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
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DIA110M) DAR
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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
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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
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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.
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(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
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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.
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(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:
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(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
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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
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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
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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. CRIBBINS, City Clerk
City of Diamond Bar
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CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City M+j e
Agenda # 8 . 1
Meeting Date: November 5, 2013
AGENDA REPORT
TITLE: ORDINANCE NO 03(B) 2013: N URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BARD 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 03(A) (2013)
RECOMMENDATION:
Adopt as urgency ordinance.
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.