0 0 0 0 0 0 0 N N N N N N N N N � v n W o 0 0 0 0 0 0 m N m P M r m o N 0osao00os 0 0 0 0 0 0 0 0 � m U m a � O N m m M m n P N m > > u2.>>YSvLLiw Oj O m R W lmp N m� (PO � K M C d E M LM £ y G 'C N > N O M c r M M N i 30 E4 w O d E O to G 'I,C N v 0 (n L O 0. tC a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N o . 0 0 . 0 0 0 o . m . o 0 . . 0 0 0 0 e^_i9o:o-aoeo8=e e - R O N N O O N N N N N O VI O YI O m O V h r f Co m r a n a o � � � o � a .= o 0 0 0 o o 0 0 0 a 0O o 0 oO o 00 0 0 0 Oo0 0 0 0 0 oO O O O O O O O OO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ..... ro . m m ro ro ro m of ai a a a a a a v e e e e a e e e a a N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N C> N 0 . 0 0 . 0 0 0 0 0 0 0 0 . 0 0 0 0 0 i Fig M n ro N W e r m N N 0 n O N n N O O O O O O O N 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O C1 U d N m a m Y Q> U N Z Y U 2 0 m Q 2 Y �- Y Z m m d Q m e rn m m m e o o W2 0 O� r (O N e a N N N ON N e N O a ry is i Fig M n ro N W e r m N N 0 n O N n N O O O O O O O N 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O C1 U d N m a m Y Q> U N Z Y U 2 0 m Q 2 Y �- Y Z m m d Q m e rn m m m e o o W2 0 O� r (O N e a N N N ON N e N O a ry CITY COUNCIL Agenda # 6 . 7 Meeting Date: November 5, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma' a a r TITLE: SECOND READING OF ORDIN NCE NO. 11(2013): AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE D MOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORMWATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 11(2013). FINANCIAL IMPACT: The costs for the implementation and maintenance of Best Management Practices (BMP's) associated with the provisions of the proposed ordinance for development or re -development projects will be borne by the developer/property owner. BACKGROUND/DISCUSSION: At the October 15, 2013 City Council meeting, the City Council approved the first reading of Ordinance No. 11(2013) which revised the City's Standard Urban Stormwater Mitigation Plan (SUSMP) Requirements and amended the Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code. The Municipal Separate Storm Sewer System ("MS4") Permit (Order No. R4- 2012-0175), hereinafter referred to as "Permit", was adopted by the California Regional Water Quality Control Board ("Board"), Los Angeles Region on November 8, 2012. The City is a permittee under the Permit issued by the Board, which establishes waste discharge requirements for MS4 discharges within the coastal watersheds of Los Angeles County, except discharges originating from the City of Long Beach. The MS4 Permit requires Permittees (Cities) electing to prepare a Watershed Management Program or an Enhanced Watershed Management Program to "demonstrate that there are 1 Low Impact Development (LID) ordinances in place and/or commence development of a LID ordinance(s) meeting the requirements of this Order's Planning and Land Development Program". To lessen the water quality impacts, Low Impact Development "consists of building and landscape features designed to retain or filter stormwater runoff'. These treatment systems work to reduce pollutant levels from their associated drainage area to improve the quality of runoff. The installation of these treatment systems can be low-cost and generally require low -maintenance, often being incorporated into the onsite landscape theme. Upon approval of the second reading, the amendment to the City's Municipal Code and LID Ordinance will be effective December 5, 2013. PREPARED BY: DATE PREPARED: Kimberly M. Young, Associate Engineer October 22, 2013 REVIEWEY: David G. Liu, DfFector of Public Works Attachment: Ordinance No. 11(2013) 2 ORDINANCE NO. 11 (2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO STANDARD URBAN STORM WATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID) STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING AND ENCROACHMENT PERMITS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: A. The federal Clean Water Act establishes Regional Water Quality Control Boards in order to prohibit the discharge of pollutants in stormwater runoff to waters of the United States. B. The City is a permittee under the permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on November 08, 2012 which permit establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except discharges originating from the City of Long Beach MS4. C. Order No. R4-2012-0175 ("Order") contains requirements for the City to establish a Low Impact Development (LID) Ordinance in order to participate in a Watershed Management Program and/or Enhanced Watershed Management Program. D. The Regional Board has adopted Total Maximum Daily Loads (TMDLs) for pollutants which are numerical discharge limits that must be achieved effectively through LID implementation. E. The City has the authority under the California Water Code to adopt and enforce ordinances imposing conditions, restrictions and limitations with respect to activity that might degrade waters of the State. F. The City has a stormwater management program that protects water quality and water supply by employing watershed -based approaches that balance environmental and economic considerations. G. Urbanization has led to increased impervious surface areas resulting in increased water runoff and less percolation to groundwater aquifers causing the transport of pollutants to downstream receiving waters. H. As required by the Order the City is expanding the applicability of the existing LID requirements by providing stormwater and rainwater LID strategies for all projects development and redevelopment projects. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Subsection (d) of Section 8.12.1620 entitled"Findings", is deleted in its entirety and replaced with the following: "(d) The City is a permittee under the permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on November 08, 2012, which permit establishes Waste Discharge Requirements for Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except discharges originating from the City of Long Beach MS4 and as a permittee the City is required to implement procedures with respect to the entry of specified water discharges into the municipal storm water system." Section 2: Section 8.12.1640 entitled "Definitions", is amended to add or replace the following definitions, which definitions shall be placed in alphabetical order along with the existing definitions of Section 8.12.1640. The following existing definitions in Section 8.12.1640 shall be deleted in their entirety: Automotive service facilities, Best Management Practice, Construction, Discharge, Municipal NPDES Permit, Municipal Separate Storm Sewer System or MS4, Parking lot, Pollutant, Project, Redevelopment, Standard Urban Storm Water Mitigation Plan or SUSMP and Urban runoff. If the definition of any term contained in Section 8.12.1640 conflicts with the definition of the same term in Order No. R4-2012-0175, then the definition contained in Order No. R4- 2012-0175 shall govern. Automotive Service Facility means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) and North American Industry Classification System (NAICS) codes. For inspection purposes, Permittees need not inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539 provided that these facilities have no outside activities or materials that may be exposed to stormwater. Basin Plan means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994 and subsequent amendments. Best Management Practice (BMP) means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non- stormwater discharges to receiving waters, or designed to reduce the volume of stormwater or non-stormwater discharged to the receiving water. Biofiltration means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this Chapter 8.12 is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the Regional Board's z Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales. Bioretention means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum 2-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in this Ordinance, a bioretention BMP may be designed with an overflow drain, but may not include an underdrain. When a bioretention BMP is designed or constructed with an underdrain it is regulated by Order No. R4-2012-0175 as biofiltration. Bioswale means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes. Commercial Malls means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers. Construction Activity means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine Maintenance" definition for further explanation. Where clearing, grading or excavating of underlying soil takes place during a repaving operation, State General Construction Permit coverage by the State of California General Permit for Storm Water Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan. Discharge means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance. Flow-through treatment BMPs means a modular, vault type "high flow biotreatment' devices contained within an impervious vault with an underdrain or designed with an impervious liner and an underdrain. Full Capture System means any single device or series of devices, certified by the Executive Officer, that traps all particles retained by a 5 mm mesh screen and has a design treatment capacity of not less than the peak flow rate Q resulting from a one-year, one-hour storm in the sub-drainage area. General Construction Activities Storm Water Permit (GCASP) means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from construction activities under certain conditions. 3 General Industrial Activities Storm Water Permit (GIASP) means the general NPDES permit adopted by the State Board which authorizes the discharge of stormwater from certain industrial activities under certain conditions. Green Roof means a LID BMP using planter boxes and vegetation to intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain. Industrial/Commercial Facility means any facility involved and/or used in the production, manufacture, storage, transportation, distribution, exchange or sale of goods and/or commodities, and any facility involved and/or used in providing professional and non-professional services. This category of facilities includes, but is not limited to, any facility defined by either the Standard Industrial Classifications (SIC) or the North American Industry Classification System (NAICS). Facility ownership (federal, state, municipal, private) and profit motive of the facility are not factors in this definition). Industrial Park means land development that is set aside for industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry. Infiltration BMP means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement. Low Impact Development (LID) consists of building and landscape features designed to retain or filter stormwater runoff. Municipal Separate Storm Sewer System (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) Owned or operated by a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; (ii) Designed or used for collecting or conveying stormwater; (iii) Which is not a combined sewer; and 0 (iv) Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR Section 122.2. (40 CFR Section 122.26(b) (8)). National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA Section 307, 402, 318, and 405. The term includes an "approved program". Natural Drainage System means a drainage system that has not been improved (e.g., channelized or armored). The clearing or dredging of a natural drainage system does not cause the system to be classified as an improved drainage system. Outfall means a point source as defined by 40 CFR 122.2 at the point where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances with connect segments of the same stream or other waters of the United Sates and are used to convey waters of the United States. (40 CFR Section 122.26(b) (9)). Parking Lot means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use, with a lot size of 5,000 square feet or more of surface area, or with 25 or more parking spaces. Pollutant means any "pollutant' defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 1337. Project means all development, redevelopment, and land disturbing activities. The term is not limited to "Project' as defined under CEQA (Pub. Resources Code Section 21065). Rainfall Harvest and Use means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temporary storage until the harvested water can be used for irrigation or non -potable uses. The harvested water may also be used for potable water uses if the system includes disinfection treatment and is approved for such use by the local building department. Receiving Water means "water of the United States" into which waste and/or pollutants are or may be discharged. Redevelopment means land -disturbing activity that results in the creation, addition, or replacement of 5,000 square feet or more of impervious surface area on an already developed site. Redevelopment includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and land disturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety. Routine Maintenance" includes, but is not limited to projects conducted to: s 1. Maintain the original line and grade, hydraulic capacity, or original purpose of the facility. 2. Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities. 3. Includes road shoulder work, regrading dirt or gravel roadways and shoulders and performing ditch cleanouts. 4. Update existing lines` and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. 5. Repair leaks Routine maintenance does not include construction of new** lines or facilities resulting from compliance with applicable codes, standards and regulations. Update existing lines includes replacing existing lines with new materials or pipes. New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines. Significant Ecological Areas (SEAs) means an area that is determined to possess an example of biotic resources that cumulatively represent biological diversity, for the purposes of protecting biotic diversity, as part of the Los Angeles County General Plan. Areas are designated as SEAs, if they possess one or more of the following criteria: 1. The habitat of rare, endangered, and threatened plant and animal species. 2. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distribution on a regional basis. 3. Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind or are restricted in distribution in Los Angeles County. 4. Habitat that at some point in the life cycle of a species or group of species, serves as a concentrated breeding, feeding, resting, migrating grounds and is limited in availability either regionally or within Los Angeles County. 5. Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or represent an unusual variation in a population or community. 6. Areas important as game species habitat or as fisheries. 7. Areas that would provide for the preservation of relatively undisturbed examples of natural biotic communities in Los Angeles County. 8. Special areas. Storm Drain System means any facility or any parts of the facility, including streets, gutters, conduits, natural or artificial drains, channels and watercourse that are used for the purpose of collecting, storing, transporting or disposing of stormwater and are located within the City. Storm Water or Stormwater means runoff and drainage related to precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Reg. 47990, 47995 (Nov. 16, 1990)). Urban Runoff means surface water flow produced by storm and non -storm events. Non -storm events include flow from residential, commercial or industrial activities involving the use of potable and non -potable water." Section 3: The second sentence of Section 8.12.1690(b) is amended to read as follows: "The following shall apply to all construction activities within the City not otherwise governed by Section 8.12.1695 of this Code and such construction activities shall be required from the time of land clearing, demolition or commencement of construction until receipt of a certificate of occupancy:" Section 4: Section 8.12.1695, entitled "Standard Urban Storm Water Mitigation Plan ((SUSMP"), is deleted in its entirety and replaced with the following: "Section 8.12.1695. — Low Impact Development Measures for New Development and/or Redevelopment Planning and Construction Activities. (a) Objective. The provisions of this Section establish requirements for construction activities and facility operations of Development and Redevelopment projects to comply with the current "Order No. R4-2012-0175," lessen the water quality impacts of development by using smart growth practices, and integrate LID practices and standards for stormwater pollution mitigation through means of infiltration, evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive of new development and/or redevelopment requirements. (b) Scope. This Section contains requirements for stormwater pollution control measures in Development and Redevelopment projects and authorizes the City to further define and adopt stormwater pollution control measures, and to develop LID principles and requirements, including but not limited to the objectives and specifications for integration of LID strategies, grant waivers from the LID requirements, and collect funds for Projects that are granted waivers. Except as otherwise provided herein, the City shall administer, implement and enforce the provisions of this Section. (c) Applicability. Development projects subject to Permittee conditioning and approval for the design and implementation of post -construction controls to mitigate storm water pollution, prior to completion of the project(s), are: (1) All development projects equal to 1 acre or greater of disturbed area that adds more than 10,000 square feet of impervious surface area. 7 (2) Industrial parks 10,000 square feet or more of surface area. (3) Commercial malls 10,000 square feet or more of surface area. (4) Retail gasoline outlets with 5,000 square feet or more of surface area. (5) Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000 square feet or more of surface area. (6) Parking lots with 5,000 square feet or more of impervious surface area, or with 25 or more parking spaces. (7) Streets and roads construction of 10,000 square feet or more of impervious surface area. Street and road construction applies to standalone streets, roads, highways, and freeway projects, and also applies to streets within larger projects. (8) Automotive service facilities (Standard Industrial Classification (SIC) of 5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of surface area. (9) Projects located in or directly adjacent to, or discharging directly to an Environmentally Sensitive Area (ESA), where the development will: a. Discharge stormwater runoff that is likely to impact a sensitive biological species or habitat; and b. Create 2,500 square feet or more of impervious surface area (10)Single-family hillside homes. (11)Redevelopment Projects a. Land disturbing activity that results in the creation or addition or replacement of 5,000 square feet or more of impervious surface area on an already developed site on Planning Priority Project categories. b. Where Redevelopment results in an alteration to more than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -construction stormwater quality control requirements, the entire project must be mitigated. c. Where Redevelopment results in an alteration of less than fifty percent of impervious surfaces of a previously existing development, and the existing development was not subject to post -construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development. d. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade. e. Existing single-family dwelling and accessory structures are exempt from the Redevelopment requirements unless such projects create, add, or replace 10,000 square feet of impervious surface area. (d) Effective Date. The Planning and Land Development requirements contained in Section 7 of Order No. R4-2012-0175 shall become effective 90 days from the adoption of the Order (February 6, 2013). This includes Planning Priority Projects that are discretionary permit projects or project phases that have not been deemed complete for processing, or discretionary permit projects without vesting tentative maps that have not requested and received an extension of previously granted approvals within 90 days of adoption of the Order. Projects that have been deemed complete within 90 days of adoption of the Order are not subject to the requirements of Section 7. (e) Specific Requirements. The Site for every Project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use. (1) A new single-family hillside home development shall include mitigation measures to: a. Conserve natural areas; b. Protect slopes and channels; c. Provide storm drain system stenciling and signage; d. Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and e. Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. (2) Street and road construction of 10,000 square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to the maximum extent practicable. (3) The remainder of Projects shall prepare a LID Plan to comply with the following: a. Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDv) defined as the runoff from: i. The 85th percentile 24-hour runoff event as determined from the Los Angeles County 85th percentile precipitation isohyetal map; or ii. The volume of runoff produced from a 0.75 inch, 24-hour rain event, whichever is greater. b. Minimize hydromodification impacts to natural drainage systems as defined in Order No. R4-2012-0175. c. To demonstrate technical infeasibility, the project applicant must demonstrate that the Project cannot reliably retain 100 percent of the SWQDv on-site, even with the maximum application of green roofs and rainwater harvest and use, and that compliance with the applicable post - construction requirements would be technically infeasible by submitting a site-specific hydrologic and/or design analysis conducted and endorsed by a registered professional engineer, geologist, architect, and/or landscape architect. Technical infeasibility may result from conditions including the following: i. The infiltration rate of saturated in-situ soils is less than 0.3 inch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDv onsite. ii. Locations where seasonal high groundwater is within five to ten feet of surface grade; iii. Locations within 100 feet of a groundwater well used for drinking water; iv. Brownfield development sites or other locations where pollutant mobilization is a documented concern; V. Locations with potential geotechnical hazards; vi. Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement. d. If partial or complete onsite retention is technically infeasible, the project Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in Order No. R4-2012-0175. i. Additional alternative compliance options such as offsite infiltration and groundwater replenishment projects may be available to the project Site. The Project Site should contact the City to determine eligibility. e. The remaining SWQDv that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant -specific benchmarks as required per Order No. R4-2012-0175. Flow-through BMPs may be used to treat the remaining SWQDv and must be sized based on a rainfall intensity of: i. 0.2 inches per hour, or ii. The one year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater." Section 5: VALIDITY. If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect 10 the remaining provisions of this Ordinance which provisions are declared to be severable from those found to be unconstitutional or otherwise invalid. Section 6: EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. Section 7: The City Clerk shall certify to the passage and adoption of this Ordinance and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED THIS DAY OF BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2013 and was finally passed at a regular meeting of the City Council held on the day of _, 2013, by the following vote: ATTEST: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Tommye Cribbins, City Clerk City of Diamond Bar FII CITY COUNCIL Agenda # 6 . s Meeting Date: November S, 2013 TO: Honorable Mayor and Memb�errs, of the City Council VIA: James DeStefano, City Manu r TITLE: APPROVAL OF CONTRACT AM NDMENT NO. 1 IN THE AMOUNT OF $20,000 WITH LILLEY PLANNING GROUP, INC. (LPG) TO PROVIDE ON-SITE PLANNING SERVICES FOR A NOT -TO -EXCEED TOTAL COST OF $40,000. RECOMMENDATION: Approve. FINANCIAL IMPACT: There is no additional appropriation required since there are sufficient funds available in the FY 2013/2014 budget approved by the City Council on May 21, 2013 (from salary and benefit savings from the vacant Assistant Planner position). In addition, a portion of the costs associated with LPG's planning services are funded through application and processing fees paid to the City by project developers. BACKGROUND/DISCUSSION: On June 21, 2013, upon review and content approval by the City Attorney, a consulting services agreement with LPG was executed under City Manager authority at a cost not to exceed $20,000. The City retained the services of a contract planner though LPG to provide planning services until the vacant Assistant Planner position was filled. City Council approval is required for an increase of $20,000 above the amount previously authorized by the City Manager in order to continue to retain the services of a contract planner until the Assistant Planner position is filled. The original contract amount of $20,000 with LPG will be exhausted in early November 2013. The Assistant Planner recruitment is underway, and it is estimated that the position will be filled by early January. With the current Assistant Planner position vacant, the City needed a contract planner position to provide front counter and project management services. The contract planner will spend more than half of the contracted time reviewing developer deposit funded projects, such as new custom homes, residential and commercial additions, conditional use permits, and other current planning projects to be submitted to the City in the near future. LPG's hourly rate will be $50, and a contract planner will work a 35 -hour per week schedule on a direct cost recovery basis. The City would like to continue to retain the services of LPG for on-site planning services. Therefore, it is recommended that the City Council authorize the City Manager to execute the proposed amendment with LPG to provide on-going consulting services for a not -to -exceed total amount of $40,000. Prepared by: aS.L`(�L� Senior Planner Reviewed by: David Doyle Assistant City Manager Attachment: Reviewed by: 6 Greg Gubman, AIC Community Development Director 1. Amendment No. 1 to Consulting Services Agreement 2. Consulting Services Agreement Dated June 21, 2013 Consulting Services Agreement— Lilley Planning Group, Inc. Page 2 Attachment 1 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT FOR ON-SITE PLANNING SERVICES This Amendment No. 1 to the CONSULTING SERVICES AGREEMENT FOR ON-SITE PLANNING SERVICES ("Amendment") is made and entered into this 6�h day of November 2013, by and between the City of Diamond Bar, a municipal corporation (hereinafter referred to as "City") and Lilley Planning Group, Inc. (hereinafter referred to as "Consultant"). RECITALS A. City and Consultant heretofore entered into a Consulting Services Agreement for on-site planning services dated June 21, 2013 (hereafter, the "Agreement'). B. The parties now desire to amend the Agreement by increasing the compensation to account for unanticipated costs encountered in the performance of the Agreement. NOW, THEREFORE, in consideration of the foregoing and the promises and covenants contained herein, Section 3 of the Agreement is hereby amended in its entirety to read as follows: "3. Compensation. City agrees to compensate Consultant for services rendered pursuant hereto at the rate of $50.00 per hour, which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed forty thousand dollars ($40,000) per City fiscal year. Except as set forth in this Amendment, all other terms and conditions set forth in the Agreement shall be and remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement for on-site planning services as of the date first written above. "City" ATTEST By: Tommye Cribbins, City Clerk Approved as to form: By: City Attorney 963300.1 CITY OF DIAMOND BAR IN 1 James DeStefano, City Manager "CONSULTANT" in Its: 963300.1 Exhibit A — Consultant's Proposal ADDITIONAL INSURED ENDORSEMENT 963300.1 Exhibit A October 24, 2013 Ms. Grace Lee Senior Planner City of Diamond Bar Via email: glee@diamondbarca.gov Subject: Response to request for contract planning services Dear Ms. Lee Thank you for this opportunity to submit our response to the City of Diamond Bar's request to provide contract planning services. We understand the City has a need for a contract planner to provide services to the City of Diamond Bar on an interim basis. Our firm specializes in providing planning services to cities throughout California and we have always enjoyed assisting the City of Diamond Bar. It would be a pleasure to have the ability to serve your community again. In order to respond to this request we are providing to you a brief introduction of our firm, references information for several current clients, professional rates of our services as well as resumes of specific individuals that could be available to assist the City of Diamond Bar. We have professional staff available to assist the City of Diamond Bar in a timely, professional and experienced manner. Given our expertise and background, we begin work immediately and we exceed the expectations of our clients. Introduction to the Firm: The Lilley Planning Group is a full service, professional consulting firm providing land use, building, economic development and environmental services to cities throughout California. Our mission is to provide outstanding, quality service to the clients and communities we serve and ensure we add value and make a positive impression with each assignment. Our corporate office is located in the City of Fullerton. Our President, Jennifer Lilley, AICP, has been a professional planner for over twenty-four years and has focused the last twenty years of her career assisting cities with their service needs by experience we have brought together a talented team to assist our clients and build the strength of resources and skills our firm has to offer. I will be the project manager and ensure you receive the highest level of service and projects run smoothly and stay on schedule. We are proposing to continue providing Andrew Garcia as the contract planner for the extended service period for the City of Diamond Bar. We are confident you will find that we are the best choice for Diamond Bar. Given our professional team, experience with the City and availability to meet your current needs. We appreciate your time in reviewing our proposal. We are confident you will find our capabilities, technical expertise, and staff will add value to your team. Thank you for this opportunity Sincerely, Jennifer A. Lilley, AICP President Lilley Planning Group, Inc. 138 W Amerige Fullerton, California 92832 www.lilleyplanning.com ._ ... Statement of Qualifications page 1 t Company Profile The Lilley Planning Group is a full service, professional planning firm providing land use, environmental and on-site planning consulting exclusively to public agencies throughout California. Our mission is to provide outstanding, quality service to the clients and the communities we serve and ensure that we add value and make a positive impression with each assignment. Jennifer Lilley, AICP, President of the firm, has been a professional planner for over twenty years and has focused the last nineteen years of her career assisting more than 50 agencies with their planning needs. Because of our extensive experience and exclusive dedication to provide planning staff to public agencies, Lilley Planning is uniquely qualified to provide on-call services. We have assembled a team of experienced professionals to deliver high quality contract services. All of our staff has professional planning experience in the public sector, giving them a unique and thorough understanding of the processes we will be implementing and the challenges faced in city planning departments. We have a proven track record providing professionals that have the technical competency to meet the requested services of our clients as well as the ability to fit into the organization that they are assigned. We believe you will find that we employ highly qualified and experienced professionals whose skills, qualifications and previous responsibilities are a strong match to the needs of any agency. We do this by employing the following practices: 0 Our clients have the opportunity to interview our staff before they are assigned. 0 Our planners have experience working for public agencies prior to working with us. Statement o' Qualifications page 2 The Lilley Planning Group knows that our reputation is our most valuable asset. To protect it we do not over commit our staff and we only commit to work that our staff has the qualifications to perform. Our staff maintains their professional development and we provide extensive training in project management, land use law, CEQA, writing and public presentations skills. a We maintain regular office hours to be accessible and available when needed. We consistently meet departmental standards including: deadlines, quality of work products, courtesy and accessibility, accuracy of reports and information given to the public, and responsiveness by gaining a firm understanding of expectations and maintaining consistent communication with our clients. The Lilley Planning Group is committed to providing planning services that are cost effective while maintaining productivity standards. Added benefit of using the Lilley Planning Group: Our firm only bills for the time that our staff spends doing the work of the city. We do not bill you for invoice preparation, supervision or training of our team, our administrative functions or our internal management. We do not charge our clients for commuting, clerical service, resolving issues or meeting to discuss assignments with our Contract Manager. Our invoices will provide for you a review of the case history, summary of the total amount of time and cost incurred and the remaining funds available on account to keep applicants and city staff apprised of the status of each project. e Meet all deadlines and standards of quality for the client. Integrate seamlessly into department operations. Effectively contain consulting costs and provide billing support for the city's cost recovery system. Establish excellent customer relations on behalf of the city with citizens and applicants. We work to ensure we never have even the appearance of conflicts of interest. _. Statement cf Qualifications page s Services Planning Services: we provide on-call staff on an as -needed basis to public agencies. We employ journey level experienced assistant, associate and senior level staff available for part- time and/or full-time work. We also have seasoned professionals available to provide interim management for planning, community development or city management assignments. Our staff is experienced with both advanced and current planning assignments. We offer environmental analysis, review, documentation and management. We manage cases and conduct all levels of review from field inspections, plan analysis, production of reports and resolutions, develop recommendations and supporting findings for action by staff or city officials. We provide entitlement processing for conditional use permits, site development permits, subdivision maps, sign programs, variances and other discretionary and administrative applications. We are skilled at working with applicants to help them find solutions to meet the code or conform to design guidelines or other special policies. We approach this work by: Reviewing and processing all aspects of current planning applications Advising and assisting the public and other City departments Assisting with issues and problems for projects • Assisting with establishing General Plan goals, policies and implementation programs a Reviewing, analyzing and coordinating related planning activities Preparing written staff reports for consideration by the Commissions and City Council Managing all aspects of assigned projects including noticing and CEQA requirements k Conducting research and special studies Prepare zoning code amendments, General Plan updates and other policy documents as necessary, including research and public workshops - - Statement ci Qualifications page � Attend and make presentations to the Planning Commission and/or City Council and respond to questions as requested Provide guidance and oversight to City Planning staff. We also have the ability to offer free interns to assist cities at no charge and with our training and supervision. Building Services: We offer our clients full building department, plan check and inspection services including: Department Counter Services: our staff offer customer -oriented assistance to the general public with filing applications and submitting necessary documents for all building department services and permits, to ensure compliance with applicable laws, codes and ordinances. We work with the public to help them with their requests, solve issues and find appropriate options where possible. ffi Plan Check Services: we have capable and knowledgeable professionals that can consultation with the public and contractors as needed to assist in the design process. Plan checking is completed in a professional, efficient, and accurate manner and accordance with all state and federal regulations, as well as codes and ordinances adopted by City. Inspections: our field team is knowledgeable with what it takes to review the work in the field for compliance with approved plans, as well as all federal, state and local codes, ordinances or regulations. We represent the City and ensure that we are customer -friendly and compliance based. Problem solving and creative where possible and professional and approachable at all times. Review of Documents: all certifications, test reports, manufacturers' specifications, surveys and any other applicable documents will be collected, reviewed and utilized to assure the proper use of methods and materials during the construction process Statement of 4ualiflcatlons page 5 will be ensured through our team. We take steps to properly record our findings and maintain records for future information. Record Keeping: plan and permit files will be maintained in an organized and accessible manner. All original plans and permit records will be kept in City offices at all time and logs and communication is maintained to ensure that other staff has the ability to find necessary documents in our absence. Interlacing with Other Agencies: our team has strong relationships in the industry and offer our clients productive interface with other agencies to obtain approvals prior to issuance of permits when it is determined that the scope of work proposed falls in part within the jurisdiction of other agencies. Public Relations/City Representations: we take great pride in representing our clients. All interaction with the public and any other public agency will be provided with professionalism and in a manner that best represents your agency. Our staff ensure that all technical interpretations are made in a professional and courteous manner, whether in the office, field, or at public hearings. Code Compliance/Enforcement Services: our professional staff has worked in municipal government throughout the State of California for many years. We have the ability to come into your organization and make interpretations, findings and assessments for code compliance cases. Some of our clients are very proactive when it comes to enforcement and some prefer to take a more reactive approach. Our team is familiar with the steps, process and approach in either case. They will work to ensure the issues are addressed in a professional manner, with respectful and productive tools to achieve the best results. Any written communications will take the tone and style of your organization to reflect the intention of the organization. We use clear language that is information and helpful while including code references to provide context and clarification where appropriate. Our team has provided field inspections, meetings _ -.- Statement of Cuallflcat Ions page b and site visits for many years on complex and simple code issues and we work to resolve the matter in a timely and productive manner. Finally, we ensure that proper and accurate records are kept consistently and comprehensively throughout all cases. This ensures that there are appropriate means to follow the process, understand all the steps that have been taken and provide the necessary follow up along the way. We are comfortable working with other city departments including: planning, building, engineering, fire, police, finance, city attorney or the City manager's office when necessary to bring all the right people into the matter to ensure a complete resolution is found. Environmental Review: we prepare initial studies, negative declarations, environmental impact reports and mitigation monitoring programs. We provide peer review of other agency documents and prepare responses to comments and conduct scoping meetings with the public and stakeholder groups. Project Management: we proactively manage our caseload to ensure that all deadlines are kept and projects stay on schedule. We coordinate with various city departments for comments and build relationships with department representatives to ensure good communication and coordination is maintained throughout the life of each project. We ensure that all files and plans are kept in your offices. We create a tracking log so that anyone in the city can identify where a case is in the process and what deadlines and next steps are necessary. We also ensure that we keep an accurate log of communications with the applicants so that we have backup if there is a question on information provided. Customer Service: our staff sees this as their top priority. We take responsibility for each visitor to City Hall and take pleasure in ensuring that they have the information they need. Our team compiles a procedure handbook for each city we serve so that we have the ability to know Statement of Qualifications page 7 special policies, processes and responses to inquiries at a glance. These handbooks are provided for each of our clients so they have them as a resource for new staff in the future as well. Specialized Expertise: we offer a highly capable team of professionals that are specialists in grant writing, design review, housing and CDBG program administration, building plan review, engineering services, redevelopment staffing, meeting transcription, administrative support, historic preservation and architectural review. Professional Development Training: We believe that professional development is a high priority and are always looking for opportunities to contribute to the professional growth and development of others. Our firm has taken best practices that are in use throughout the industry and have developed a series of training programs that are geared to the public sector. As an added value to the clients that we serve we offer one free training for staff and/or planning commissioners annually at no charge. We provide the handouts, curriculum, presentation materials and even participation prizes at no additional cost to our clients. We believe this is a service that we can provide to add value to the organizations that we have the privilege of serving. We use fresh, interactive, engaging methods of training and offer hands on experience with the topics covered. Our trainings are relevant and interesting so that participants walk away prepared and with the skills they need to be successful. Some of the topics that we have developed include: Customer Service * Improving Public Speaking/Presentation Skills Fine Tuning and Improving Report Writing _- _ Statement of Malificafions page 8 Conflict Management and Dispute Resolution New Commissioner/CouncilmemberTraining 0 Ethics % Effective Negotiating Techniques and Tools Goal Setting Creating an Effective Public Outreach E Becoming an Outstanding Project/Case Manager Dealing with Difficult People Facilitation/Public Outreach: we have provided facilitation and public outreach to many different groups throughout California and share with our clients the tools and techniques that are most effective. We enjoy working with people and we see the public as a useful resource and not a barrier to the public process. As a facilitator, we are neutral and our role is to lead the discussion, to listen to input and learn from the experts, the citizens. Our goal as the facilitator is to spend more time listening and less time talking. The Lilley Planning Group has trained and experienced professional facilitators on our team that are available to help your community with public outreach efforts of any kind. We have provided this service for small groups dealing with neighborhood issues to large visioning efforts with more than 500 participants. We have provided recent facilitation and training services to the County of Sonoma, City of Citrus Heights, City of Fullerton, City of Ventura, City of Anaheim, County of Ventura - Harbor Commission, Pasadena Heritage, Pasadena Playhouse District Association, County of Los Angeles Bike Coalition, City of Glendale, and City of San Gabriel. The following is an overview of the services we offer as part of our public outreach efforts: Statement of Qualifications page S * Planning and preparing for community meetings; * Developing materials, agenda, scripts, guidelines for participants and staff, presentation tools and time blocking of the event; * Holding and leading team meetings to ensure that all steps have been considered and the event is well thought through and the program is thoroughly developed; * Training other facilitators and conducting walk through and Q&A's on the agenda and the recording steps if necessary; Room set-up and preparation to ensure that all accommodations have been considered, that the room is conducive to the audience that is expected and that the audio and visual needs have been addressed; * Guiding participants through interactive agendas and meeting materials; * Leading keypad polling and respond to technical issues and other changes in real time; * Providing problem solving and feedback to all team members including technical support, facilitators and recorders throughout the event; Soliciting feedback from table participants and clarifying with them to ensure we have captured their feedback; * Conducting follow up evaluation meetings to review progress and make adjustments prior to next steps; * Preparing follow up materials and conducting debrief following the event; and * Preparing summary reports and recommendations. Statement of Cuarficatlons page 1 u REFERENCES The following is a representative list of agencies that we have provided services for over the last year. We have maintained a solid reputation for providing outstanding service with all the clients we have served'. We are proud of the relationships that we have built. -. Statement of Qualifications page ;1 dWE �.Ink Service: On -Call Staffing, Policy Document City of Villa Park Preparation, Project Management, Zoning Mr. Jarad Hildenbrand Code/General Plan Preparation, Facilitation City Manager Services - Facilitation, Recommendations 714.998.1500 17855 Santiago Boulevard Villa Park, CA 92861 jhildenbrand@villapark.org Services: On -Call Services City of Placentia Mr. Ken Domer Assistant City Manager 714.993.8141 401 E. Chapman Placentia, CA 92870 kdorner,-2 Ip ancentia.org Service: On -Call Building and Permit Services City of Oceanside Mr. Richard Greenbouer Senior Planner 760-435-3519 300 North Coast Highway Oceanside, CA rgreenbouer@cl.oceanside.ca.us Service: On -Call Services, Policy Document City of San Gabriel Preparation, Project Management, Zoning Mr. Steven Preston, FAICP Code/General Plan Consistency Study, City Manager Facilitation Services - Strategic Planning, 626.308.2806 Recommendations 425 Mission Avenue San Gabriel, CA 91776 Spreston@sgch.org Service: On -Call Planning Services - City of Brea Customer Service, Discretionary Case Mr. David Crabtree, AICP Management and Other Related Services. Deputy Development Services Director/ City Planner 714.990.7674 One Civic Center Circle Brea, CA 92821 dcrabtree@ci.brea.ca.us -. Statement of Qualifications page ;1 ... _. Statement of Qualifications page 2 Service: On -Call Building and Permit Services City of West Hollywood Mr. Steve Bailey Building and Safety Manager 323.848.6400 8300 Santa Monica Boulevard West Hollywood, CA 90069 sbailey@weho.org Service: On -Call Planning Services - City of Mission Viejo Customer Service, Discretionary Case Ms. Elaine Lister Management. Planning Manager 949-470-3024 200 Civic Center Mission Viejo, CA 92691 elister@cityofmissionviejo.org Service: On -Call Planning Services - City of West Hollywood Discretionary Case Management, Mr. John Keho Environmental Documentation, Project Planning Manager Management, Special Projects. 323.848.6393 8300 Santa Monica Boulevard West Hollywood, CA 90069 jkeho@weho.org Service: On-call environmental services and City of Santa Ana Sign Study and Recommendations. Ms. Karen Haluza, AICP Planning Manager 714.835.3200 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, California 92702 KHaluza@santa-ana.org Services: On -Call Services. City of Lake Forest- Dev. Services Department Ms. Gayle Ackerman Director 949.461.3500 25550 Commercentre Drive Suite 100 Lake Forest, CA 92630 gackerman@lakeforestca.gov Service: On -Call Services - Facilitation County of Ventura Services, Discretionary Case Management, Ms. Kim Rodriguez, AICP Special Projects, Environmental Preparation Planning Manager Services and Related Services 805.382.3001 800 South Victoria Avenue, L-1740 Ventura, CA 93009-1740 kimprillhort@venturo.org ... _. Statement of Qualifications page 2 SCHEDULE OF FEES The Lilley Planning Group will perform consulting services at the following hourly rates: Contract Planner $ 50.00 We do not mark up any reimbursable expenses or have any additional expenses related to travel, mileage or administrative services that we pass on to our clients. Statement of Qualifications - page 1 1 1. l3,7 �.1•r. Andrew has approximately 13 years in the public and private sector of planning. He is an energetic, self-starter that works well with a team, and can represent the organization with sincerity and professionalism. His passion in city planning is driven by the desire to connect with the public and educating them about the planning policy and procedures that help make up their community. The experiences he has with working for various local governments coupled with his ability to work with various departments (Code Enforcement, Building Department and Public Works Department) on a daily basis is a great asset to the community's he serves. Andrew has produced a variety of letters, memorandums, environmental technical reports (i.e., initial studies), and staff reports for review and consideration by interdepartmental staff and various advisory and quasi-judicial boards. A critique by prior management staff has expressed his writing shows good analytically skills and solid writing capabilities. Below is a summary of Andrew's experience prior to joining Lilley Planning Group. Experience: 01/13 — 08/13 Civic Solutions, inc. San Juan Capistrano, CA Contract Associate Planner — City of Yorba Linda & City of Jurupa Valley • Project management for discretionary case processing, including plan review, research, environmental documentation, staff reports, resolutions, public hearing notices, and inter -department coordination. • Preparation of planning reports including recommendations and supporting data for approval and presentation to Planning Commission and/or public hearings and works with the applicants to resolve issues and alter design when necessary. • Reviews discretionary development applications for consistency with federal, state and local regulations, • Provides Zoning and Municipal Code information and interpretation. • Review construction drawings for compliance with city codes and departmental conditions of approval. • Assists the applicant and consultants to understand municipal requirements, analyze issues, and recommended solutions and strategies. City of Huntington Beach Huntington Beach, CA 10/08— 10/12 Associate Planner & Floodplain Administrator • Conducts research to develop and update elements of the City's comprehensive plan. • Process Current Planning applications for a wide range of commercial, industrial, and residential projects. • Prepare and present staff reports for review and consideration by the Zoning Administrator, Planning Commission, and City Council. • Review development plans for consistency with zoning regulations and design guidelines. • Responsible for responding to planning inquiries at the public counter and to provide assistance to the general public as a designated counter planner during scheduled shifts. • Conduct environmental reviews pursuant to the California Environmental Quality Act. • Serving as the City of Huntington Beach Floodplain Administrator to enforce corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible natural resources in the flood plain, including flood management regulations. • City of Huntington Beach Zoning Administrator liaison. Review and edit public hearing notices, staff reports, notice of action letters, and public hearing minutes. City of Huntington Beach Huntington Beach, CA 08/06 — 10/08 Assistant Planner • Conducts research to develop and update elements of the City's comprehensive plan. • Process Current Planning applications for a wide range of commercial, industrial, and residential projects. • Prepare and present staff reports for review and consideration by the Zoning Administrator, Planning Commission, and City Council. • Review development plans for consistency with zoning regulations and design guidelines. • Coordinate in the processing of final parcel and tract maps as the Final Tract Map Administrator. • City of Huntington Beach Design Review Board liaison. Review and edit public hearing notices, staff reports, notice of action letters, and public hearing minutes. City of Arcadia Arcadia, CA 03/05 — 08/06 Assistant Planner • Process Current Planning applications for a wide range of commercial, industrial, and residential projects. • Prepare and present staff reports for review and consideration by the Modification Committee, Planning Commission, and City Council. • Responsible for responding to planning inquiries at the public counter and to provide assistance to the general public as a designated counter planner during scheduled shifts. City of Arcadia Arcadia, CA 04/03 - 03/05 Planning Intern • Assist public regarding all planning related inquires at the public counter and over the phone. • Provide direct assistance to the Community Development Director in preparation of City Council and Planning Commission reports and studies. • Prepare research studies, utilizing field studies, surveys, and statistical data. Education: California State Polytechnic University, Pomona Pomona, CA 2001— 2005 • B.S., Urban and Regional Planning Don Bosco College Rosemead, CA 1997-1999 • Associate of Science Degree, Design Technology with a concentration in mechanical engineering and architectural principles • Graduated with Honors Skills: Fluent in Microsoft Word, Excel, Power Point, and Microstation, with some experience in AutoCad and ArcGIS 3.3. Netscape, Internet Explorer, Safari, and PC/Mac proficient. References: Ricky Ramos, Senior Planner— Cityof Huntington Beach (714)536-5271 Joseph Lambert, Director of Development Services—City of Yucaipa (909)262-3724 Thomas Li, Associate Planner— City of Arcadia (626) 574-5447 Attachment 2 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of June 21. 2013 by and between the City of Diamond Bar, a municipal corporation ("City") and Lilley Planninq Group ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", Consultant's Proposal dated May 31, 2013. B, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW,. THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" the Consultant's Proposal, dated May 31, 2013. B. Level of Services/Time of Performance, The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A." 2. Term_ of Agreement. This Contract shall take effect June 21. 2013, and shall continue unless terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for services rendered pursuant hereto compensation of $50.00 per hour, which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed twenty thousand dollars ($20,000) per City fiscal year. 4. General Terms and Conditions: In the event of any inconsistency between the provisions of this Agreement and Exhibit "A", the provisions of this Agreement shall control. 935243.1 6. Addresses. City: James DeStefano, City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Consultant: Lilley Planning Group 138 West Amerige Fullerton, CA 92832 6. Status as Independent Contractor. A. Consultant and Consultant's employees are, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant and its employees shall not be entitled to any benefits provided by City to its employees, including, but not limited to, Workers' Compensation, disability insurance, defense and indemnity or retirement under the Public Employee Retirement System. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between. City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit, any finding that Consultant's employees are employees of the City and any appeals relating thereto. C. Consultant shall fully comply with the Workers' Compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply Z 935243.1 with the requirements in Section 6. Additionally, the City shall have the right to offset against the amount of any fees due to Consultant under.this Agreement for any amount or penalty levied against the City for Consultant's failure to comply with Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the acts of omissions of Consultant and Consultant's employees, including, but not limited to, negligent performance of work hereunder or its failure to materially comply with any of its' obligations contained in this Agreement, but excepting such loss or damage which is caused by the negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) covered by this indemnity obligation. It is expressly understood and agreed. that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. 9. . Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of. services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence and at least $1,000,000 aggregate; and (5) worker's compensation insurance with . a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(les) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier 3 935243.1 giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A-, VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one, (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. D. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow.the City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Owner (as the named insured) should Owner fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City Attorney and the Finance Director. Owner understands and agrees that satisfaction of this requirement is an express condition precedent .to the effectiveness of this Agreement. Failure by Owner as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Owner's behalf upon the Owner's failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Owner for breach of this Agreement in addition to any other damages incurred by City due to the breach. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by 'Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 935243.1 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, with or without cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not.discriminate as to race, color, creed, religion; sex, marital status, national origin, ancestry, age, physical or mental handicap, medical' condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of, compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer 935243.1 or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts. for standard commercial supplies or raw materials. - - 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 18. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement, In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 19. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the .prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 20. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the. City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage 6 935243.1 prepaid, to the addresses heretofore setforth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts.;. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments_ on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CIWODIAD BAR By: L ByTommy Cribbins, City Clerk fano, City Manager Approved as to form: By: �' ^ 1 5./ �U1 u1/'GLQI G City Attorney 935243.1 "CONSULTANT" 935243.1 CITY COUNCIL Agenda # 6.9 Meeting Date: November 5, 2013 AGENDA REPORT TO: Honorable Mayor and Membe s of the City Council VIA: James DeStefano, City Ma a TITLE: SECOND READING OF ORDINA CE NO. 09 (2013) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) AS AMENDED BY THE CITY. RECOMMENDATION: Approve second reading by title only, waive full reading, and adopt Ordinance No. 09 (2013). BACKGROUND: On October 15, 2013, the City Council conducted a public hearing and approved for a first reading of the 2013 California Building Codes in order to meet State mandates. The Council approved the first reading by 5-0 vote. The purpose of this ordinance was to reintroduce old amendments, update code referencing, move technical items out of the administrative section of the Code, and add three amendments. The amendments proposed under this ordinance included the following: 1) Permit expiration — Removing ambiguity to code language. 2) Accessible rough inspections - To promote earlier required inspections for accessibility. 3) Fire sprinklers for extensive remodels — To eliminate a loophole for extensive remodels that are actually new homes. Local findings were incorporated into the ordinance for all the technical amendments. Effective date of the City amendments to the building codes is on January 1, 2014. Prepared By: Reviewed By: Raymond Tao Building Official Reviewed By: DaviEW d IYoyle Assistant City Manager Attachments: 1. Ordinance No. 09 (2013) 2. October 15, 2013, Council Staff Report 2 .� Greg ubman Community Development Director CITY COUNCIL ORDINANCE NO. 09 (2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, THE 2013 CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING APPENDICES C, I, AND J THERETO, CHAPTER 1 DIVISION II OF THE 2013 CALIFORNIA BUILDING CODE AS THE ADMINISTRATIVE CODE, THE 2013 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES THERETO, THE 2013 CALIFORNIA PLUMBING CODE, AND THE APPENDICES THERETO, THE 2013 CALIFORNIA ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2013 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES G, H, J, K, AND O THERETO, AND THE 2013 CALIFORNIA GREEN BUILDING CODE, WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS. A. RECITALS (i) California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2013 California Building Code; the 2013 California Administrative Code; the 2013 California Mechanical Code; the 2013 California Plumbing Code; the 2013 California Electrical Code; the 2013 California Residential Code; and the 2013 Green Building Code as set forth in the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, and 11. (ii) Pursuant to the California Health and Safety Code Sections 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. (iii) At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6. (iv) The City held a public hearing on October 15, 2013, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. (v) Pursuant to California Government Code Section 6066, the City published notice of the aforementioned public hearing on October 4, 2014. (vi) Any and all legal prerequisites relating to the adoption of this Ordinance have occurred. 1 NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: SECTION 1: Findings in Support of Modifications to Title 24 Building Standards. This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak geological materials, while neighboring flatland areas are composed of more stable fill and alluvial materials. These materials may be naturally unstable or weak in terms of physical support. These highly expansive soil conditions are vulnerable to earth movement as well as unpredictable seismic response of buildings. The unpredictable response from prior seismic events including Chino Hills, Northridge, and the Whittier earthquakes have demonstrated the need for greater quality control to ensure against poor seismic performance of multi -story structures. (2) The City experiences diverse temperatures, which promotes expansion and contraction of the soil. This condition is very damaging to expansive type soil. (3) Because of the above-described climatic and geological conditions, the City of Diamond Bar requires special engineering to support habitable structures within the unstable soil areas and requires additional measures to be taken in connection with excavation and grading activities. (4) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (5) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (6) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unable to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (7) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. F (8) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (9) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (10) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the and nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wild lands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires create a need for increased levels of fire protection. (11) Sound transmission controls are necessary to protect City residents from excessive noise generated by multiple nearby freeway interchanges and large arterial streets, among other sources. (12) Local climate makes pool ownership desirable. Children often reside in close proximity to swimming pools, making pool barriers necessary. This need is increased due to potential delays in emergency rescue response resulting from the location of hillside residences and traffic congestion. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, and as referenced below, are appropriate given the specific local climatic, geological or topographic conditions set forth above. CBC Sections 1505.1. and 1505. 1.1 — Findings 7,8,9, 10. CBC Sections 1612.1.1 — Finding 5. CBC Sections 1801.3, 1803.1, 1803.8, 1803.8.1, 1809.4 and Appendix J — Findings 1, 2, 3, 4, and 5. CRC Sections R301.1.3.2, R313.1, R313.2, R327.1.3, R327.1.3, R327.2, R402.1.3 — Findings 6, 7, 8, 9, and 10. CRC Section R332 — Finding 1. CRC Section R334 — Finding 11. CBC Section 3109.4.1 and CRC R333 — Finding 12. CPC Section 722.6 — Finding 3. SECTION 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. — Chapter 1 Administration Code is hereby deleted in its entirety and replaced to read as K follows: DIVISION 2. - ADMINISTRATION CODE Sec. 15.00.110. California Administration Code — Adopted. Sec. 15.00.120. Amendments to the California Administration Code. Sec. 15.00.130. Penalties for violation of division. Secs. 15.00.140. — 15.00.300. Reserved. Sec. 15.00.110. California Administration Code —Adopted. Except as amended by Section 15.00.120, the California Administration Code, Chapter 1, Division II of the 2013 California Building Code, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Administration Code of the City. Sec. 15.00.120. Amendments to the California Administration Code. (1) Section 104.6 of the California Administration Code is amended to read as follows 104.6 Right of entry. The building official, or his/her duly authorized representative, shall have the authority to enter any building or premises for the purpose of investigation of the existence of suspected or reported damage or defects which constitute an immediate danger to human life or an immediate hazard to public safety or health. Except in emergency situations, the building official, or his/her authorized representative, shall not enter any building or premises without the consent of the owner or occupant thereof, unless he/she possesses a warrant authorizing entry and search of the premises. No person shall hinder or prevent the building official, or his/her authorized representative, while in the performance of the duties herein described as emergency situations or while in possession of a warrant, from entering upon and into any and all premises under his/her jurisdiction, at all reasonable hours, for the purpose of inspecting the same to determine whether or not the provisions of the Chapter and all other applicable laws or ordinances pertaining to the protection of persons or property are observed therein. (2) Section 105.1 of the California Administration Code is amended to read as follows: 105.1 Permits required. Except as specified in Section 105.2 , no building or structure regulated by this Code shall be used, erected, constructed, enlarged, altered, repaired, moved, improved, removed, occupied, maintained, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. All signs affixed to any building or structure and not otherwise requiring a permit hereunder shall require a building permit. 2 (3) Section 105.2 of the California Administration Code is amended to restate exemptions 1, 4, and 9 as follows: 105.2 Work exempt from permit. 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided (a) the floor area is not greater than 120 square feet (11 mz); (b) the structure does not exceed 8 feet (2.44 m) in height; (c) the structure has no plumbing or electrical installations or fixtures; and (d) the structure is separated from any other accessory structures by a minimum distance of 6 feet (1.83 m) 4. Retaining walls that are not over 3 feet (914 mm) in height measured from the bottom of footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R, Division 3 Occupancy that are less than 24 inches deep (610 mm), are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. (4) Section 105.3 of the California Administration Code is amended to read as follows: 105.3 Application for permit. Application for a permit to perform the work shall be made in writing to the building official and shall fully describe said work. Plans, engineering calculations, diagrams, and other data, including specifications and schedules, may be required to determine whether the installation as described will be in conformance with the requirements of this Title. If it is found that the installation as described will conform to all legal requirements, and if the applicant has complied with the provisions of this Title, a permit for such installation shall be issued. No deviation may be made from the installation described in the permit and plan without the prior written approval of the building official. (5) Section 105.3.2 of the California Administration Code is amended to read as follows: 105.3.2 Expiration of plan review. Applications for which no permit is issued within 180 days following the date of filing shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (6) Section 105.5 of the California Administration Code is amended to read as follows: 105.5 Expiration. Except as set forth in Section 105.5.1, every permit issued 11 shall expire by limitation and become null and void as follows: (i) Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. The building official may extend the time for action by the applicant in writing for a period not exceeding one -hundred -eighty (180) days beyond the latest expiration limit upon written request by the applicant, filed with the building official prior to expiration of the original permit; (ii) In the event of permit expiration and before work for which such permit was required can be commenced or recommenced, a new permit shall first be obtained (hereafter, a "renewal permit'). The applicant must pay all applicable renewal fees, in the amount then established by resolution of the City Council. If a renewal permit is applied for, the building official shall have the discretion to request a site inspection prior to its issuance and a miscellaneous inspection fee shall be paid by the applicant prior to inspection. The inspection fee shall be as specified by resolution of the City Council. In addition, the applicant may be required to resubmit plans and specifications, when deemed necessary by the building official to verify compliance with the building codes, ordinances, regulations, standards, and laws in effect at the time the renewal permit is applied for. (iii) Upon issuance of a renewal permit, the building official may allow the applicant to commence or recommence such work from the last successful inspection of record under the original permit. When an expired building permit includes expired sub -permits, activation of the renewal permit shall activate all subsequent expired sub -permits. All work to be performed under a renewal permit must be completed in accordance with the building codes, ordinances, regulations, standards, and laws in effect on the date of issuance of the renewal permit. (iv) Demolition permits shall expire by limitation and shall become null and void if the work authorized by such permits is not substantially commenced within 45 -days of the date such permit was issued or as otherwise specified by the building official. (7) Section 105.5.1 is added to the California Administration Code to read as follows: 105.5.1 Expiration of permit for unlawful structure. Notwithstanding any provision of Section 105.5, if a building permit was issued in order to bring an un -permitted structure or other unlawful, substandard, or hazardous condition into compliance with any applicable law, ordinance, rule or regulation, such permit shall expire by limitation and become null and void 90 days after the date 9 on which the permit was issued if all work has not been completed and final inspection approved by the building inspector per Section 110.3. 10 prior to the close of the 90 day period. The building official may extend the validity of the permit for a period not exceeding 90 days beyond the initial 90 day limit upon written request by the applicant filed with the building official prior to the expiration date of the original permit. Where a project cannot reasonably be completed within the timeframes listed in this Section, an applicant may request in writing, prior to issuance of permit or prior to expiration of permit, building official approval of a longer period not to exceed 360 days in total, inclusive of all available extensions. (8) Section 105.8 is added to the California Administration Code to read as follows: 105.8 Qualifications of permittee. No person shall be issued a permit under this Chapter until evidence of a valid California Contractor's License and Workers' Compensation Insurance is presented to the building official. EXCEPTION: Owner -builder permit may be issued for specified occupancies in accordance with California law. (9) Section 109.1 of the California Administration Code is amended to read as follows: 109.1 Permit fees. The fees required in this Chapter shall be paid to the Building Official for all work for which a permit is required by this Title. (10) Section 109.4 of the California Administration Code is amended to read as follows: 109.4 Work commencing before permit issuance. Failure to obtain a permit and to pay fees therefore before commencing work shall be deemed evidence of violation of the provisions of this Chapter. A penalty, as established by resolution of the City Council, shall be assessed for work commenced before a permit is issued. Whenever any work for which a permit is required under the provisions of this Chapter has been commenced without the authorization, a special investigation may be required before a permit will be issued for any such work. In addition to any regular permit fee and/or any penalty fee, the said investigation fee shall be collected as established by resolution of the City Council. (11) Section 109.6 of the California Administration Code is amended to read as follows: 109.6 Fee refunds. The building official shall collect such fees as are required to be paid by this Chapter and shall make no refund of fees paid except in accordance the provisions of this Section and in no event after one hundred eighty (180) days have elapsed from the date of the issuance of the permit. All requests for refund of fees paid shall be made in writing to the building official and shall be made in accordance with the procedures and refund schedule established by resolution of the City Council. 7 (12) Section 109.7 is added to the California Administration Code read as follows: 109.7 Plan review fees. When a plan or other data is required to be submitted for review and approval by the building official pursuant to this Chapter, a plan review fee shall be paid at the time of submittal of such plan or other data. Said plan review and recheck fees shall be established, and may be amended from time to time, by resolution of the City Council. (13) Section 110.3.4.1 is added to the California Administration Code to read as follows: 110.3.4.1 Accessibility rough inspection. Accessibility rough inspections shall be made at the same time with rough frame inspections outlined in Section 110.3.4. Framing shall be verified for accessible dimensions and site access features shall be prepared, non -accessible features demolished, and measurements verified for installation of curb ramps, slope of surfaces, future concrete or asphalt installation, signage locations prepared, discrepancies between plans and site conditions resolved, and any other accessible features as determined by the building official. (14) Section 113.1 of the California Administration Code is amended to read as follows: 113.1 Appeals. A decision of the building official regarding the interpretation or implementation of any provision of this Chapter or the Code adopted hereby shall be final and shall become effective forthwith upon the service of the decision by the building official, in writing, upon the permittee. For the purposes of this section, service upon the permittee shall mean either personal delivery or placement in the United States Mail, postage prepaid, and addressed to the permittee at his last known business address; provided, however, that the permittee may, within ten (10) days after the effective date of the decision of the building official, file an appeal with the City Clerk, in writing, specifying the reason or reasons for the appeal and requesting that the Board of Appeals review the decision of the building official. (15) Section 113.3 of the California Administration Code is amended to read as follows: 113.3 Board of Appeals. The City Council shall act as the Board of Appeals in making a final determination of any appeal filed in accordance with the provisions of Section 113.1. The City Clerk shall schedule a hearing on the appeal at reasonable times at the convenience of the Board of Appeals, but not later than thirty (30) days after receipt of the written appeal. The permittee may appear in person before the Board or be represented by an attorney and may introduce evidence to support his claim. The building official shall transmit to the Board all records, papers, documents, and other materials in support of his decision and shall provide a copy thereof to the permittee appealing the decision of the building official. The permittee appealing the decision of the building official shall cause, at his own expense, any tests or research required 7 by the Board to substantiate his claim to be performed or otherwise carried out. The Board may continue such appeal hearing from time to time as deemed necessary by the Board. The Board may, by resolution, affirm, reverse or modify in whole or in part, any appealed decision, determination, or interpretation of the building official. A copy of the resolution adopted by the Board shall be mailed to the permittee and the Board's decision shall be final upon the mailing, by United States Mail, postage prepaid, to the permittee's last known address of record. The determination of value or valuation under any of the provisions of this Chapter shall be made by the building official whose determination shall be final. The value is to be utilized in computing the permit and plan review fees established pursuant to this Chapter shall be the total value of all work for which the permit is issued including, by way of illustration and not by limitation, construction and finish work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire -extinguishing systems, and all other permanent equipment. Sec. 15.00.130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. Secs. 15.00.140 —15.00.300. Reserved. SECTION 3: Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 3. - BUILDING CODE Sec. 15.00.310. California Building Code—Adopted. Sec. 15.00.320. Amendments to the California Building Code. Sec. 15.00.330. Penalties for violation of division. Sec. 15.00.310. California Building Code—Adopted. Except as amended by Section 15.00.320, the 2013 California Building Code (Part 2 of Title 24 of the California Code of Regulations), and Appendices C (Group U- M Agricultural Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2012 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.320. Amendments to the California Building Code. (1) Section 1505.1 of the California Building Code is amended to read as follows: 1505.1 Roof covering requirements. The roof covering or roofing assembly on any structure regulated by this Code shall as specified in Table 1505.1 and as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or fastened to the supporting roof construction and shall provide weather protection for the building at the roof. (2) Section 1505. 1.1 of the California Building Code is amended to read as follows: 1505.1.1 Roof coverings within high fire hazard severity zones. Unless governed by more stringent requirements of this Code, buildings within any area designated as a Very -High Fire Hazard Zone shall have a fire -retardant roof covering that is at least a Class A, as specified below: (i) Section 1505.1.1 is applicable to the entire roof covering of new buildings, to the entire roof covering of existing buildings where twenty- five percent (25%) or more of the roof area is replaced within any one- year period, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure. (ii) The installer of the roof covering shall provide certification of the roof covering classification to the building owner and, when requested, to the inspection authority having jurisdiction. (3) Section 1505.1.3 of the California Building Code is amended to read as follows: 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 25 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class C. (4) Section 1612. 1.1 is added to the California Building Code to read as follows: 1612.1.1 Flood hazard. Buildings are not permitted in an area determined by the City Engineer to be subject to flood hazard by reason of inundation, overflow, or erosion. The placement of the building and other structures (including walls and fences) 10 on the building site shall be such that water or mud flow will not be a hazard to the building or adjacent property. EXCEPTION: This prohibition shall not apply when provision is made to eliminate such flood hazard to the satisfaction of the City Engineer by providing adequate drainage facilities, by protective walls, suitable fill, raising the floor level of the building, a combination of these methods, or by other means. (5) Section 1801.3 is added to the California Building Code to read as follows: Section 1801.3 Seismic hazard zone maps. Special studies zones maps within the City of Diamond Bar prepared under Sections 2622 and 2623 of the California Public Resources Code which show traces of earthquake faults are hereby declared to be, on the date of official issue, a part of this Code, and may be referred to elsewhere in this Code. Special studies zones maps revised under the above Sections of the California Public Resources Code shall, on the date of their official issue, supersede previously issued maps which they replace. Copies of each of the above maps shall be available for examination by the public at the Department of Public Works, Department of Community Development, and the Office of the City Clerk. (6) Section 1803.1 of the California Building Code is amended by the addition of a second paragraph to read as follows: The City Engineer in the case of an application for a grading permit or if the Building Official determines necessary, may require an engineering geology or geotechnical engineering report, or both, where in his opinion such reports are essential for the evaluation of the safety of the site. The engineering geology or geotechnical engineering report or both shall contain a finding regarding the safety of the building site for the proposed structure against hazard from landslide, settlement or slippage and a finding regarding the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site. Any engineering geology report shall be prepared by a certified engineering geologist licensed by the State of California. Any geotechnical engineering report shall be prepared by a civil engineer qualified to perform this work, such as a geotechnical engineer experienced in soil mechanics. When both an engineering geology and geotechnical engineering report are required for the evaluation of the safety of a building site, the two reports shall be coordinated before submission to the City Engineer and/or Building Official. Any finding regarding the safety of the building site and the effect that the proposed building or grading construction will have on the geologic stability of property outside of the building site must be substantiated with sufficient data and analyzed in a manner consistent with the current industry standard of care and must be concurred with by the City Engineer and/or Building Official who may rely on the opinion of independent geotechnical reviewers. 11 (7) Section 1803.8 is added to the California Building Code to read as follows: 1803.8 Geologic hazards. No building or grading permit shall be issued under the provisions of this Section 1803 when the City Engineer finds that property outside the site of the proposed work could be damaged by activation or acceleration of a geologically hazardous condition and such activation or acceleration could be attributed to the proposed work on, or, change in use of, the site for which the permit is requested. For the purpose of this Section, geologically hazardous condition does not include surface displacement due to earthquake faults. (8) Section 1803.8.1 is added to the California Building Code to read as follows: 1803.8.1 Work requiring a building or grading permit by this Code is not permitted in an area determined by the City Engineer to be subject to hazard from landslide, settlement, or slippage. These hazards include those from loose debris, slope wash and the potential for mud flows from natural slopes or graded slopes. For the purposes of this Section, landslide, settlement, or slippage does not include surface displacement due to earthquake faults. (9) Section 1803.8.2 is added to the California Building Code to read as follows: 1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in the following cases: (i) When the applicant has submitted an engineering, geology and/or geotechnical engineering report or reports complying with the policies and provisions of City Engineer which report or reports show that the hazard will be eliminated prior to the use or occupancy of the land or structures by modification of topography, reduction of subsurface water, buttressing, a combination of these methods, or by other means. (ii) When the applicant has submitted an engineering geology and/ geotechnical engineering report or reports complying with the policies and provisions of the City Engineer which report or reports contain sufficient data to show that the site appears to be in no danger for the intended use. (10) Section 1809.4 of the California Building Code is amended to read as follows: 1809.4 Foundations on expansive soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. Slab -on -grade and mat -type footings for buildings located on expansive soils may be designed in accordance with the provisions of Section 1808.6.2 or such other engineering design based upon geotechnical recommendation as approved by the Building Official. Where such an approved method of construction is not provided, foundations and floor slabs shall comply with the following requirements: 12 (i) Depth of foundations below the natural and finish grades shall be not less than 24 inches for exterior and 18 inches for interior foundations. (ii) Exterior walls and interior bearing walls shall be supported on continuous foundation. (iii) Foundations shall be reinforced with at least two continuous one -half- inch diameter deformed reinforcing bars top and bottom. Two bars shall be placed within four inches of the bottom of the foundation and two within four inches of the top of the foundation. (iv) Concrete floor slabs on grade shall be cast on a four -inch fill of coarse aggregate or on a moisture barrier membrane. The slabs shall be at least three and one-half inches thick and shall be reinforced with welded wire mesh or deformed reinforcing bars. Welded wire mesh shall have. a cross-sectional area of not less than five -hundredths square inch per foot each way. Reinforcing bars shall have a diameter of not less than three- eighths inch and be spaced at intervals not exceeding 24 inches each way. (v) The soil below an interior concrete slab shall be saturated with moisture to a depth of 18 inches prior to casting the concrete. (11) Section 3109.4.1 of the California Building Code is amended to read as follows: 3109.4.1 Barrier Height and clearances. The top of the barrier shall be not less than 60 inches (1524 mm)above grade measured on the side of the barrier that faces away from the swimming pool. The vertical clearance between grade and the bottom of the barrier shall be not greater than 2 inches (51 mm) measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the vertical clearance between the top of the pool structure and the bottom of the barrier shall be not greater than 4 inches (102 mm). (12) Section J101.3 is added to Appendix J of the California Building Code to read as follows: J101.3 Hazardous conditions. Whenever the City Engineer determines that any existing excavation, embankment or fill has become a hazard to life and limb, or endangers property, structures, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation, embankment or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall within the period specified therein repair, reconstruct or remove such excavation, embankment or fill so as to eliminate the hazard in conformance with the requirements of this Code. (13) Section J101.4 is added to Appendix J of the California Building Code to read 13 as follows: J101.4 Maintenance of protective devices and rodent control. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to issuance of such permit. (14) Section J101.5 is added to Appendix J of the California Building Code to read as follows: J101.5 Correlation with other sections. The provisions of this chapter are independent of the provisions of Division 9, Building and Property Rehabilitation Code of Title 15 of the Diamond Bar City Code. (15) Section J102.1 of Appendix J of the California Building Code is revised by adding the following definitions: BUILDING OFFICIAL. Whenever in Appendix J the term "Building Official' is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar except in Sections 106 and 112 of Appendix J respectively. BUILDING CODE OFFICIAL. Whenever in Appendix J the term 'Building Code Official' is used, said term shall mean, and all powers and duties to be exercised by the Building Official shall be vested in, the City Engineer of the City of Diamond Bar except in Sections 106 and 112 of Appendix J respectively. CIVIL ENGINEER. A professional engineer registered in the State of California to practice in the field of civil engineering works. CIVIL ENGINEERING. The application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil engineering works. DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the grading plans for the site grading work. ENGINEERING GEOLOGIST. Shall mean a person experienced and knowledgeable in engineering geology and holding a valid certificate of registration as a geologist issued by the State of California. GEOTECHNICAL ENGINEER. See "Soils Engineer." GEOTECHNICAL HAZARD. An adverse condition due to landslide, settlement, and/or slippage. These hazards include but are not limited to loose debris, slopewash, and mud flows from natural or graded slopes. 14 LANDSCAPE ARCHITECT. A person holding a valid certificate of registration as a landscape architect issued by the State of California. SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer experienced and knowledgeable in the practice of soils (geotechnical) engineering and holding a valid certificate of registration as a soils (geotechnical) engineer issued by the State of California. SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of the principals of soils mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection or testing of construction thereof. (16) Section J103.1 of Appendix J of the California Building Code is amended to read as follows: J103.1 Permits required. Except as exempted in Section J103.2, no person shall do any grading without first obtaining a grading permit from the City Engineer. A separate permit shall be required for each site, and may cover both excavations and fills, except that a grading permit may be issued for a site to include incidental minor work outside the site on contiguous property, provided that the owner of such contiguous property has filed with the City Engineer written consent to the work. Such consent shall include a statement that the owner will irrigate and maintain planted slopes and maintain drains located within his property and the owner will hold the City of Diamond Bar free and clear of any liability for damages to the proposed work. A grading permit does not include the construction of retaining walls or other structures. (17) Section J103.3 is added to Appendix J of the California Building Code to read as follows: J103.3 Other permits required and jurisdiction of other agencies. J103.3.1 Other permits required. Permits issued under the provisions of Appendix J convey no right to erect any foundation, structure or building, or construct any swimming pool, spa or hot tub, or do any plumbing work, or do any electrical work. Regular foundation, structure or building; swimming pool, spa or hot tub; plumbing; electrical or other permits shall be secured for all such work. J103.32 Jurisdiction of other agencies. Permits issued under the provisions of Appendix J shall not relieve the owner of the responsibility for securing permits, licenses or approvals that may be required from other departments or divisions of the governing agencies. (18) Section J103.4 is added to Appendix J of the California Building Code to read as follows: J103.4 Grading designation. Grading involving any fill intended to support structures, or grading for the development of more than one lot or parcel, or 15 grading in excess of 50 cubic yards, or grading which includes excavation or fill in excess of 5 feet in depth or height shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as "engineered grading". All other grading shall be designated as "regular grading" unless the permittee chooses to have the grading performed as "engineered grading" or unless the City Engineer determines that special conditions or unusual hazards exist, in which case grading shall be designated as and conform to the requirements of "engineered grading". (19) Section J104.5 is added to Appendix J of the California Building Code to read as follows: J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the California Building Code as duly adopted, are applicable to grading permits. The City Engineer may require that grading operations and project designs be modified if delays occur which incur weather -generated problems not considered at the time the permit was issued. The City Engineer may require professional inspection and testing by the soils engineer. When the City Engineer has cause to believe that geologic factors may be involved, the grading will be required to conform to "engineered grading". The City Engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the City Engineer in an amount equal to that which would be required in the surety bond. (20) Section J104.6 is added to Appendix J of the California Building Code to read as follows: J104.6 Denial of permit. J104.6.1 Flood and geologic hazards. The City Engineer shall not issue a grading permit in any case where he finds that the work, as proposed by the applicant, is likely to adversely affect the stability of adjoining property or result in the deposition of debris on any public way or interfere with any existing drainage course or be in any area determined to be subject to flood or geologic hazard under provisions of Section 117 of Chapter 1 of the 2013 California Building Code, as duly adopted and amended. EXCEPTION 1: This prohibition shall not apply when provision is made to eliminate such flood or geologic hazard to the satisfaction of the City Engineer under the provisions of Section 116 of Chapter 1 of the 2013 California Building Code, as duly adopted and amended. 16 EXCEPTION 2: This prohibition shall not apply when grading work in an existing drainage course and is designed to meet all requirements for grading in drainage courses under the City's Hillside Management Ordinance and provision is made to the satisfaction of the City Engineer to adequately collect, convey and discharge flows through the project without increasing erosion or deposition of debris or adversely affecting upstream or downstream properties. 104.6.2 Land use. The City Engineer shall not issue a grading permit for any work on the site unless the proposed uses shown on the grading plan for the site will comply with the provisions of the Zoning Code Ordinance of the City of Diamond Bar. (21) Section J104.7 is added to Appendix J of the California Building Code to read as follows: J104.7 Import and export of earth materials in excess of 10,000 cubic yards. J104.7.1 Transport over public maintained streets. In addition to other provisions of this Code, the following requirements shall apply when earth materials in excess of 10,000 cubic yards are to be exported from or imported to a grading site by transporting such materials over a publicly maintained street. (i) The point of access to the public street shall be located as approved by the City Engineer. (ii) Special safety precautions, including, but not limited to, the access road approach grade and alignment to the public street, sight distance at the intersection with the public street and traffic control devices may be required by the City Engineer. J104.7.2 Zoning ordinance compliance. No grading permit shall be issued for the import or export of more than 10,000 cubic yards of earth material to or from a grading site where such work would be classified as an "off-site transport grading project" as defined in Title 22 of the Diamond Bar Municipal Code, entitled "Development Code", unless the project is in conformance with Title 22. (22) Section J105.3 is added to Appendix J of the California Building Code to read as follows: J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or the engineering geologist of record is changed during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility in the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the City Engineer in writing of such change prior to the recommencement of such grading. 17 (23) Section J109.5 is added to Appendix J of the California Building Code to read as follows: J109.5 Overflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes steeper than five horizontal to one vertical to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or other special drainage controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. (24) Section J110.3 is added to Appendix J of the California Building Code to read as follows: J110.3 Temporary erosion control precautions. Grading operations shall be planned to avoid the rainy season, October 15 through April 15 of the following calendar year. Grading permits shall only be issued when a plan for erosion control and silt retention has been approved by the City Engineer. J110.3.1 The City Engineer shall not issue a grading permit for any work to be commenced between October 15 of any year and April 15 of the following calendar year, unless detail plans for such work include the details of protective measures, including desilting basins or other temporary drainage control measures, or both, as may be necessary to protect the adjoining public and private property from damage by erosion, flooding or deposition of debris which may originate from the site or result from such grading operations. All protective measures shall be installed before grading is begun. All erosion control measures shall comply with any adopted National Pollutant Discharge Elimination System (NPDES) policies and standards of the City. J110.3.2 Where a grading permit is issued and grading work commenced after April 15 and before October 15 of any year and the plans for such work do not include details of the protective measures described in J110.3a, and it appears that the grading and installation of the permanent drainage devices as authorized by the permit will not be completed by October 15, then, on or before October 15 the owner of the site on which the grading is being performed shall file or cause to be filed with the City Engineer revised detail plans which include details of the protective measures described in, and in all other respects follow, the provisions of J110.3a. J110.3.3 Effect of noncompliance. Should the owner fail to submit detail plans or to provide the protective measures required by Sections J110.3a and J110.3b by the date specified therein, it shall be deemed that a default has occurred under the conditions of the grading permit security. Thereupon the City Engineer may enter the property for the purpose of installing, by City forces or other means, the drainage and 18 erosion control devices shown on the approved detail plans, or if there are no approved detail plans, as may be deemed necessary to protect adjoining property from storm damage, or the City Engineer may cause the owner of the site to be prosecuted as a violator of this Code, or he may take both actions. (25) Section J110.4 is added to Appendix J of the California Building Code to read as follows: J110.4 Permanent erosion control. J110.4.1 Planting and irrigation. The surface of all manufactured slopes shall be protected against damage by erosion by the installation of a permanent irrigation system and planting with ground cover, shrubs and/or trees which provide satisfactory long term erosion control. Planting and plant materials shall be specified and installed in accordance with the Hillside Management Ordinance of the City of Diamond Bar. The irrigation system shall provide adequate coverage and the proper application rate to maintain the appropriate moisture for the establishment and proper growth of the plantings installed, but the irrigation shall not saturate the slopes or cause erosion. J110.4.2 Planting and irrigation plans and specifications. For grading which includes cut slopes more than 5 feet in height; or fill slopes supporting structures of more than 3 feet in height; or natural slopes disturbed more than 10 feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the City Engineer and/or the Community Development Director. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect. J110.4.3 Rodent control. All manufactured slopes steeper than four horizontal to one vertical within a grading project adjacent to undeveloped or unoccupied land shall be protected from potential slope damage by a preventative program of burrowing rodent control. J110.4.4 Release of security. The planting and irrigation systems required by this Section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of grading security, the planting shall be well established and growing on the slopes and, where required by Section J110.4.c, there shall be evidence of an effective rodent control program. (26) Section J113 is added to Appendix J of the California Building Code to read as follows: J113 Completion of work. 19 J113.1 Final reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto are required for engineering grading or when professional inspection is performed for regular grading, as applicable. (i) An as -built grading plan prepared by the licensed civil engineer retained to provide such services showing original ground surface elevations, as -graded ground surface elevations, lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As -constructed locations, elevations and details of subsurface drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge work within their area of responsibility was done in accordance with the final approved grading plan. (ii) A report prepared by the licensed soils engineer retained to provide such services including locations and elevations of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within their area of responsibilities is in accordance with the approved soils engineering report and applicable provisions of this Chapter. (iii) A report prepared by the licensed engineering geologist retained to provide such services including a final description of the geology of the site and any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. Engineering geologists shall submit a statement that, to the best of their knowledge, the work within their area of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this Chapter. J113.2 Notification of completion. The permittee shall notify the City Engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted Sec. 15.00.330. Penalties for violation of division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any 20 person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. SECTION 4: Title 15 (Building and Construction Safety), Chapter 15.00, Division 4. Mechanical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 4. -MECHANICAL CODE Sec. 15.00.510. California Mechanical Code — Adopted. Sec. 15.00.520. Amendments to the California Mechanical Code. Sec. 15.00.530. Penalties for violation of division. Sec. 15.00.510. California Mechanical Code — Adopted. Except as amended by Section 15.00.520, the 2013 California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2012 Uniform Mechanical Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Mechanical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.520. Amendments to the California Mechanical Code (1) Section 101.4 is added to the California Mechanical Code to read as follows: 101.4 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Mechanical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Chapter 1 Division II of the Mechanical Code is to supplement the Administration Code. (2) Section 108.0 of the California Mechanical Code is amended to read as follows: 108.0 Board of Appeals. Refer to Administration Code Section 113. (3) Section 114.0 of the California Mechanical Code is amended to read as follows: 114.0 Fees. Refer to Administration Code Section 109. Sec. 15.00.530. Penalties for violation of division. 21 It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted is hereby committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. SECTION 5: Title 15 (Building and Construction Safety), Chapter 15.00, Division 5. Plumbing Code is hereby deleted in its entirety and replaced to read as follows: DIVISIONS. -PLUMBING CODE Sec. 15.00.710. California Plumbing Code — Adopted. Sec. 15.00.720. Amendments to the California Plumbing Code. Sec. 15.00.730. Penalties for violation of division. Sec. 15.00.710. California Plumbing Code —Adopted. Except as amended by Section 15.00.720, the 2013 California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations) and the appendices thereto, based on the 2012 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Plumbing Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times maintained by the City Clerk for use and examination by the public. Sec. 15.00.720. Amendments to the California Plumbing Code. (1) Section 101.4.1 is added to the California Plumbing Code to read as follows 101.4.1 Conflicts with Administration Code. Where conflicts between Chapter 1, Division II of this Plumbing Code and the Administration Code occur, the Administration Code will prevail. The purpose of Chapter 1, Division II of the Plumbing Code is to supplement the Administration. (2) Section 103.4 of the California Plumbing Code is amended to read as follows: 103.4 Fees. Refer to Administration Code Section 109. (3) Section 722.6 is added to the California Plumbing Code to read as follows: 722.6 No such excavation shall be left unattended at any time unless the permittee shall have first provided a suitable and adequate barricade to assure 22 public safety. Sec. 15.00.730. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. SECTION 6: Title 15 (Building and Construction Safety), Chapter 15.00, Division 6. Electrical Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 6. - ELECTRICAL CODE Sec. 15.00.710. California Electrical Code —Adopted. Sec. 15.00.720. Amendments to the California Electrical Code. Sec. 15.00.730. Penalties for violation of division. Secs. 15.00.140. — 15.00.300. Reserved. Sec. 15.00.910. California Electrical Code — Adopted. Except as amended by Section 15.00.920, the 2013 California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including the appendices thereto, based on the 2011 National Electrical Code published by the National Fire Protection Association, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. Sec. 15.00.920. Amendments to the California Electrical Code. (1) Section 89.101.7.4 is added to the California Electrical Code to read as follows 89.101.7.4 Conflicts with Administration Code. Where conflicts between Article 89 of this Electrical Code and the Administration Code occur, the Administration Code shall prevail. The purpose of Article 89 of the Electrical Code is to supplement the Administration Code. (2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows: 89.108.4.2 Fees. Refer to Administration Code Section 109. 23 (3) Section 89.108.8 of the California Electrical Code is amended to read as follows: 89.108.8 Appeals Board. Refer to Administration Code Section 113. (4) Section 590.3(8) of the California Electrical Code is amended to read as follows: 590.3(8) 30 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes. Sec. 15.00.930 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Division. SECTION 7: Title 15 (Building and Construction Safety), Chapter 15.00, Division 12. Residential Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 12. — RESIDENTIAL CODE Sec. 15.00.3210. California Residential Code —Adopted. Sec. 15.00.3220. Amendments to the California Residential Code. Sec. 15.00.3230. Penalties for violation of division. Sec. 15.00.3210. California Residential Code—Adopted. Except as otherwise provided by this Title, Sections 102 to 116 of the Administration Code, Section 1207 of Chapter 12, Chapter 34, and Appendix J of the 2013 California Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby adopted and incorporated herein by reference as though fully set forth in this Division, and shall be known as Sections 102 to 116 of Chapter 1, Section 1207 of Chapter 12, Chapter 34, and Appendix J of the 2013 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations). Except as amended by Section 15.00.3220, the 2013 California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and Appendices G (Swimming Pools, Spas and Hot Tubs), H (Patio Covers), J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2012 International Building Code published by the International Code Council, is hereby adopted and incorporated herein by reference as though fully set forth in this Division 24 and shall constitute the Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Sec. 15.00.3220. Amendments to the California Residential Code. (1) Section R301.1.3.2 of the California Residential Code is amended to read as follows: R301.1.3.2 Woodframe structures. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories and basement in height located in Seismic Design Category A, B or C. Notwithstanding other sections, the law establishing these provisions is found in Business and Professions Code sections 5537 and 6737.1. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2. (2) Sections R313.1 and R313.2 of the California Residential Code are revised by amending the exception to these two Sections to read as follows: Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential fire sprinkler system unless the addition or alteration affects more than 90% of an existing structure located within a Very High Fire Hazard Severity Zone. In that instance, modifications to more than 90% of the existing structure shall be considered a new structure and shall require the installation of an automatic residential fire sprinkler system and meet Fire Zone requirements. (3) Section R327.1.3 of the California Residential Code is amended to restate exemption 4 as follows: 4. Additions to and remodels of buildings originally constructed prior to the applicable application date that do not affect more than 90% of the existing structure. Modifications to more than 90% of the existing structure shall be considered a new structure. (4) Section R327.2 of the California Residential Code is revised by adding a third paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as follows: The City Council hereby designates Very High Fire Hazard Severity Zones as recommended by the Director of the California Department of Forestry and Fire Protection (Cal Fire) and as designated on a map titled Very High Fire Hazard Severity Zones in Local Responsibility Area (LRA) for Diamond Bar by Cal Fire - Fire and Resource Assessment Program (FRAP), dated February 2011 and 25 retained on file at the office of the Building Official. (5) Section R332 is added the California Residential Code to read as follows: R332 Structural Tests and Inspections. Structural test and inspection requirements which are omitted from the California Residential Code are intended to refer to the California Building Code. When structural tests and special inspections are required due to the methods of construction the tests and inspections shall be performed and documented as required in Chapter 17 of the California Building Code. (6) Section R333 is added to the California Residential Code to read as follows: R333 Pool Barrier Requirements. Pool barrier criteria are not explicitly located within the California Residential Code and are intended to refer to the California Building Code. Where any body of water over 18" occurs, refer to California Building Code Section 3109 for pool barrier requirements. (7) Section R334 is added to the California Residential Code to read as follows: R334 Sound Transmission Control. Criteria for sound transmission control between dwelling units and outside noise shall be as provided in the California Building Code. Refer to Section 1207 of the California Building Code for criteria where sound transmission applies. (8) Section R403.1.4.1 of the California Residential Code is amended to read as follows: R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a registered geotechnical engineer, foundation systems within the City of Diamond Bar are considered to be on expansive soil and shall be constructed in a manner that will minimize damage to the structure from movement of the soil. See Building Code Section 1809.4 for requirements. (9) Section R602.10 of the California Residential Code is amended by the addition of an exception to read as follows: R602.10 Wall bracing. EXCEPTION: Construction documents shall be designed in accordance with engineered design by a California licensed architect or engineer per the California Building Code for dwellings of wood frame construction more than one story. 26 (10) Section R602.10.8, paragraph 1, of the California Residential Code is amended to read as follows: R602.10.8 Braced wall panel connections. 1. Parallel rafters or roof trusses shall be attached to the top plates of braced wall panels through solid blocking and framing anchors or equal each bay. No gaps or voids from the roof sheathing through the entire connection shall occur. (11) Section AG105.2(1) of Appendix G of the California Residential Code is amended to read as follows: AG105.2(1) Pool Barriers. Refer to Building Code Section 3109.4.1 for pool barrier requirements. Sec. 15.00.3230 Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. SECTION 8: Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green Building Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 13. — GREEN BUILDING CODE Sec. 15.00.3240. California Green Building Code—Adopted. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. Sec. 15.00.3240. California Green Building Code —Adopted. Except as amended by Section 15.00.3250, the 2013 California Green Building Code (Part 11 of Title 24 of the California Code of Regulations), without appendices, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Green Building Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape 27 ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full force notwithstanding the adoption of the California Green Building Code. Sec. 15.00.3250. Reserved. Sec. 15.00.3260. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Division. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Division. SECTION 8: Title 15 (Building and Construction Safety), Chapter 15.00, Division 9. Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 9. — REHABILITATION CODE Sec. 15.00.1510. Los Angeles County Building Code —Adopted. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. Sec. 15.00.1530. Penalties for violation of division. Secs. 15.00.1540 — 15.00.1700. Reserved. Sec. 15.00.1510. Los Angeles County Building Code —Adopted. Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings, Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title 26 of the Los Angeles County Building Code, based on the Uniform Building Code, is hereby adopted and incorporated herein by reference as the Rehabilitation Code of the City. Sec. 15.00.1520. Amendments to the Los Angeles County Building Code. (1) Section 9902.1 of Chapter 99 of the Los Angeles County Building Code is amended to read as follows: BOARD, as used by this Chapter, the term 'Board," 'Building Rehabilitation Appeals Board," or 'Board of Supervisors" shall mean the City Council of the City of Diamond Bar. All powers and duties to be exercised by the 'Board," "Building Rehabilitation Appeals Board," or 'Board of Supervisors" shall be vested in the City Council of the City of Diamond Bar. (2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building 9-1 Code to read as follows: COUNTY, as used by this Chapter, shall mean the City of Diamond Bar. All powers and duties to be exercised by the County shall be vested in the City of Diamond Bar. (3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building Code to read as follows: Garbage containers and receptacles stored in front or side yards visible from public streets, except when placed in areas for collection not earlier than sunset of the day preceding the designated day for collection, and all containers and receptacles shall be removed from the place of collection prior to 10:00 p.m. of the day the containers and receptacles have been emptied. (4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted in its entirety. (5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is amended to read as follows: The costs involved in the demolition or other work by the Building Official, including in addition to other costs the applicable processing costs as set forth in Resolution 91-54 (fee schedule), shall become a special assessment against the property. Sec. 15.00.1530. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with the requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the code adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. Secs. 15.00.140 — 15.00.300. Reserved. SECTION 9: Title 15 (Building and Construction Safety), Chapter 15.00, Division 7. Uniform Housing Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 7. — HOUSING CODE Sec. 15.00.1110. Uniform Housing Code —Adopted. Sec. 15.00.1120. Amendments to the Uniform Housing Code. Sec. 15.00.1130. Penalties for violation of division. Secs. 15.00.1140-15.00.1300. Reserved. Sec. 15.00.1110. Uniform Housing Code —Adopted. Except as amended by Section 15.00.110, the 1997 Uniform Housing Code, published by the International Conference of Building Officials, is hereby adopted and incorporated herein by reference as though fully set forth in this Division and shall constitute the Housing Code of the City of Diamond Bar. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the City Clerk for use and examination by the public. In the event of any conflict between the provisions of the 1997 Uniform Housing Code and California Health and Safety Code section 17920.3, the Health and Safety Code provisions shall control. Sec. 15.00.1520. Amendments to the Uniform Housing Code. (1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their entirety. All administrative, permitting, definitions, and related requirements of said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by Division 2 of this Chapter. Sec. 15.00.1130. Penalties for violation of division. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this division. Any person, firm, partnership, or corporation violating any provision of this division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this division or the Codes adopted hereby is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this division. SECTION 10: Title 15 (Building and Construction Safety), Chapter 15.00, Division 8. Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted in its entirety and replaced to read as follows: DIVISION 8. — RESERVED Secs. 15.00.1310 —15.00.1330. Reserved. Secs. 15.00.1310 —15.00.1330. Reserved. SECTION 11: Any inconsistencies between the Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this Ordinance, and the 2013 California Building Code, Residential Code, Green Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4, 30 and 5, respectively, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 12: To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. SECTION 13: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 14: This ordinance shall be effective upon adoption and shall become operative on the of January, 2014. PASSED, ADOPTED AND APPROVED this 15th day of October 2013. Mayor I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2013, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT:. COUNCIL MEMBERS: ATTEST: City Clerk City of Diamond Bar 31 Agenda # Meeting Date: October 15, 2013 CITY COUNCIL q - MAGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: First Reading of Ordinance No. X (2013) amending Title 15 of the Diamond Bar Municipal Code to adopt the 2013 California Building Standards Codes (Title 24 C.C.R. parts 2, 2.5, 3, 4, 5 and 11) as amended by the City. RECOMMENDATION: Introduce first reading by title only and waive full reading of Ordinance No. X (2013), and set second reading for November 19, 2013. W616YAaIJtl7eToIP None. BACKGROUND: The City Council previously adopted the 2010 California Building Codes on December 7, 2010. Typically, every three years the State of California (State) reviews various Model Building Codes and adopts the most current California Building Standards Codes printed by the International Code Council (ICC) as mandated by State Health and Safety Code Section 17958. After adopting the 2012 ICC codes, along with California amendments, the State published the 2013 California Building Standards Codes in July of this year. The 2013 codes will become effective on January 1, 2014. Local cities may enact modify the State codes to enact more restrictive building standards as needed to protect the public health, welfare and wellbeing due to local climatic, geological, or topographical conditions. Any local modifications to the State codes must be enacted and effective by January 1, 2014. PROPOSED CALIFORNIA BUILDING CODES WITH DIAMOND BAR'S LOCAL AMENDMENTS: General: The codes adopted by the State are the "California Building Code" (CBC), 2013 Edition, Volumes 1 and 2, the "California Residential Code" (CRC), 2013 Edition, the "California Green Building Code" (CALGreen), the "California Mechanical Code" (CMC), 2013 Edition, the "California Plumbing Code" (CPC), 2013 Edition, and the "California Electrical Code" (CEC), 2013 Edition. The State mandated changes to the codes include a rewrite of the Accessibility Standards to align with the Americans with Disabilities Act requirements, more stringent energy efficiency measures, requiring additions to meet Green Building criteria, and reorganization of the electrical wiring requirements. Other codes adopted by the State, but which are included with this adoption, are the 1997 Uniform Housing Code and Substandard Building requirements contained in Chapters 98 & 99 of the Los Angeles County Amendments, 2011 Edition. The 1997 Uniform Housing Code is used by our prosecutor's office for housing issues that cannot be found in the Substandard Building requirements in the Los Angeles County Amendments (Chapters 98 & 99). The 2000 Uniform Pool, Spa and Hot Tub Code is being removed from the municipal code adoption since it is no longer necessary as the Building, Energy, and Plumbing Codes contain all the necessary regulations pertaining to these uses. All of these codes were previously adopted and are reintroduced with only clerical modifications to refer to the Building Code Administrative section and updating to the most current regulations. New State Mandated Building Code Requirements: Every new Building Code adoption brings in additional construction requirements. The 2013 California Building Code creates several new requirements. The items listed below are all State mandated requirements. The local municipal amendments will be discussed in the "Local Amendments" section: Plumbing Fixtures: The California Civil Code Section 1101.1 to 1101.8 was implemented by the State legislature which requires plumbing fixtures that are not low flow to be retrofitted to low flow. It was an effort to increase the reliability of the water system and ensure an environmentally and economically beneficial water delivery system. The requirement is an update of the original 1994 law that first required low flow fixtures. It now applies to additions over 10% of the existing floor area or work over $150,000 in cost. When these thresholds are met, all fixtures are to be retrofitted to low flow, including areas outside the area of remodel. California Green Building Standards Code—Additions: The California Green Building Standards Code (CALGreen) was implemented the first time during the last code cycle. While these standards do not relate to the safety of buildings, the development of the code was intended to (1) cause a reduction in greenhouse gas emissions from buildings; (2) promote environmentally responsible, cost-effective, healthier places to live and work; (3) reduce energy and water consumption; and (4) respond to the directives by the Governor. In short, the code was established to reduce construction waste, make buildings more efficient in the use of materials and energy, and reduce environmental impact during and after construction. These requirements currently are instituted for only new structures under the 2010 edition. Under the 2013 CALGreen, additions are to be included with these measures. Accessibility: The California Building Code has included accessibility requirements for decades. Unfortunately, the requirements had some misalignments with the Federal Americans with Disabilities Act (ADA). Therefore, the Division of the State Architect decided to completely revise the California Building Code to have the same format and at least the same or stricter requirements than the ADA. One of the most significant changes is to bathroom dimensions. The new code will require larger spaces between toilets and sinks which will in turn require larger bathrooms. The authors did realize this may cause difficulty in implementation, so to provide some leniency, the code language allows existing bathrooms that meet the 2010 CBC guidelines to be maintained. Energy Code: The California Energy Code has tightened up the requirements for insulation and window glazing. It now requires additional insulation and more energy efficient windows to be installed than prior codes. It also requires that larger developments design roofs to be "solar ready". Roof space needs to be provided for future installation for solar panels, and could require reorientation of roofs for solar access. Local Amendments: The proposed ordinance amends Title 15 of the Diamond Bar Municipal Code incorporating the new California Building Standards Codes. In addition, the proposed ordinance includes express findings and determinations that modifications to the building standards contained in the 2013 State codes are reasonably necessary because of local climatic, geological or topographical conditions. The most significant technical changes are summarized below: New Items Not Previously in Amendments: • Administration: CBC Section 105.5 — The current code vaguely describes when a permit expires as when a job is "suspended or abandoned". In review with the City Prosecutor's office, this can be loosely interpreted to mean that very limited work, such as hammering one nail, could prevent the City from deeming the project "suspended or abandoned". This has become a difficult matter for code enforcement cases which allows slow construction to continue indefinitely. As a result, we are amending this section to require a "successful inspection" occur. A successful inspection would give the building inspector more authority to prove if significant progress has been made. The recommended amendments also limit the length of time for permits that result in work started without a permit in order to expedite the resolution of these kinds of code enforcement cases. • Fire Sprinklers on Extensivelv Remodeled Homes: CRC R313.1, R313.2, & R327.1.3 — Fire sprinklers have been required by State code since the last code cycle but only for new single family homes. There are numerous cases where additions and alterations to existing dwellings have essentially been a new residence and by a technicality have not been required to install fire sprinklers or meet Fire Zone requirements. Areas that have been mapped by the State Fire Marshal as Very High Severity Fire Zones are in a dangerous fire hazard area and potential of fire hazards being present based on a technical loophole is reason for modification. Numerous applicants have left one or a few walls standing in order to establish the work as an addition rather than a new home in order to avoid various requirements including fire sprinklers and fire zone requirements. In order to prevent this, if over 90% of the home is new, it is considered completely new and would be required to meet all new requirements of the Building Code including sprinklers and fire zone requirements. Completion of Accessibility (ADA) Improvements at Rough Inspection: CBC 110.3.4 — Accessible upgrades are required whenever improvements are made to a commercial property. Most owners are unaware of this requirements and do not account for these costs when improving a facility. This causes the owners to defer site access issues to the end of projects and have caused delay with opening businesses. In order to prevent this from continuing, the proposal is to require an Accessibility Rough Inspection which would require preparation of all accessible improvements earlier in the construction process. The Accessible Rough Inspection would be required prior to or at passing rough frame inspection (when stud walls are installed prior to drywalling). Updated Items from Previous Code: • Pool Barriers/Fencing: CBC 3109.4.1 and CRC Appendix AG105.2(1) — Pool barriers/fencing are required by these as well as other similar sections of the Building and Residential Code. There is an inconsistency between the State mandated height and the model code. In order to avoid confusion, this section clarifies that a 5' high barrier is required consistent with the State mandate (4' is incorrectly listed in the model code). • Reorganize Technical Items to Appropriate Sections: CBC Sections 117 to 119 were previously placed in the Administrative chapter. Since they are technical items, they should be placed in the construction provisions of the Building Code. This is due to the State Health and Safety Code 17958 requiring construction related amendments to be supported by topographical, geologic, or climatic conditions. This is in contrast to administrative items that do not require this evidence which was where these items were previously placed. Sections 117 to 119 are moved to Sections 1612.1.1, 1801.3, 1803.1, and 1803.8 to coincide more appropriately to the technical provisions. The Sections in Chapter 16 and 18 are specific construction requirements for the items previously placed in Chapter 1. These Chapters are where design professionals would locate these requirements which deal with soils reports and flood hazard issues. These requirements remain the same and are only relocated to the appropriate position in the Building Code. • California Residential Code Consistency: Sections R403.1.3, R332 to R334, and AG105.2(1) - The California Residential Code applies to single family dwellings while much of the technical provisions were previously modified under the California Building Code. In order to have consistency, some items such as pool barriers, special inspections, sound transmission control, and expansive soil requirements listed in the California Residential Code are referenced to the California Building Code. The addition of these provisions do not change application of the code and are meant to further clarify application to dwellings. • Structural Earthquake Connections: CRC R602.10.8 — This Section is provided to ensure direct connection of building components for seismic/earthquake forces. The base code allows for a weaker nailed connection to resist lateral forces/earthquake loads. The base code considers the entire country and was left in the State code in error. The Los Angeles Regional Code Program and prior experience from earthquakes have shown the types of connectors allowed under the base code have performed poorly. This provision is not a new change and is currently in the City's Building Code. This is re -introduced as required by the Health and Safety Code. • Multi -Story Engineering: CRC R602.10 & R301.1.3.2 — This provision was created to be consistent with the Los Angeles County and the local regional code organizations. This section requires multi -story structures to be engineered where the base code allows for multi -story structures without engineering. The poor performance of these more complex structures has been proven by various studies the need for the knowledge of an engineer. The purview of an engineer will protect occupants from structural failure in this seismically active region. These requirements are not new and are re -introduced as required by the Health and Safety Code. • Fire Zone: CRC R327.2 — The City had previously adopted the Fire Zone maps created by CAL Fire in late 2008. The map has not changed but in order to maintain clarity and follow State law, the specific map is identified in the amendment. The map took some time after adoption to formally be placed on the CAL Fire website and was dated September 2011. This requirement is a clarification that does not change implementation of prior adoption. • Rehabilitation Code Update: Chapter 98 & 99 Los Angeles County Code - This section is generally the same as the prior adoption. This section is to update the Rehabilitation Code referencing to more current code sections. This section is part of the code enforcement criteria for minimum housing standards, thus enhancing the quality of life and preventing safety hazards in the City. It gives the City authority to address the maintenance of residential housing as it relates to required exiting, minimum light and ventilation, sanitation facilities, electrical wiring, weather protection, and abatement of substandard housing. Chapter 98 was also included for abandoned buildings which allows for enforcement of abandoned structures. Since this section is not a technical construction requirement, it does not need to have any special findings based on the Health and Safety Code. • Grading: Appendix J — This section is that same as the prior adoption with minor updates for the current code. This section transfers the power and duties usually exercised by the Building Official on all items dealing with excavation and grading to the City Engineer. This amendment is proposed due to the complexity of the submitted grading plans, and the diverse topography in the City of Diamond Bar. Dealing with this type of challenge requires the expertise of a civil engineer that is accustomed in addressing these projects, and this amendment would address this need. The adoption of the California Building Code 2013 edition will aid the Building Official and City Engineer in administrative, organizational and enforcement rules and regulations for the technical codes which regulate the site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the City. COMMENTS FROM OTHER AGENCIES AND ORGANIZATIONS: The Fire Department and City Attorney have received and reviewed the proposed California Building Code amendments, and find them to be acceptable in form and content. NOTICE OF PUBLIC HEARING: Pursuant to the Government Code, a pubic hearing notice was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune 10 days prior to the introduction and first reading of the ordinance. Prepared By: Raymond Tao Building Official Reviewed By: Greg Gubman Community Development Director Reviewed By: David Doyle Assistant City Manager Attachments: 1. Draft Ordinance No. X (2013) CITY COUNCIL Agenda # 6.10 Meeting Date: November S, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma r. TITLE: APPROVE AMENDMENT N 3 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DIAMOND BAR AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY FOR STATE ROUTE 60/LEMON AVENUE PARTIAL INTERCHANGE (ON & OFF RAMPS) CONSTRUCTION RECOMMENDATION: Approve. FINANCIAL IMPACT: The SR 60/1-emon Ave. Partial Diamond Interchange Project is fully funded by the following funding breakdown: SAFETEA-LU $9.6 Million Metro Prop C $2.294 Million Highway Safety Improvement Program (HSIP) $0.4 Million City of Industry $5.615 Million TOTAL $17.909 Million BACKGROUND/DISCUSSION: On December 2, 2008 the Council approved the Memorandum of Understanding (MOU) with Los Angeles County Metropolitan Transportation Authority (LACMTA) to secure $2,294,000 in grant funds for construction of the SR 60/1-emon Avenue Partial Interchange Project. LACMTA is funding this amount through Proposition C. local sales tax dollars. This previously approved MOU established funding and reimbursement guidelines in addition to a baseline project implementation schedule. This grant was originally approved for the construction phase of the project only. The project is currently in the right-of-way (ROW) phase which began in March 2012. As originally approved, this phase of the project was to be jointly funded by the Cities of Diamond Bar and Industry. ROW funding included 50.3% ($1,120,000) of Federal SAFETEA-LU funds approved for Diamond Bar in 2005 as part of an overall $9.6 Million grant, and 49.7% ($1,106,665) in local match funds committed by the City of Industry's Redevelopment Funds. In June 2011, the State Legislature approved the dissolution of more than 400 Redevelopment Agencies statewide. In February 2012, the Redevelopment Agencies were officially dissolved and as a result, the State's Department of Finance (DOF) took control of City of Industry Redevelopment Funds. While the ROW phase was underway for the project, the City of Industry was notified by the DOF that the project was not included in the Recognized Obligation Payment Schedule (ROPS) for 2013 and the Redevelopment Funds would not be available until after January 2014. In an effort to keep the project moving forward and avoid jeopardizing SAFETEA-LU funds, the Cities collaboratively worked together to seek alternatives to waiting until 2014 for the Redevelopment Funds to become available. The City worked with the State to obligate additional SAFETEA-LU funds to the ROW Phase and on June 25, 2013 Caltrans Local Assistance approved a total of $1,789,760 of SAFETEA-LU Funds to be used for the ROW Phase of the project. Shortly thereafter, staff began working with LACMTA to allocate $450,000 in the Metro Prop C funds from the construction phase to the ROW phase for the local match of the SAFETEA-LU Funds as well as the utility relocation work that is not eligible for federal funding. In addition to the $182,440 that Industry paid towards the right- of-way phase of the project prior to the dissolution of their Redevelopment Agency, Industry has committed to fully funding the construction phase of the project outside of the balance of SAFETEA-LU & Metro Prop C funds and the Highway Safety Improvement Program (HSIP) funds that will be directed towards construction. A breakdown of the proposed funding use for the SR 60/1-emon Avenue Partial Diamond Interchange Project is shown below: ROW Phase $450,000 MTA Funds $1,789,760 SAFETEA-LU Funds $182,440 Local Funds (Industry) TOTAL ROW Phase $2,422,200 Construction Phase $1,844,000 MTA Funds $7,810,240 SAFETEA-LU Funds $400,000 HISP Funds $5,432,560 Local Funds (Industry) TOTAL Con. Phase $15,486,800 TOTAL CONSTRUCTION ESTIMATE: $17,909,000 Upon approval of Amendment No. 3, a total of $450,000 of MTA Prop C funds will be authorized for the ROW Phase of the SR 60/1-emon Ave. Partial Diamond Interchange Project. PREPARED BY: DATE PREPARED: Kimberly M. Young, Associate Engineer October 22, 2013 REVIEWED 7:2. David G. Liu, birector of Public Work Attachments: Amendment No. 3 TIP#:LAOD399 PPNO 2975 CFP# F1121 AMENDMENT NO, 3 MOU.P000F1121 AMENDMENT No. 3 TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF DIAMOND BAR AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY This Amendment No. 3 to Memorandum of Understanding (this "Amendment"), is dated as of September 1, 2013, by and between City of Diamond Bar ("Grantee"), and the Los Angeles County Metropolitan Transportation Authority ("LACMTA"). RECITALS: A. Grantee and LACMTA entered into that certain Memorandum of Understanding No. MOU.P000171121, dated December 1, 2008, which was amended on August 24, 2011, which was amended on September 17, 2012 (as amended the "Existing MOU"), which Existing MOU provides for the State Route 60/Lemon Avenue Partial Interchange (On & Off Ramps) Construction; and B. Whereas, Grantee desires to include the Right -of -Way Scope of Work to the Existing MOU in order to use the Proposition C Funds as a match to the Federal SAFETEA-LU Funds and to perform Right -of -Way support and capital work. C. Whereas, a Board Box Item dated August 7, 2013 informing the LACMTA Board of the Grantee's request was approved. D. Grantee and LACMTA desire to amend the Existing MOU as provided herein. Rev: 08.16.11 1 MOU Local Amendment Prop C TIP#: LAOD399 PPNO 2975 AGREEMENT: CFP# F1121 AMENDMENT NO, 3 MOU.P000111121 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Part I, Paragraph 1 of the Existing MOU is hereby amended by deleting it in its entirety and replacing it with the following: "Title of the Project (the "Project"): State Route 60/Lemon Ave Partial Interchange (On & Off -Ramps) Right -of -Way and Construction. 2. Attachment A of the Existing MOU is hereby replaced by Attachment A-1, attached. 3. Attachment C of the Existing MOU is hereby replaced by Attachment C-1, attached 4. Attachment E of the Existing MOU is hereby replaced by Attachment E-1, attached. 5. Attachment F if the Existing MOU is hereby replaced by Attachment F- 1, attached 6. Part II, Paragraph 11 of Existing MOU is hereby amended by deleting it in its entirety and replacing it with the following: 11.1 Grantee shall ensure that all Communication Materials contain recognition of LACMTA's contribution to the Project as more particularly set forth in "Funding Agreement Communications Materials Guidelines" available on line or from the LACMTA Project Manager. Please check with the LACMTA Project Manager for the web address. The Funding Agreement Communications Materials Guidelines may he changed from time to time during the course of this Agreement. Grantee shall be responsible for complying with the latest Funding Agreement Communications Materials Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer, 11.2 For purposes of this Agreement, "Communications Materials" include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, and construction site signage. Amore detailed definition of"Communications Materials" is found in the Funding Agreement Communications Materials Guidelines. 11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. Rev: 08.16.11 2 MOU Local Amendment Prop C TIP#:LAOD399 CFP# F1121 AMENDMENT NO. 3 PPNO 2975 MOU.P000171121 11.4 Grantee shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section. 11.5 The LACMTA Project Manager shall be responsible for monitoring Grantee compliance with the terms and conditions of this Section. Grantee failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein. 7. Except as expressly amended hereby, the Existing MOU remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing MOU that are not expressly amended by this Amendment shall remain unchanged. Rev: 08.16.11 3 MOU Local Amendment Prop C TIP#:LAOD399 PPNO 2975 CFP# F1121 AMENDMENT NO.3 MOU.P000171121 IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be duly executed and delivered as of the above date. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY M Arthur T. Leahy Chief Executive Officer Approved as to form: JOHN F. IZRATTLI County Counsel Date: By Date: I6 kd a epu CITY OF DIAMOND BAR By: Jack Tanalca Mayor Approved as to form: M David A. DeBerry City Attorney Date: Date: Rev: 08.16.11 4 MOU Local Amendment Prop C O z 0 z D LL I - w w Q x CLr z LU S Q C m O N y Z V LL L O N in o E iL 0U E 6 m R N O Irn K CLU) E 0 0 F °a Z C W 0 W C � R o L V y z O i 2 tE LL R CL w c w 0 'o ¢ W E O LL J to V 0 O K r V W J F - p ww 0 � m Q LL ti IN IL # o iy a z m C O E R 0 O V � o O 0) D Z Y O ILs U U W O w a w z I., .. 7 E U Q O 2 00 0 00 00 0 o a F- N c�0 'm ro V M o m ;oIO LLO m o m rn m N 0N o'i Oi m' S' O O O O O O O O O O! LJ r J W M I O N 1 C,.4 I' N I LL NN ill LL 0� 0 Gip I, N .CSO M O O ;[IN' O r t0 h M .� } r T � LL �; 69 N3 U3 fA fH ffi � 0 0 `o of o: O O o O m '� m o' is o uoi N I f, Z 7 N a ` LL WN 4 0 0 d¢ O E W: N U V' O U LL U U " U U U Z O J �I 0 K m d' O d' d' en I'. 0:a =Z ZvFdZ ,ofL;i-O d o O oI'U O W O Od : s o o W � Oi 7 E U Q O 2 TIP#: LAOD399 PPNO: 2975 ATTACHMENT C-1 SCOPE OF WORK CFP# F1121 MOU.P000F1121 Amendment No. 3 State Route 60/Lemon Avenue Partial Interchange (On & Off —Ramps) Right -of -Way and Construction Overview The Cities of Diamond Bar and Industry, in cooperation with the California Department of Transportation (Caltrans) propose to constrict a new partial interchange on State Route 60 (SR - 60) at Lemon Avenue, Post Mile (PM) R21.5/R23.0 (kilometer post [KP] 34.6 to ICP 37.0). The project would improve traffic operations by providing direct access to SR -60 from the surrounding urbanized and largely built -out areas in the Cities of Diamond Bar and Industry at the new Lemon Avenue interchange. The project, Alternative 3 of the environmental document (FONSI) constructs a partial (three-legged) interchange, with a Westbound (WB) on-ramp, an Eastbound (EB) off -ramp, and an EB on-ramp at Lemon Avenue. It would also permanently remove the existing EB off- and on -ramps at Brea Canyon Road. An auxiliary lane from the proposed EB on-ramp to the connector to southbound (SB) SR -57 will be constructed Under this alternative. A segment of the existing sound wall along EB SR -60 west of Lemon Avenue would be removed and new sound walls would be installed along the edge of the roadway in the vicinity of the EB off and on -ramps. In order to complete the scope of work as identified the Cities will be acquiring partial right of way from twelve (12) properties in form of fees or easements. Utilities will also be relocated in order to accommodate for the improvements. Currently, the Cities have engaged the following consultants and Caltrans to provide the professional services needed in order to deliver the project. Caltrans services will be paid with funds from this MOU all other consultants are paid with local funds. Caltrans Right of Way Acquisition and Management of the Construction Jacobs Environmental Document and Design Documents CNC Engineering Project Management Avant Garde Funding Compliance Rev: 01. 16.08 1 MOU 08 Attachment C TIP#: LAOD399 PPNO: 2975 Project Schedule The milestones for the project are as follows: Milestone Completion Date Complete PA/ED December 2008 Complete PS&E October 2013 Begin R/W January 2012 R/W Certification December 2013 Ready to List January 2014 Advertise January 2014 Award February 2014 Construction Start February 2014 Construction Completion June 2014 Project Budget/Scope of Work CFP# F1121 MOU.P000F1121 Amendment No. 3 This MOU's Scope of Work includes right-of-way capital and associated right-of-way support costs as well as construction capital and associated construction support/engineering costs for the Project. The detailed budget breakdown for each project component funded with this MOU is provided in Attachment B. Right-of-way (ROW) capital and associated support costs including utilities are estimated at $2,424,800. Funding sources for these costs are as follows: SAFETEA-LU Funds $1,789,760 Call for Project Funds $ 450,000 Local Funds 182,440 Subtotal ROW $2,422,200* (See following note) The construction capital and construction support/engineering costs are currently estimated to be $17,315,366. Funding sources for these costs are as follows: SAFETEA-LU Funds $7,810,240 Call for Project Funds $1,844,000 HSIP Funds $ 400,000 Local Funds $7.261,126 Subtotal Const. $17,315,366* (See following note) Rev: 01. 16.08 2 MOU 08 Attachment C TIP#: LAOD399 PPNO: 2975 TOTAL $19337,566* (See following note) CFP# F1121 MOU.P000F1121 Amendment No. 3 *(Note) While the Project cost estimate has increased to $19,737,566 from $17,909,000 in the Original MOU, the Grantee will provide increased Local Match for Project expenses greater than $17,909,000. LACMTA is only responsible for $2,294,000 in Call for Projects Proposition C Funds should the Project expenses reach $17,909,000. The environmental documentation and final design is funded entirely by the City of Industry's contributions toward this project and are not a part of this MOU. In a letter agreement dated June 9, 2004 between the Cities of Industry and Diamond Bar, the Industry Urban Development Agency agreed to fund the Project Approval/Environmental Documentation (PA/ED), and Plans, Specifications & Estimate (PS&E) phases of the project. In 2005, Congress approved the Safe, Accountable, Flexible, Efficient Transportation Equity Act -A Legacy for Users (SAFETEA-LU) program and earmarked $9.6 million for the proposed SR-60/Lemon Avenue Interchange Project. As part of the 2007 Call for Projects, on September 27, 2007, the Los Angeles County Metropolitan Transportation Authority (LACMTA) Board of Directors approved $2,294,000 of Proposition C 25% funds to the Project In February 2008, the City of Diamond Bar submitted an application for the Highway Safety Improvement Program (HSIP) funds to Caltrans. In June 2008, Caltrans approved $ 400,000 in Federal HSIP funds for the required improvements on Golden Springs Drive portion of the project. Rev: 01. 16.08 3 MOU 08 Attachment C ATTACHMENT- E-1 Los Angeles Metropolitan Transportation Authority 2013 Federal Transportation Improvement Program ($000) Malso Pm)ect Description: Route 60: CONSTRUCTION OF NEW PARTIAL DIAMOND INTERCHANGE FOR STATE ROUTE GO (SR -60) SCAG RTP Prot1ect#: LAOD399 Study:WA IS Mo d,d:YESM.d.1LOI_467 ATLEMON AVE (SAFETEA-LU #587)- PM:IOmbedy Young -(909) 839-7044 Email: kyeung@dlam.ndbarca.gov LS:N LSGROUP#: Conformity Category: NON-EXEMPT System;State Hy Route'.Go Posbmile: 22 to 23 Distance:I Phase:Engineering/Plans, Speci5ca6ans and Estimate.(PSBE) Complafion Date 08/01/2015 _A Lena#Pxtd:6 Lana#Prop:e INTEDesc. CONSTRUCTION LEMON AVENUE Tell Air Basin: SCAB Envir Doc: NEGATIVE DECLARATION -12131/2006 INTERCHANGE FOR $R-60 AT LEMON AVENUE Toll Rale: Tail COICLw:O TOII Method: Hov a¢eg los:0 Uses Los mts ARs-Long Bub -Area; Cental Are. tan: San Gabriel Valley nnn Beach -Santa Ana Aree Team Area CTIPS ID; 20920003312 EA#: PPNO: Prominent Code: CARH3 - INTERCHANGE-MOD/REP/REC-LNADD'S $fee Lee:0 PHASE PRIOR IV13 13114 14/15 15/16 16/17 17118 . BEYOND TOTAL AGE"Ngy Ag ry PE .,+53_500 - 42,500 RW $0 s6 $0.'. RW $185 $0 $185 CON $0 $'7259 $7259 59x-. ols,(d'si'L D o-alr sA ,FF7EP+u„ PE . - 'i180 .ED,_ RW $1.790 $0 $1,790 5:-.' e✓�W 5- �'s';SkRa tar Ft.�H.�sl i _ ca9gSTEiTAbn PC25,tc Ang I. Fou yProPd'b CgS.- �.,,.. PE �. I� 4. 'i$0 t ,,,f , ; „- L"( `"801• RW $450.x, $450 TOTAL PE;$2,500 TOTAL RW. $Z426 TOTAL CON: $16.913 -General Commant Minprcb.nge W ROW ast remming and CON program rm, As Pad of a request to move S459K of PG25 funds he We ROW phase of the project tunas are being pmgremmad aamNingly. Only S446K was pmgremmed before for ROW but oew S4591K is being requested Ag WWls wets adjusted sccaMngiy.The total pmj.nt cast has not changed. An MDU amendment wain METRO Is in praose to appmve Nese funtls in the ROW Inas.. -Maeling Commant -TCM Commons As mm.fa request to move SMSOK or PC25 funds to the ROW Phase of the pmjeot funds are being pmgmmmad mcordingly. Only 5446K was pmgremmea before I., ROW but now 545gKa being requested All totals were adjusted seemingly. The Wlal project cent has not changed An MDU amendment WIN METRD'w in process to appmve these Nads in the ROW phase. -Narrative: Project costslays Me Rome ' Revise Fund. Bateman Pias. PC25: . rum m hinds In 1 W13 in ROW farm 5446 no Sees -0...... funds In 11113 in CON from 51.646 to Sie" Total madwslremalns ha same at S2t,636 Change reasomMINOR CHANGE Total Cost $21,838 Page 1 Tuesday, September 10, 2013 CFP #F1121 TIP# LAOD399 PPNO: 2975 ATTACHMENT F-1 SPECIAL GRANT CONDITIONS MOU.P000F1121 Amendment No. 3 State Route 60/Lemon Ave Partial Interchange (On and off ramps) Right -of -Way and Construction APPRAISAL REPORT RIGHT-OF-WAY (ROW) 1. Metro Call for Project funds will he used as a match source to the federal funds currently programmed for Right of way activities for the project. Copies of appraisal reports will be maintained in the project files and can be provided upon Metro's request. The Appraisal Report is what will he used to determine the cost of the ROW purchase and should contain the appraiser's estimate of the fair market value and all data and narrative necessary to support the appraiser's conclusions. The City currently has a cooperative agreement with Department of Transportation — Caltrans to perform the activities related to the Right of Way. Grantee shall conduct an appraisal completed by a person with a Real Estate Appraiser Certificate and deliver to LACMTA the Appraisal Report prior to initiating the construction phase as scheduled in the Project Scope of Work (Attachment C). The Appraiser shall follow Chapter 7 (Appraisals) of the Caltrans Right -of -Way Manual (http://www.dot.ca.gov/hq/row/rowman/manual/ch7.p4 to the extent that it pertains to the ROW under review. Rev: 04.30.08 1 MOU Attachment F Special ROW Conditions CITY COUNCIL Agenda # 6.11 Meeting Date: November 5, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: SECOND READING OF ORDINANCE 0X(2013) OF THE CITY OF DIAMOND BAR AMENDING TITLE 10, BY ADDING SECTION 10.16.115 TO THE DIAMOND BAR MUNICIPAL CODE PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING RECOMMENDATION: Adopt. FISCAL IMPACT: None. BACKGROUND: Ordinance No. 0X(2013) would amend Title 10 of the Diamond Bar Municipal Code to prohibit sleeping in vehicles on public property. In the event that individuals park their vehicles with the intent of sleeping, the Sheriffs Department will have justification per City Code to restrict overnight sleeping and issue citations per the Diamond Bar Municipal Code. The City Council approved the first reading of this ordinance at its meeting on October 15, 2013. It is recommended that the City Council adopt the attached ordinance, which would go into effect thirty days after Council approval. Prepared by: Reviewed y: Anthony Santos Rya Lean Sr. Management Analyst AssisfW to the City Manager Attachments: 1. Draft Ordinance No. OX (2013). ORDINANCE NO. 0X(2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING A. RECITALS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. On -street parking and parking on public property is limited. A primary purpose for parking on City streets and public property is to provide places where persons can temporarily park their vehicles in order to access nearby residences, businesses and public uses for social, business or recreational purposes. 2. A secondary purpose is to provide parking for residents or employees of nearby residences and businesses which may not have sufficient parking. 3. In establishing the number of parking spaces for public property, the City's parking standards are based upon projections of the number of spaces that are required for persons using the property. These standards do not contemplate that parking spaces will be utilized by persons for the purposes of sleeping, as a home or as motel room. 4. Persons who park their vehicles on City streets and public property for the purpose of sleeping are utilizing limited parking spaces and thereby limiting access to residential, commercial and public property for persons who seek to use such places for their intended purpose. Now, therefore, the City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 10.16.225 is added to the Diamond Bar Municipal Code to provide as follows: "Section 10.16.115. — Prohibited Parking No person shall park and leave standing any vehicle on any public street, any public alley or upon any public property for the purpose of sleeping, unless otherwise authorized by this Code or by the owner of such property. Section 2. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to applicable provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the _ day of 2013. Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2013 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # 6.12 a,Z Meeting Date: November 5, 2013 AGENDA REPORT VIA: James DeStefano, City Mang TITLE: RESOLUTION 2013 -XX: A R SOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR, PETITION NO. 13-412 (TWELVE STREET LIGHTS ALONG THE NORTHERN SIDE OF GOLDEN SPRINGS DRIVE, EAST OF BREA CANYON ROAD, IN FRONT OF SHELL GAS STATION AND IN -N -OUT BURGER) RECOMMENDATION: Approve. FINANCIAL IMPACT: The costs for the operation and maintenance of public street lights located within the Lighting District are primarily funded by ad valorem property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base -assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rate is proportionately higher. For the two commercial properties being annexed, the proposed annual assessment rate is $52 for Shell Gas Station and $65 for In -N -Out Burger. As shown on the attached Property Tax Transfer Work Sheet, Exhibit A, the current allocated tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000666330 to County Lighting Maintenance District 10006 (CLMD 10006), with a remaining net share to the City of $0.051251088. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.1251 and CLMD 10006 would receive $0.0666. Since these are privately owned properties, the City, along with other special districts, would share a portion of the growth of the 1 % property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. These property tax revenues have helped to keep the base -rate assessment a consistent cost for Diamond Bar since 1992 in the CLMD 10006. BACKGROUND/DISCUSSION: The areas described as Petition No. 13-412 is being processed for annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of twelve (12) street lights on Golden Springs Drive, East of Brea Canyon Road. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, a separate Joint Resolution (Agenda Item (b)) should be concurrently approved by the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. With the City's approval of the attached Joint Resolution and the Resolution Granting Consent and Jurisdiction, there will be an exchange of property tax revenues between the City of Diamond Bar and County Lighting Maintenance District 10006. PREPARED BY: DATE PREPARED: Sterling Mosley, Assistant Engineer October 29, 2013 REVIEWED Y: a� David G. Liu Director of Public Works Attachments: Exhibit "A": Property Tax Transfer Work Sheet Resolution No. 2013 -XX with Area Map Los Angeles County Letter, dated September 18, 2013 2 I r1 N M m N l9 O N O� m O m O Ol N N r .-1 If1 W I r1 l0 m 1p H C M Ol r m � lf1 IP m N l7 m tfi r N m LO l0 M l0 N W l0 O t➢ M r N lO O N l0 W I r M m N N 1p m L� M H r H H 1p I� H O m M H L7 I O H O1 O1 N O lfl l0 m to H Lfl ri r m N O N 01 m I N ri Dl l0 !Il r l0 M ifl N N r N d� Ol W m N N ri O H O N N M ri N O O F l9 O N r O o O o O O H O o O O M O O m o W I N O O rl O O O O o O o O O O O o O rl o O O O M z1 .-i I O• O• O• O• O• O• O• O• O O• O• O• O• O O O• O• O• O• 0 N \ M m ml0 El H N O r N O m 1p r N M M l0 Ifl M O N O N r M m r r \ W 1 N O m m N O N N W N N m m ^� 1 m O O N " N O l0 N m O N F F H H H E o E W o N N N N o O o H H 0 0 o a a a a a a w 1 M O O N O O O 0 O O 0 O O O O q I O O O O O O O O O O O O O W w W W W W W I-] I O O O O O O O O O O O O O W W W W W W w Pi M m Ifl N m o 0 o m wI lfl H c O � rl Ol N r ri t11 r O1 M m r r H H 0 O r O1 r G] r H m Ifl M N 0 N C Ol m O m m m r m U I O N N N N O H lD m O N m H rl M m o 09 9 m m O N N N 0 O O O O O O r O o o M O a x 1 M O O N o O 0 o O 0 O 0 O O O O O 0 H O O O O U] 1 O O o O O O O O O O O O O O O O O O O I O O O O O O O O O O O O O O O O O O O I O O O O O O O O O O O O O O O O O O O W N N N N N N N N N N N N N N N N N N N q m I E O Ul I M m M m m M m m m m m m f•l m m m M m M M M m m m m m m m m M m m W a m m m m m m m m m m m m m m m m m m m W O I N N N N N N N N N N N N N N N N N N N x 4 H 1 H H H H H H H H H H H H N H H N H H m a m1 O O O O o O o O O O O O O O o O O O O x H a' q 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 s 1 ow a= ow ow ow a� ow �� ow ow mo m= w ao ow a� �� ow ew z HI O N z 1 H m W r N m M N l0 r N H O 1p r H O m N H rl W O ri m N N m r Ql N r �O h M rl O N D1 H m W U r rV N N Ol tf1 m O N N H H W O N N m H H N O O ao m W1 O N ri W I 1p O N h O O O O ri lP O O O r M O O M O WN a'H O i o z a'N W z M N O1 N N W Ol T m m M 1p m Ol N N r H m W f34 Cn H a' m m m m m m r N W M H N lO O N W l0 W E W Ol m r N m m N l w r N H 0 O l r H O M m N N m Ol r l0 r m H O N D1 m H m 1 H N N Ol ut r r m M m N r N N d� �l m N N H O w V C1 O m C 10 ri O N N H 0 O N N m H N O O O a V r�C 1p O N r O o O 0 o m O O O r M 0 O O M O }i U O ry` I N O O ci O O O O 0 O O 0 O O O O `-i O O O O a H W I O O O O O O O O O O O O O O O O O O O °z aw o z 1 w a i o F q U Q m E z x� w q w w E z q h H E O 1 1 a a a z a H H u H m H o H q w o U H U Phi IZ-I a n w m z o m o a o o Q H u w El m a F o H E m z V 1 W a H £ a O :k 0 Q U N z U m a O z M H HN d1 U ji jl Q H O U N H O W m 'a q ,7 H H OH a!yn E H � w a a O x x Nd M z Q O W E O q Q W H U U q 7. nz:m Om Ho a •r m OH N H Z 1 H 1 O U U w H a 3 w O O w £ W p m O O m O\ O a w G4 z O U U El m Q '%i S W k a o z H H z H `1y O NorW UGHON O 1 H I m W '�f E IN P4 H 1 W u Q O f� H Q z O w a a a a srG a r.� 0 x m O E O E a w rx a0 a a z z u w H w a E > o o m z [G i U z O U o a w O w a W H H Q 'J E E H H H H Si W W i U O U U O H 1 W D D Q Q v .. x .. 1 m U [rW� m 7+ W z a z a U W U 0 a H m m . m 0 W O . O rsi a O H p Q m El1 Q a a u a a au u u � w w u , O z z m O V w � E 1 O N O m m H O m m O O O O O O H N OEl N U E F H 1 rl rl m r r O O ci l0 1p 1f1 O O O O O O Ql Ol F4 O U �C W W Pi H 1 O O 0 O 0 O 0 O 0 O 0 m 0 m 0 1p 0 �9 0 CI H l0 M L� m r m O d1 O m O c O d� O m O m 0 tG �CNW q u w I N N O W I W n n I l0 n O F 1 O\ O O Z I ri O O I 1 O O O zl w 1 H a a a W I W W W I 1f1 W I O O N n E 1 w dl o a I N p p 1 O O O I E I o 0 0 W I N N N w Ifx[ I cM dl CH U 1 W W m 0 I Q W Q O N N N fxC I H H H au] I o 0 0 H I (] I O O O F dG aw ow 1 Q 0 P o m WI H O z 7 H N o O EW n n n I'I "fy jx I n O1 r{ 94 F p U w w W Uyy�� I m o O FC I H o 0 E1 1 0 0 0 z � E E I W w Q w n I O 1 a a pFp a 2 U i rVn E' FC w I I � I r�zl Fi H H W W Q w � I a %ll F I a Pi Q U 2 U q H ryC 1 O O O I O O O V UI I N O o I p n I o 0 O O I o H O n 1 O O I O O I O ` 1 . O I H O ry O , O O I n O I ly o o 0 1 H o I n o i o 0 0 1 o I o O I N o o I � O 1 o I ri 0 1 � O N O I O 0 1 p N 1 rv1 I � I � I rv1 I m I N I ri 1 o i O 1 ow 1 ow I o o o I o o I o o , o I o , o I o O 1 p O I O 0 1 O O O O I O O 1 O O 1O 0 i 0 0 I 0 RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF DIAMOND BAR, CALIFORNIA, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT -1, CITY OF DIAMOND BAR PETITION NO. 13-412 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territories to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone; and WHEREAS, street lights have been installed in the proposed annexation territory known as Petition No. 13-412 located in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lie within the boundary of the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, as follows: SECTION 1. That the public interest, convenience, and necessity require the maintenance of a street lighting system located within said territory as shown on the map of the proposed annexation territory to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, attached and on file in the office of the County of Los Angeles Department of Public Works. SECTION 2. That this City Council hereby consents to the annexation of said territory, as shown on the enclosed map, included within the boundary of said annexation and lying within the boundary of the City of Diamond Bar. SECTION 3. That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the proposed annexation, and hereby consents to the inclusion of said land within the proposed annexation and to the assessment thereof. SECTION 4. That the consent of the City of Diamond Bar is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, by the County Board of Supervisors, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the California Streets and Highways Code. 3 SECTION 5. That the Clerk of the City Council is hereby directed to certify and deliver two copies of this Resolution to the County of Los Angeles Department of Public Works. SECTION 6. The City Clerk shall certify to the passage of this Resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 5th day of November, 2013. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 5th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE A. CRIBBINS, City Clerk City of Diamond Bar 4 O Z�Ww O -t�'N m m N v z o H a M U gl¢-OJ CSF N � z�v�i N r_Z 0 a f U (h F oJ� 0..30 CD N tom- LL v. J zr a 6 U z U r 6 = _O (h F J � zr F -Z a Z7 Cho^ G1 Z mo . z w rZN m ¢ clUQ zo ., OOm Z ¢ f OQ x w O—Z F- O ¢ N o ZUQ z —ti a w w Wo l Z Q QUA Z OQF- U O. -.fn [il J 0 �� GAIL FARBER, Director September 18, 2013 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS y � " "To Enrich Lives Through Effective and Caring Service" t 26 { t c Mr. James DeStefano City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4460 Attention Mr. David Liu Dear Mr. DeStefano: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone, (626) 458-5100 http://dpw.lacounty.gov waG,�ft s 'B NR U�"A DRESS ALL CORRESPONDENCE TO: PC. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE'. T-5 STREET LIGHTING DISTRICTS CONSENT AND JURISDICTIONMEGOTIATED TAX EXCHANGE RESOLUTIONS RESULTING FROM ANNEXATION OF TERRITORY PETITION NO. 13-412 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LIGHTING LANDSCAPING ACT -1, DIAMOND BAR ZONE The area shown on the enclosed map is being processed for annexation to County Lighting Maintenance District 10006 and County Lighting District Landscaping and Lighting Act -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights installed by the developer. The County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. Since this area is located within the City's jurisdiction, City Council approval of the enclosed Resolution Granting Consent and Jurisdiction to the County is required to accomplish this annexation. In addition, enclosed is a Joint Resolution between the County and the City approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of the subject territory to County Lighting Maintenance District 10006. For new annexations to the lighting maintenance district, our procedures require us to process the exchange of property tax revenues concurrent with the County Board of Supervisors' approval of the annexation. Attached to the Joint Resolution is a Property Tax Transfer Resolution Worksheet listing the share of the annual tax increment to be exchanged between the City, other nonexempt taxing agencies (school -related agencies are exempted by State law), and County Lighting Maintenance District 10006. Mr. James DeStefano September 18, 2013 Page 2 The tax sharing ratios listed on the worksheet attached to the Joint Resolution were calculated using a formula approved by the Auditor -Controller and County Counsel. Upon the City's approval of the resolutions, we will continue the annexation processing for this project and schedule a public hearing before the County Board of Supervisors. The costs for the operation and maintenance of street lights located within a County -administered lighting maintenance district are primarily funded by ad valorem property tax. The collection of property tax revenues has allowed County Lighting Maintenance District 10006 to maintain a low $13 annual base assessment rate for a single-family home within the Diamond Bar Zone. As shown on the Property Tax Transfer Worksheet for Petition No. 13-412, Tax Rate Area 10075, the current tax share ratio for the City of Diamond Bar is 0.051917418. Out of the City's tax share, the City would allocate 0.000666330 to County Lighting Maintenance District 10006, with a net share to the City of 0.051251088, or monetarily speaking, a $10,000 increment in assessed valuation of a parcel means that the parcel will pay an additional $100 in property taxes, of which the City would receive $5.1251 and County Lighting Maintenance District 10006 would receive $0.0666. We have prepared the resolutions for your use in this matter. Please have the resolutions executed and returned to us in the enclosed self-addressed envelope by October 22, 2013. If you have any questions, please contact Ms. Tigist Desta of Traffic and Lighting Division, Street Lighting Section, at (626) 300-4755. Very truly yours, GAIL FARBER Director of Public Works R. LEHMA int Deputy 95irector and Lighting Division TD:dj P:\tlpub\wpfiles\files\stl\td\city(C&J's)\C&J diamond bar\pe no. 13-412.doc Enc. CITY COUNCIL Agenda # 6-12 (b) Meeting Date: November 5, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mara ',r TITLE: RESOLUTION 2013 -XX: A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THE BOARD OF DIRECTORS OF THE SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT — ORIGINAL AREA, THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 13-412 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. RECOMMENDATION: Approve. FINANCIAL IMPACT: The costs for the operation and maintenance of public street lights located within the Lighting District are primarily funded by ad valorem property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base -assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rate is proportionately higher. For the two commercial properties being annexed, the proposed annual assessment rate is $52 for Shell Gas Station and $65 for In - N -Out Burger. As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax - share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000666330 to County Lighting Maintenance District 10006, with a net share to the City of $0.051251088. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.1251 and CLMD 10006 would receive $0.0666. Since these are privately owned properties, the City, along with other special districts, would share a portion of the growth of the 1 % property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. These property tax revenues have helped to keep the base -rate assessment a consistent cost for Diamond Bar since 1992 in the CLMD 10006. BACKGROUND/DISCUSSION: The areas described as Petition No. 13-412 is being processed for annexation to the County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of twelve (12) street lights on Golden Springs Drive east of Brea Canyon Road. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and other affected taxing agencies is listed in the attached worksheets in the Resolution. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, the Joint Resolution should be concurrently approved by the City. DATE PREPARED: Sterling Mosley, Assistant Engineer October 29, 2013 REVI ED B : David G. Liu Director of Public Works Attachment: Resolution No. 2013 -XX 2 RESOLUTION 2013 -XX JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THE BOARD OF DIRECTORS OF THE SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT — ORIGINAL AREA, THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 13-412 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attributable to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County Lighting Maintenance District 10006, the Los Angeles County General Fund, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control Drainage Improvement Maintenance District, and the Los Angeles County Flood Control District; the Board of Trustees of the Greater Los Angeles County Vector Control District; the Board of Directors of the County Sanitation District No. 21 of Los Angeles County; the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; the Board of Directors of the Walnut Valley Water District Improvement District No. 5; have determined that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as Petition No. 13- 412 to County Lighting Maintenance District 10006 is as shown on the attached Property Tax Transfer Resolution Worksheet. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues between the County Lighting Maintenance District 10006, the Los Angeles County General Fund, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement Maintenance District, the Los Angeles County Flood Control District, the Greater Los Angeles County Vector Control District, the County Sanitation District No. 21 of Los Angeles County, the City of Diamond Bar; 3 the Three Valleys Municipal Water District - Original Area; the Walnut Valley Water District; the Walnut Valley Water District Improvement District No. 5 resulting from the annexation proposal identified as Petition No. 13-412 to County Lighting Maintenance District 10006 is approved and accepted. 2. For fiscal years commencing on or after July 1, 2013, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within Petition No. 13-412, Tax Rate Area 14316 shall be allocated to the affected agencies as indicated in the attached Property Tax Transfer Resolution Worksheet. 3. No transfer of property tax revenues other than those specified in Paragraph 2, shall be made as a result of the annexation of Petition No. 13-412. 4. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. PASSED, APPROVED AND ADOPTED this 5th day of November, 2013, by the following vote: Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 5th day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE A. 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FISCAL IMPACT: None. BACKGROUND/DISCUSSION: On June 4, 2013, the City Council adopted Urgency Ordinance No. 03(2013) relocating the Diamond Bar City Council meetings to the Windmill Room, at Diamond Bar City Hall during the months of July, August and September due to the unavailability of the South Coast Air Quality Management District (SCAQMD) Auditorium. On August 20, 2013, the City Council Adopted Ordinance No. 03(A) (2013) extending the time at which it would meet in the Windmill Room through its meeting of November 5, 2013. Recently City Staff was notified Council on November 19, 2013 Nos. 03 and 03(a) (2013) to Community Room at Diamond through November 19, 2013. anticipated that the SCAQMD December. 963913.1 that the SCAQMD Auditorium will not be available for use by the City , either. As a result, the City Council will need to amend Ordinance continue to hold its regularly scheduled meetings in the Windmill Bar City Hall, located at 21810 Copley Drive, Diamond Bar, CA, The dates and times of the meetings will remain the same. It is Auditorium will be available for the City Council's first meeting in Government Code section 54954 requires the City Council to establish the time and place for holding regular meetings by ordinance, resolution or some other rule. The City Council has done so by ordinance. The attached Ordinance, if adopted by the City Council, will provide public notice of the relocation of City Council meetings on an interim basis. There is a need to adopt it as an urgency ordinance due to the fact that if adopted in the normal course, an ordinance requires two readings and is not effective for 30 days after the second reading. Thus, the effective date would occur well after the November 19, 2013, meeting and would be of no assistance in ensuring compliance with Government Code section 54954. Pursuant to Government Code section 36937, urgency ordinances require specified findings and approval by a 4/5 vote. The findings for the urgency are set forth in the Ordinance. Upon the conclusion of the November 19, 2013, City Council meeting this Ordinance will automatically terminate and the publicly noticed time and place of the regular meetings of the City Council will revert back to the SCAQMD Auditorium as specified in Section 2.08.10 of the Diamond Bar Municipal Code. Pr pared by: Pr Cl TommA Cribbins, City Clerk 963913.1 Review 71&) David ` y e, Asst. ty Manager ORDINANCE NO. 03(B) (2013) AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IDENTIFYING THE TEMPORARY RE -LOCATION OF REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DIAMOND BAR CITY HALL LOCATED AT 21810 COPLEY DRIVE AND AMENDING ORDINANCE NOS. 03 AND 03A (2013) THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS: 1. Government Code section 54954 of the Brown Act requires the City Council to establish the time and place for holding regular meetings by ordinance, resolution, bylaws, or some other rule. 2. The City has established the time and place for holding regular City Council meetings by ordinance. 3. It has come to the City's attention that the place established for the holding of regular meetings will be unavailable due to remodeling. 4. Pursuant to Government Code section 36934 an ordinance can become effective immediately upon introduction, provided that the City Council makes findings to support the urgency in accordance with Government Code section 36937 and passes the Ordinance by a four-fifths vote. Now, therefore, the City Council of the City of Diamond Bar does ordain as follow Section 1. Pursuant to Ordinance No. 4A (1989), Section 2.08.010 of the Diamond Bar Municipal Code, regularly scheduled meetings of the City Council of the City of Diamond Bar are held at 21865 Copley Drive, commonly known as the SCAQMD Auditorium. Section 2. Due to the unavailability of the SCAQMD Auditorium due to remodeling, on June 3, 2013 the City Council adopted Urgency Ordinance No. 03 (2013) and on August 20, 2013, Ordinance No. 03(B) relocating its City Council meetings for July 2, 2013, through November 5, 2013, to the Windmill Community Room, Diamond Bar City Hall, located at 21810 Copley Drive. Section 3. City staff was recently notified that the SCAQMD Auditorium will continue to be unavailable for the City Council meeting scheduled for November 19, 2013, and therefore, there is a need to continue to hold City Council meetings in the Windmill Community Room. 963910.1 Section 4. If this Ordinance is not adopted as an urgency ordinance, pursuant to Government Code section 36934 the Ordinance would not become effective until December 19, 2013, as such the City Council would not be able to comply with the Brown Act requirement that the time and place for holding regular meetings be established by ordinance. As such, this Ordinance needs to be adopted as an urgency ordinance in order for the City Council to meet at its regularly scheduled meeting and conduct the official business of the City in compliance with state law. Section 5. At the conclusion of the City Council meeting of November 19, 2013, this Ordinance shall, by its own terms terminate and no longer be of any force and effect and the location of the City Council meetings will be governed by Section 2.08.010 of the Diamond Bar Municipal Code. Section 6. Therefore, the City Council amends Ordinance Nos. 03 and o3(A) (2013) adding the date of November 19, 2013, to the dates that City Council meetings with be held in the Windmill Community Room. Section 7. The Mayor shall sign this ordinance and the City Clerk shall cause the same to be posted within fifteen (15) days after its passage in at least (3) public locations in the City of Diamond Bar pursuant to Resolution No. 89-6(A). Section 8. Since this Ordinance is effective only on an interim basis, it shall not be codified in the Diamond Bar Municipal Code. Passed, Approved and Adopted this 5th day of November, 2013 Jack Tanaka, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of November, 2013 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on day of November, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk 963910.1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: —DATE: Kho, S ADDRESS: )-RY1&ClT P&1, , PHONE P J o— ORGANIZATION: AGENDA#/SUBJECT: uI I expect to address the Council on the subject agenda/subject item. Please hav771 ouncil Minutes reflect my name and address as written above. Signature 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: -D& DATE: 1f ADDRESS: Y W lfS � A 1 L '� PHONE: qo ,/ - F6 c) —cg -6- [-Z) ORGANIZATION: AGENDA#/SUBJECT:n� Y vel% C� G�`�s e� I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.