HomeMy WebLinkAbout110116 - Agenda - Regular meetingDiamond
City Council Agenda
5:30 p.m. Closed Session - Room CC -8
6:30 p.m. Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive, Diamond Bar, CA 91765
Nancy A. Lyons Jimmy Lin
Mayor Mayor Pro Tem
Carol Herrera Ruth M. Low Steve Tye
Council Member Council Member Council Member
City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins
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available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability
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contact the City Clerk at (909) 839-7010 during regular business hours.
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Sys,,.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
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Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the agenda
and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a
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of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may
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applicant/appellant may be afforded a rebuttal.
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Council may take action on any item listed on the agenda.
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 1, 2016
Next Resolution No. 2016-39
Next Ordinance No. 10(2016)
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
110Government Code Section 54957
Public Employee - City Manager Performance Evaluation
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 p.m
Boy Scout Troop 777
Opening Flag Ceremony
Pastor Joe Lo,
Gateway Friends Church
Council Members Herrera, Low, Tye,
Mayor Pro Tem Lin, Mayor Lyons
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Introduction of Dannette Allen, Management Analyst, City Manager's
Office and Ehren Magante, Network/Systems Administrator, IS
Department.
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 1. 2016 PAGE 2
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
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 Voter Drop-off — October 11, 2016 through November 7, 2016. Drop off
your Vote By Mail (VBM) ballots at City Hall during normal business hours.
5.2 Planning Commission Meeting — November 8, 2016 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.3 Veterans Celebration — November 9, 2016 — 9:00 — 11:00 a.m., Diamond
Bar Center, 1600 S. Grand Avenue.
5.4 General Plan Community Workshop No. 1 — November 9, 2016 - 6:30
p.m. to 8:30 p.m., Diamond Bar Center - Grand View Ballroom, 1600
Grand Avenue.
5.5 Traffic and Transportation Commission Meeting — November 10, 2016 —
Windmill Community Room, 21810 Copley Drive.
5.6 Veterans Holiday — November 11, 2016 — City offices will be closed
Friday, November 11th in observance of Veterans Day. City offices will re-
open Monday, November 14, 2016 at 7:30 a.m.
5.7 America Recycles Day — Saturday, November 12, 2016 — 9:00 a.m. to
1:00 p.m., AQMD/Government Center Parking Lot, 21865 Copley Drive.
5.8 City Council Meeting — November 15, 2016 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 Waive reading in full of all ordinances and resolutions and adopt the
Consent Calendar.
NOVEMBER 1, 2016 PAGE 3
6.2 City Council Minutes — Regular Meeting of October 18, 2016.
Recommended Action: Approve.
Requested by: City Clerk
6.3 Planning Commission Minutes:
(a) Regular Meeting of August 23, 2016.
(b) Regular Meeting of September 13, 2016.
(c) Regular Meeting of September 27, 2016.
Recommended Action: Receive and File.
Requested by: Planning Department
6.4 Ratification of Check Register — Dated October 13, 2016 through
October 26, 2016 totaling $680,422.46.
Recommended Action: Ratify.
Requested by: Finance Department
6.5 Treasurer's Statement — Month of September, 2016.
Recommended Action: Approve.
Requested by: Finance Department
6.6 (a) Adopt Ordinance No. 06(2016): Amending Following Sections
of Title 5 of the Municipal Code Pertaining to Business Licensing,
Massage Establishments, and Massage Technicians: Sections
5.00.080; 5.04.010; 5.04.020; 5.04.50; 5.04.60; 5.04.070; 5.04.80;
5.04.100; 5.04.110; 5.04.130; 5.04.140; 5.08.010; and, 5.08.070.
Recommended Action: Approve for Second Reading by Title Only,
Waive Full Reading and Adopt.
NOVEMBER 1, 2016 PAGE
(b) Adopt Ordinance No. 07(2016) Amending Sections 22.10.030,
22.30.040, 22.42.020 and 22.80.020 of Title 22 of the Municipal
Code (Development Code) Pertaining to the Permissible Locations
and Permit Requirements for Massage Establishments and Tattoo
Parlors.
Recommended Action: Approve for Second Reading by Title only,
Waive Full Reading and Adopt.
Requested by: Community Development Department
6.7 Adopt Ordinance 09 (2016): Amending Chapter 8.26 of the Diamond
Bar Municipal Code to Prohibit the Operation and Establishment of
Marijuana Dispensaries and Regulating the Use of Marijuana.
Recommended Action: Approve for Second Reading by Title only, Waive
Full Reading and Adopt.
Requested by: Community Development Department
6.8 Approval of Notice of Completion for the Diamond Bar Center
Restroom Lighting Project.
Recommended Action: Approve.
Requested by: Public Works Department
6.9 Approval of Amendment No. 1 to the Maintenance Services
Agreement with Guaranteed Janitorial Services, Inc. for
the Library, City Hall, Diamond Bar Center, Heritage Park Community
Center and Pantera Park Activity Room in the Amount Not to Exceed
$69,246 for a Total Contract Amount of $109,246.
Recommended Action: Approve.
Requested by: Public Works Department
6.10 Appropriate Prop A County Safe Parks Funds in the Amount of
$65,218.87 and Quimby Funds in the Amount of $13,172 to the FY 16-
17 Capital Improvement Program (CIP) Budget for the Pantera Park
Trail Project; Adopt Resolution No. 2016 -XX Approving Plans and
Specifications and Establishing a Project Payment Account and
Award of Contract for the Construction of the Steep Canyon
Connector Trail and the Pantera Park Trail Project to CEM
Construction Corp. in the Amount of $471,340.75; Plus a
Contingency Amount of $47,135 for a Total Authorization of
$518,475.75.
NOVEMBER 1, 2016 PAGE 5
Recommended Action: Appropriate, Adopt and Award.
Requested by: Public Works Department
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 First Reading of Ordinance No. OX (2016): Amending Title 15 of the
Diamond Bar City Code and Adopting, by Reference, the 2016
California Building Code, Volumes 1 and 2, Including Appendices C,
I and J Thereto, Chapter 1 Division II of the 2016 California Building
Code as the Administrative Code, The 2016 California Mechanical
Code, and the Appendices Thereto, the 2016 Plumbing Code, and the
Appendices Thereto, the 2016 California Electrical Code, and the
Appendices Thereto, the 2016 California Residential Code, Including
Appendices H, J, K and O Thereto, and the 2016 California Green
Building Code, Without the Appendices Thereto, Together with
Certain Amendments, Additions, Deletions and Exceptions.
Recommended Action: Receive Staff's Report; Open the Public Hearing;
Receive Testimony; Close the Public Hearing; Discuss and Approve for
First Reading, By Title Only, Waive Full Reading.
Requested by: Community Development Department
COUNCIL CONSIDERATION: None.
COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: This meeting will be adjourned in memory of the City's First
Mayor Phyllis Papen.
Agenda #6.1
6.1 Waive reading in full for all ordinances and resolutions and adopt the
Consent Calendar.
There is no report for this agenda item.
Agenda No. 6.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 18, 2016
CLOSED SESSION: 5:30 p.m., Room CC -8 99&[FY
Public Comments:
► Government Code Section 54957
City Manager Performance Evaluation
None offered.
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:33 p.m. in the South Coast Air Quality Management District/Government
Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: M/Lyons led the Pledge of Allegiance
INVOCATION: Monsignor James Loughnane, St. Denis Church,
provided the Invocation.
ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem
Lin and Mayor Lyons.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Assistant City Manager; Ken Desforges, IS Director; David Liu,
Public Works Director; Dianna Honeywell, Finance Director; Greg Gubman, Community
Development Director; Anthony Santos, Assistant to the City Manager; Grace Lee,
Senior Planner; Mayuko (May) Nakjima, Associate Planner; Amy Haug, Human
Resources/Risk Manager; Cecelia Arellano, Public Information Coordinator, and
Tommye Cribbins, City Clerk.
M/Lyons reported that during tonight's Closed Session the City Council discussed the
City Manager's Evaluation and that no reportable action was taken.
APPROVAL OF AGENDA: None.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano reported on Restaurant Week and stated that he is fortunate to
have an outstanding team of employees that he works with on a daily basis. In
particular, MA/Lopez did an outstanding job shepherding the Restaurant Week
from concept to realty. In addition, CSC/Tarazon was responsible for overseeing
Barktoberfest which was attended by at least 1000 people this past Saturday. In
addition to these two events there was a Neighborhood Public Safety meeting
held last night by safety providers and city staff and GPAC concluded its first
meeting on October 12.
OCTOBER 18, 2016 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Pui Ching Ho, Diamond Bar Library spoke about upcoming library events
including an autumn themed drawing and painting workshop series for children
ages 8-13 sponsored by Supervisor Don Knabe on Mondays during October and
November from 6:00 p.m. to 7:30 p.m. On Monday, October 24 at 6:00 p.m. the
League of Women Voters of Claremont will present pros and cons for
propositions on the November ballot. This event is co -hosted by the League of
Women Voters and the American Association of University Women. For those
who enjoy mystery novels they can join the LA Chapter of Sisters in Crime, co-
sponsored by the Diamond Bar Friends of the Library and the American
Association of University Women, for a panel discussion on Mysteries in
Historical Settings on Wednesday, October 26 at 6:30 p.m. A special Halloween
Magic Show sponsored by the Diamond Bar Friends of the Library will take place
on Saturday, October 29 at 3:00 p.m. The Diamond Bar Library is offering a new
service to the community, accepting passport applications. Days and times when
this service is available varies depending on availability of staff. Please call the
Diamond Bar Library for more information and to schedule an appointment at
909-861-4978. Applications are available at the library and can be downloaded
from the www. travel. state. gov website. Please check the library website at
http://colapu lib.org/libs/diamondbar/index.php for additional events.
M/Lyons asked that a small article be placed in the next DB Connection to let
residents know about the passport service.
Amer Holmes, American Association of University Women announced that the
AAUW is co -sponsoring along with the Library and the League of Women Voters,
a non-partisan symposium to learn about the pros and cons of the propositions
that are on the November ballot that will be held on Monday, October 24th at 6:00
p.m. in the Windmill Community Room.
Dennis Liu asked if the City Council would consider two declarations about their
neighbor's barking dogs. He found it strange that his neighbor had not received
word of any verdict from the Humane Society and wondered why the Humane
Society would not consider the two declarations together as he continues to look
to the City of Diamond Bar to solve this problem.
4. RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano stated that as a matter of reporting, Mr. Liu
has an
appeal
pending
before CM/DeStefano wherein he is appealing the
Inland
Valley
Humane
Society's decision from several weeks ago and it
would
not be
appropriate for any of the Council Members to weigh in on
this issue and
likewise,
he cannot weigh in on any of those issues outside
of his
hearing
process.
This matter will draw to a conclusion sometime next month.
OCTOBER 18, 2016 PAGE 3 CITY COUNCIL
5. SCHEDULE OF FUTURE EVENTS:
5.1 Voter Drop-off — October 11, 2016 through November 7, 2016. Drop off
your Vote by Mail (VBM) ballots at City Hall during normal business hours.
(An official and secure ballot drop box is provided inside of City Hall)
5.2 Planning Commission Meeting — October 25, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.3 Parks and Recreation Commission Meeting — October 27, 2016 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.4 City Council Meeting — November 1, 2016 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: MPT/Lin moved, C/Tye seconded, to approve
the Consent Calendar as presented with MPT/Lin abstaining from Item 6.2(a)
and 6.2(b) and pulling Items 6.4 and 6.5. Motion carried by the following Roll
Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Herrera, Low, Tye, MPT/Lin, M/Lyons
None
None
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2 (a) Study Session of October 4, 2016 — Approved as submitted.
6.2 (b) Regular Meeting of October 4, 2016 — Approved as submitted.
6.3 RATIFIED CHECK REGISTER — Dated September 29, 2016 through
October 12, 2016 totaling $1,074,443.65.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.4 APPROVED AMENDMENT OF FACILITY LEASE AGREEMENT WITH
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD)
FOR USE OF MEETING ROOM FACILITIES.
MPT/Lin asked if Study Sessions are counted as separate meetings or are
they included with the Regular City Council Meeting as one meeting.
OCTOBER 18, 2016 PAGE 4 CITY COUNCIL
CM/DeStefano explained that the City's agreement with the AQMD has
always combined the use of CC -8 with an event being held in the
auditorium. While the Council had a Closed Session tonight in Room CC -
8 and an open session (Regular City Council Meeting) in the auditorium,
the contract would consider these events to be one meeting.
6.5 APPROVED AMENDMENT NO. 1 TO THE CONSULTING SERVICES
AGREEMENT FOR CAPITAL IMPROVEMENT PROGRAM PROJECT
MANAGEMENT SERVICES WITH PROJECT PARTNERS IN THE
AMOUNT OF $35,100 FOR A TOTAL CONTRACT AUTHORIZATION
AMOUNT OF $75,000.
MPT/Lin asked if the $75,000 included the total of the original contract
plus the addendum to the contract.
PWD/Liu responded that the current contract amount with Project Partners
is $39,900, an amount that is under the City Manager's authority.
Tonight's contract amendment asks for an additional $31,000 which, if
approved, brings the total contract amount not -to -exceed $75,000.
MPT/Lin suggested the item should be clarified to include "initial budget"
which to him is an original contract.
MPT/Lin moved, C/Herrera seconded, to approve Items 6.4 and 6.5 with a
minor clarification for Item 6.5. Motion carried by the following Roll Call
vote:
AYES
NOES:
ABSENT:
7. PUBLIC HEARING:
COUNCIL MEMBERS
COUNCIL MEMBERS
COUNCIL MEMBERS
Herrera, Low, Tye, MPT/Lin
M/Lyons
None
None
7.1 (a) ORDINANCE NO. 06 (2016): AMENDING DIAMOND BAR
MUNICIPAL CODE SECTIONS 5.00.080, 5.04.010, 5.04.020, 5.04.50,
5.04.60, 5.04.070, 5.04.80, 5.04.100, 5.04.110, 5.04.130, 5.04.140,
5.080.010, 5.08.070 OF TITLE 5 (BUSINESS LICENSING) PERTAINING
TO BUSINESS LICENSING, MASSAGE ESTABLISHMENTS AND
MASSAGE TECHNICIANS.
7.2 (b) ORDINANCE NO. 07 (2016): AMENDING SECTIONS 22.10.030,
22.30.040, 22.42.020 AND 22.60.020 OF TITLE 22 (DEVELOPMENT
CODE) PERTAINING TO THE PERMISSIBLE LOCATIONS AND
PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND
TATTOO PARLORS.
OCTOBER 18, 2016 PAGE 5 CITY COUNCIL
CDD/Gubman stated that with the 2015 enactment of AB 1147 the City is
able to regain some of the local land use controls affecting massage
establishments that have been denied to local agencies since 2009. In
doing so, the City has the opportunity to not only amend regulations as
they pertain to massage establishments, but can now untangle some of
the regulations that tie massage establishments to "adult" businesses and
to "tattoo" parlors. The proposed amendments apply to a few different
sections of the code in addition to massage establishments for the sake of
complying fully with the new provisions of AB1147. There are two
separate and distinct sections of the Municipal Code that need to be
amended. Title 22 is the City's Development Code (Zoning Ordinance)
which provides regulatory provisions for the use of land. Title 5 (Business
Regulations) regulates the individuals who operate the land uses within
the City that are subject to business licenses.
Prior to 2009, Diamond Bar required Conditional Use Permits prior to the
establishment of massage establishments and prior to the issuance of
business licenses, the City required background checks for all
owners/operators of massage businesses and required background
investigations of the massage technicians. There were a number of
regulations that were imposed and codified and set forth in the City's
Municipal Code for both Title 22 and Title 5.
In January 2009 two state statutes were passed — SB 731 and AB 619,
both of which took away the City's ability to regulate massage
establishments as a "unique" entity. These regulations compelled the City
to treat massage establishments as it would treat any other professional
use, whether it was a real estate office, an attorney's office, financial
planner, etc. To balance that, SB 731 established a non-profit organization
"California Massage Therapy Council" (CAMTC), the purpose of which
was to be a statewide certification body for the massage industry.
Upscale massage franchises such as Massage Envy, Brooke Williams
and others, were working to change the perception of what professional
massage is and the Council championed the effort to professionalize the
industry and have it be treated more fairly.
The unintended consequences of the CAMTC were that the composition
of the board was not carefully crafted and was primarily composed of
those operating within the massage industry who did not impose the
standards, criteria and public interest that needed to be part of the
certification process. As a result, it was relatively easy to become CAMTC
certified without the land use restrictions that previously existed and cities
saw an increase in the number of massage establishments and a number
of the elicit establishments were able to get through the process and
practice as a "legitimate" player in the industry. Diamond Bar.
OCTOBER 18, 2016 PAGE 6 CITY COUNCIL
The City was forced to work with law enforcement to revoke those
business licenses and to close those businesses. If the City had its land
use controls in place it would have likely been able to thwart the
establishment of those businesses.
Because of pushback from communities and the League of California
Cities, those unintended consequences and inadequate composition of
the CAMTC Board, new legislation was passed that went into effect in
January 2015 which fundamentally restored local authority to regulate
massage establishments and required that there be specific
representation on the CAMTC Board which includes the League of
California Cities, the California State Association of Counties and the
California Police Chiefs' Association. Once AB 1147 went into effect, the
City placed a temporary ban on the establishment, expansion and
relocation of massage establishments to conduct the necessary research,
and collaborate with colleagues in other cities to craft appropriate
regulations that comply with AB 1147. The Urgency Ordinance that
placed the moratorium is set to expire in January 2017. After developing
new regulations, Title 22 Amendment was taken to the Planning
Commission which unanimously recommended City Council approval.
Thus, the Amendments to both Title 22 (Zoning Ordinance) and Title 5
(Business License) are before the City Council this evening for approval.
The distinction between Title 22 and Title 5 is that Title 5 regulates the
individuals/practitioners that operate land uses within the City that require
a Business License. The Amendments to the Development Code regulate
the land uses only. So the City is not only looking at the operators
conducting the businesses, but also determines where those land uses
may take place in the City — time, place and manner restrictions, which
includes the zoning districts in which uses may occur, independent of the
players in the operation of the land use.
Title 22 — This amendment proposes to separate massage from other
personal service uses and to separate them from being lumped in with
how Diamond Bar regulates tattoo parlors. Personal service in Office
Zones are permitted in all of the Office Professional and OB (Commercial
Office). The C-1 Zone consists of very limited neighborhood commercial
areas which generally serve local commercial uses that have early closing
hours. For massage establishments separate from other land uses, the
amendment allows them in the C-2 and C-3 Zoning Districts subject to
approval of a Conditional Use Permit. Because the nature of massage
establishments is that they typically operate at later hours than office uses,
they are being kept within the Commercial Districts that have compatible
business hours.
OCTOBER 18, 2016 PAGE 7 CITY COUNCIL
Tattoo parlors were previously allowed to operate in virtually all
commercial zones subject to a Conditional Use Permit. The problem the
City faces today is that in 2010 the 9th Circuit held in a decision that
undue regulation or banning of tattoo parlors is unconstitutional in that it is
restricting free speech/free expression. So to avoid legal challenge, the
City cannot prohibit tattoo parlors all together and cannot impose
Conditional Use Permit requirements. What the City can do, however, is
restrict them in terms of where they may locate which is somewhat similar
to how the City is limited to regulating adult businesses. Through
consultation with the City Attorney's office, staff determined that C-3,
being the most intensive commercial district more generally located on
busier roadways and arterials, that tattoo parlors be allowed only in that
district. While it is a permitted use, it would allow the City to survive any
legal challenges that it is being overly restrictive in time, place and manner
and/or thwarting free expression.
Title 5 - While opening up Title 5 to accommodate changes to the
massage establishment regulations it offers an opportunity to untangle
these regulations as well as, clean up provisions of Title 5. Among the
cleanup items this proposed ordinance tackles is to eliminate one
provision "Temporary License" which staff finds to be inconsistent with
Title 22. The "Temporary License" provision allows the granting of a
business license for a use requiring a Conditional Use Permit which
essentially means that the City would be giving business licenses to a use
that is unpermitted. Given that conflict with land use regulations, staff is
proposing to strike that provision from the City's Business License
regulations. Another important provision staff would like to amend is the
"revocation and appeals" provision of the Business License Ordinance.
Currently, a business license may only be revoked through action of the
City Council which is uncommon and somewhat heavy-handed in terms of
the due process of revocation. Therefore, staff is recommending to
remove the revocation authority to the Community Development Director
and appeals to such an action would be forwarded to the City Manager for
a final decision.
Recommend licensing requirements for massage parlors that stay within
the limitations as set forth under AB 1147, staff has added additional
findings to the Business License section and imposing a requirement that
any massage establishment employ only technicians that are CAMTC
certified in order to conduct business within the City. Additional
regulations call out that massage establishment operators need to keep
and maintain personnel lists, limit their hours of operations so that 10:00
p.m. is closing time and, to post or display in menu format the prices for
services provided by the establishment. Further, staff has included
provisions for prohibited conduct which includes restrictions on the serving
of alcohol (unless the massage establishments goes through an approval
process for that specific purpose) and other restrictions on paraphernalia
OCTOBER 18, 2016 PAGE 8 CITY COUNCIL
and other merchandise that might be available at a massage
establishment that would be an indicator of illicit activity. Also included is
the requirement that inspections by appropriate public officials may be
conducted to ensure that the business is operating in accordance with the
underlying regulations.
An operator or owner of a massage establishment is not required to be
CAMTC certified; however, they are subject to a background check by the
Sheriff's Department prior to receiving a business license. Managers that
are not owner/operators, would also be subject to a background check.
Because massage technicians must be CAMTC certified, and because AB
1147 says that cities cannot impose any other requirements on a massage
technician that is CAMTC certified, they would not be subject to a
background check. However, in order for them to become CAMTC
certified they must undergo a certification process which is now much
more rigorous and is subject to oversight by representatives of agencies
that have cities best interests in mind as well as, protecting the interest of
the massage industry. Any other employees of a massage establishment
such as a receptionist, accountant or anyone not involved in the
management, operation or providing massages would not be subject to
any background check or CAMTC certification requirements.
CDD/Gubman highlighted a recommended revision to the draft Ordinance
before the City Council which is found in Section 13(8)(4) of the Ordinance
amending Title 5, subsection c & d: Under the category of grounds for
denial, staff wants to be able to use an applicant's history back to 10 years
prior to the date of application for a business license instead of 5 years to
coincide with requirements across the board.
Staff recommends that the City Council approve for First Reading as
amended by Title only, and Waive Full Reading, and schedule Second
Reading for November 1, 2016 for both Ordinances under subsection a)
and subsection b).
CM/DeStefano read the Ordinances
(a) Ordinance No. 06(2016): Amending Diamond Bar Municipal Code
Sections 5.00.080, 5.04.010, 5.04.020, 5.04.50, 5.04.60, 5.04.070,
5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140, 5.080.010, 5.08.070 of
Title 5 (Business Licensing) Pertaining to Business Licensing, Massage
Establishments and Massage Technicians.
(b) Ordinance No. 07(2016): Amending Sections 22.10.030, 22.30.040,
22.42.020 and 22.60.020 of Title 22 (Development Code) Pertaining To
the Permissible Locations and Permit Requirements for Massage
Establishments and Tattoo Parlors.
OCTOBER 18, 2016 PAGE 9 CITY COUNCIL
C/Low said that staffs report indicated there were a number of illicit
establishments in Diamond Bar and that at one point there were 4 which
grew to 15. How many massage establishments are there at this time and
how many of the 15 were illicit establishments and what happened to
them?
CDD/Gubman responded that there are currently 10 establishments that
are open. Staff found three establishments to be engaged in prostitution
and after working with law enforcement and obtaining the evidence, staff
proceeded to work with the property owners to close those businesses.
C/Low asked if they were processed under penal code.
CDD/Gubman responded "no."
C/Low asked if their licenses were revoked.
CDD/Gubman said that their licenses were revoked and there were sting
operations associated with a couple of the businesses and due process
steps were taken in that regard.
C/Low asked if someone were to conduct a background check on the
three business operators, what would show on the record to indicate that
these people had previously operated an illicit establishment.
CDD/Gubman said that staff learned that these operators were operating
in other jurisdictions and had similar complaints associated with those
operations as well.
C/Low asked if there was a rap sheet or business history or public records
that follow these operators that would come forward through a background
check from this time forward.
CDD/Gubman reiterated that staff works with the Sheriffs Department
which has access to the information through databases and by sharing
information with other jurisdictions where the applicant may have operated
a business in the past. The investigation the City would undertake as
proposed, would utilize all of the tools available.
C/Low referred to Item 5.04. 100 Item b which states that upon appeal, the
decision of the City Manager shall be final and she wanted to know if that
was final or final before Superior Court.
CDD/Gubman said that it would be final prior to seeking other legal
recourse.
OCTOBER 18, 2016 PAGE 10 CITY COUNCIL
C/Low asked if there were any rules for display of the technician's CAMTC
Certificates.
CDD/Gubman reiterated that the business operators are required to
maintain all of the certifications and must be provided to the City as they
are updated. Should the City or any other authorized government official
inspect the premises, those records need to be readily available.
C/Low asked whether an establishment that is in an area that is not within
the proper zoning, able to transfer that business and remain at that
location or once it is transferred they would be out of compliance.
C/Low said she was asking if the owner could sell that business in that
location as a business that could continue operating in that location.
CDD/Gubman explained that the land use runs with the land so the use is
still permissible there but the new operator would be subject to all of the
background requirements prior to obtaining a business license. The land
use is a legal non -conforming use.
M/Lyons asked if the decision to not prosecute the three establishments
and attendants that were engaged in prostitution and closed down was a
City decision or was the decision made by law enforcement.
CDD/Gubman responded that the City's primary interest was in abating
those nuisances from the City. Since the operators voluntarily left the City
staff did not pursue any other prosecution of a land use or business
license violation because the evidence was initially collected through
actions by Vice personnel with the Sheriff's Department and they may be
subject to other penalties. Those arrests/citations would be in the
database with CAMTC so it does damage their future opportunities for
CAMTC certification.
CA/DeBerry added that if it was for an offense such as prostitution, it is a
state violation so the decision to prosecute or not prosecute would
ultimately be made by the District Attorney's office. The City has no role in
enforcing state law.
C/Tye asked for clarification about how, if there was no prosecution and
the business that was a nuisance in Diamond Bar left and went to Walnut
or Brea or Rowland Heights or vice versa, and one of those cities did a
background check, if there is no evidence of a prosecution how would
anyone know that the business was a nuisance business.
OCTOBER 18, 2016 PAGE 11 CITY COUNCIL
CDD/Gubman said there would have been action taken by the Sheriff's
Department in the instances he discussed which means there is a record
that would appear in the CAMTC history. Further, CDD/Gubman receives
alerts on a weekly basis from CAMTC that notice suspension and
revocations.
M/Lyons opened the Public Hearing.
Lee Salas, owner, Massage Envy, has been in the City for almost five
years. Unfortunately, she was supposed to meet with CDD/Gubman but
was otherwise occupied which brought her to the Council this evening.
Page 38, 5.08.070 (g) (4) (d) — 10 years preceding the filing of the
application, says that if one has been an owner/operator/manager of an
establishment where such conduct occurred such as someone engages in
exposing themselves or there is inappropriate conduct or touch, they
would be restricted from providing services and it states that the owner or
manager would be denied a permit. Based on being a Massage Envy
owner, they hire only CAMTC certified people, conduct their own
background checks on all technicians, conduct annual training and if there
is even a hint of something like this from one of their clients, they are
dismissed. Her concern is, as an owner, she would never want this to
happen in her establishment but if it did, as she reads the amendment,
she could be denied her license after that. When she goes through
everything that can be done with the exception of being in the room with
the person having a massage to make sure it does not occur, bottom line
is that even though the person has passed CAMTC checks and the
owner's background checks and receives annual training, could do
something like this and it concerns her that after having done everything
possible to assure something illicit does not occur, it could happen and
she could be denied her license.
5.08.070 (i) (1) (g) says there should be no audio or visual internal
communication devices. Massage Envy has security cameras inside the
facility in the lobby, breakroom and office for theft. Is this permitted or
does this section mean they cannot have security cameras in those areas.
They are not and should not be in the treatment rooms but they should be
allowed in public areas for security purposes.
5.08.070 (3) (c) talks about the personnel registry. CDD/Gubman is
correct that every CAMTC person has a license and they also have a
badge which they could be required to wear during service. With that
said, coming from a banking background and looking at what is required
on this list (name, address, telephone number, age, date of birth, height,
weight, color of eyes, date of employment and termination for the previous
two years), which she believes is overboard because while there should
be access if they are being inspected, but if she was an employee she
OCTOBER 18, 2016 PAGE 12 CITY COUNCIL
would want this very personal information under restricted access. If a
registry is required perhaps what that is attempting to accomplish needs to
be stated and if the purpose is to make certain that people performing
massages are certified, they should have an identification badge with
photo that provides that information.
5.08.070 (4) (d) hours of operation talks about putting in the name and
photograph of the on -duty manager. Again, coming from a banking
background where she had a gun held to her head she really does not
want her picture displayed. She has her phone number in the lobby but
having her picture there during the hours when the business is closed so
she can have someone hold a gun to her head to come back in, she does
not want that and she does not know what the picture accomplishes.
Ms. Salas concluded by saying that she believes in what this amendment
attempts to do and legitimizing the business and she asked that the
Council look at these items to determine whether they are really
necessary.
With no further testimony be offered, M/Lyons closed the Public Hearing.
CM/DeStefano asked for a short break to allow staff to meet and discuss
the four items of concern for response.
RECESS: M/Lyons recessed the City Council Meeting at 7:53 p.m.
RECONVENE: M/Lyons reconvened the City Council Meeting at 8:03 p.m.
CDD/Gubman responded.
Page 38, 5.08.070 (g) (4) (d) — if the owner took immediate action to end
that bad behavior there would not be a red flag associated with that
incident.
5.08.070 (i) (1) (g) - "There shall be no audio or visual internal
communication devices within the establishment such as buzzers, alarms,
or intercom systems." The concern is that this would appear to prohibit
surveillance cameras or other surveillance equipment. Staff's intent and
language is not considering surveillance equipment to be "internal
communication devices" as surveillance equipment is security equipment.
The intent of the section is to prevent someone at the front desk notifying
technicians of an inspection, for example — it is not to prohibit use of
security equipment.
5.08.070 (i) (3) (c) — the requirement is to register all persons currently
and within the prior two years who have provided massage services at
that establishment. The information is not to be kept in a conspicuous
OCTOBER 18, 2016 PAGE 13 CITY COUNCIL
place, it is to be available for access by public officials upon inspection.
The intent is to ensure that those people working at the premises are
indeed the persons who are licensed to do so and the physical
descriptions, addresses, age, DOB, etc. enable the inspector to make
certain that the CAMTC Certified personnel are indeed those that are
working at that facility.
C/Tye asked if an inspector would find a copy of the CAMTC Certification
and a copy of a driver's license sufficient to meet the intent of 5.080.070 (i)
(3) (c).
CA/DeBerry said that the driver's license would suffice as far as the
information contained on the driver's license, but there is additional
information that is required in the register such as, the telephone number.
C/Low asked if the person had to wear a badge with this information
CDD/Gubman reiterated that the City is not requiring a badge.
5.08.070 (i) (4) (d) — the concern about the personal risks of having the
manager's photograph on display in the lobby. Staff understands that
concern and the primary interest is that an inspector have the ability to
verify that the manager on duty is indeed the person that was hired to be
on duty. If that information was provided in accordance with the previous
section for all of the employees so that it is available to public officials
upon inspection, staff believes that would suffice. Accordingly, the
language of this section could be revised as follows: Strike "posted in a
conspicuous public place in the lobby" and in its place say "provided in
accordance with Section 5.08.070 (i) (3) (c). The only other benefit to
having the photo displayed in the lobby is that if a customer had a
complaint and needed to speak to the manager, that information would be
available. Of course, the customer could request to speak to the
manager.
C/Low asked if the "rule of reason would prevail" would it be something
that would be disclosed in an application for a permit that they had
experienced a problem with a particular employee and these are the steps
that were taken to remedy the situation, and would that be something staff
would consider upon review of the application and would therefore have a
basis for having a reason to prevail.
CDD/Gubman responded that if the applicant volunteered that information
in their application for a business license and the information was
supported through the background investigation, certainly, those factors
would be taken into account.
OCTOBER 18, 2016 PAGE 14 CITY COUNCIL
She asked if CDD/Gubman would consider including this in his application
process.
CDD/Gubman responded yes and that it was a good suggestion.
MPT/Lin asked how the City would check background information on
immigrants who have been in the country and in business for only three
years if the requirement is five years.
CDD/Gubman said that the City may not be able to.
MPT/Lin asked if the application would be denied in that instance.
CA/DeBerry said no, the application would not be denied. If only three
years of information is available, that is all that can be considered. Since
there would not be an opportunity to go back an additional seven years
(10 -year requirement under the amendment) if there is no finding of
violations or other occurrence that would otherwise disqualify an applicant,
they could not be denied an application on the possibility that something
may have occurred seven years ago.
CDD/Gubman said that a new employee who recently went through
training and certification obviously would not have an extensive
employment history.
C/Herrera moved, C/Lin seconded, to Approve First Reading by Title Only,
Waiving Full Reading of Ordinance No. 06(2016): Amending Diamond
Bar Municipal Code Sections 5.00.080, 5.04.010, 5.04.020, 5.04.50,
5.04.60, 5.04.070, 5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140,
5.080.010, 5.08.070 of Title 5 (Business Licensing) Pertaining to Business
Licensing, Massage Establishments and Massage Technicians.as
amended by staff. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Herrera moved, MPT/Lin seconded, to Approve for First Reading by
Title only, Waiving Full Reading of Ordinance No. 07(2016): Amending
Sections 22.10.030, 22.30.040, 22.42.020 and 22.60.020 of Title 22
(Development Code) pertaining to the Permissible Locations and Permit
Requirements for Massage Establishments and Tattoo Parlors. Motion
carried by the following Roll Call vote:
OCTOBER 18, 2016
PAGE 15
CITY COUNCIL
AYES:
COUNCIL MEMBERS:
Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
8. COUNCIL CONSIDERATION:
8.1 (a) ADOPT URGENCY ORDINANCE 08 (2016): PROHIBITING THE
ESTABLISHMENT OF MARIJUANA DISPENSARIES AND REGULATING
RECREATIONAL USE MARIJUANA.
(b) FIRST READING OF ORDINANCE 09 (2016): AMENDING
CHAPTER 8.26 OF THE DIAMOND BAR MUNICIPAL CODE TO
PROHIBIT THE OPERATION AND ESTABLISHING THE USE OF
MARIJUANA.
CM/DeStefano recited Ordinance No. 08 and Ordinance No. 09 and
turned the matter over to CDD/Gubman for staff's report.
CDD/Gubman stated that with the likely passage on November 8 of
Proposition 64, otherwise known as the "Adult Use of Marijuana Act'
(AUMA), staff and the City Council conducted a Study Session on October
4 so that staff could seek direction on how the City Council wanted to
proactively address this issue. Title VIII of the Municipal Code contains a
prohibition on Medical Marijuana Dispensaries. Proposition 64 would
legalize nonmedical marijuana businesses in the City and legalize the
personal cultivation of nonmedical marijuana. City Council provided
direction to proceed with the preparation of an ordinance prohibiting both
medical and non-medical marijuana businesses and staff reopened the
current regulations under Title VIII Chapter 8.26 and proposes some minor
amendments so that the ordinance covers both classifications of
marijuana businesses.
1. Change Recital as follows:
WHEREAS, Proposition 64, the Control, Regulation and Tax Adult Use
of Marijuana Act ("AUMA") is on the November 8, 2015 2016 ballot and
would decriminalize, under State law, specified recreational cultivation
and use of marijuana; and"
2. Change the word 'Recreational' to "Nonmedical'
This Ordinance would be consistent with Proposition 64 in that the
language expressly states that local agencies still retain the authority to
prohibit the sale and distribution of nonmedical marijuana. Cities cannot
prohibit the personal indoor cultivation of up to four marijuana plants at a
OCTOBER 18, 2016 PAGE 16 CITY COUNCIL
private residence but what cities can do is prohibit the personal cultivation
outdoors and thus, have included in the proposed Ordinance all of the
restrictions to the extent they can be imposed under Proposition 64. So
for the rights that would be granted under that new statute, staff would
propose to limit them by stating that "the personal cultivation is limited to
indoors."
Staff recommends separate adoption of Urgency Ordinance to effect these
regulations should Proposition 64 pass because although a seller's permit
would not likely be issued to any business until late 2017 or early 2018,
the personal cultivation would be legalized on November 9.
C/Herrera moved, C/Low seconded, to Adopt Urgency Ordinance No. 08
(2016): Prohibiting the Establishment of Marijuana Dispensaries and
Regulating Nonmedical Use Marijuana. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
M/Herrera moved, C/Low seconded, to Approve First Reading by Title
Only, Waiving Full Reading of Ordinance No. 09 (2016) Amending
Chapter 8.26 of the Diamond Bar Municipal Code to Prohibit the Operation
and Establishing the Use of Marijuana. Motion carried by the following
Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera said that Restaurant Week was lots of fun and it was especially fun
visiting the different restaurants and tasting the good food. It was also fun having
the Ribbon -Cutting of Guacs; a new Mexican Grill restaurant in the H Mart
Shopping Center. Congratulations and thanks to staff for having the City's first
Barktoberfest. There were many little dogs running around in costumes and
prizes were given for best costume. Considering all of the dogs that were
present, everyone was very well behaved. It was a very nice event attended by
many.
OCTOBER 18, 2016 PAGE 17 CITY COUNCIL
C/Low echoed C/Herrera's comments. Restaurant Week was lots of fun and the
food was really, really delicious. Congratulations and thank you to staff for two
great events - Restaurant Week and Barktoberfest. Staff did a great job on
installing the sign at the south end of Diamond Bar which looks fabulous and
provides a nice entryway to the City. She wished everyone a Happy Halloween.
C/Tye said that the success of Restaurant Week will be followed by Weight
Watchers Week. He could use some help. In his capacity as Diamond Bar's
representative to the Greater Los Angeles County Vector Control District, he
found out last Thursday night that the Aedes aegypti (mosquito) has been found
in Diamond Bar which is not good news, especially since it rained here recently
and the temperature is expected to increase to the 90's or 100's over the next
few days which leads to the possibility that breeding will take place. If anyone
sees anything (standing water) including next door pools that are not being kept
up, please call the Greater Los Angeles County Vector Control District to alert
them. Levy Sun at 562-944-9656 ext. 511 is the Public Information Officer and
he will make sure the proper authorities take action. He asked that staff post the
information on the City's website. This is a real potential health issue that could
get out of control in a hurry.
MPT/Lin had nothing to report.
M/Lyons congratulated Diamond Bar Eagle Scout Eric Whatley who was one of
50 Eagle Scouts chosen to carry a banner in the 2017 Tournament of Roses.
Congratulations to CSC/Tarazon and staff for the fabulous Barktoberfest event.
More than 1000 people participated and she imagined there were 1500 dogs that
enjoyed the activities including a costume contest. There will be many, many
photos and she hoped they would be available for viewing in the next week or so.
The first Restaurant Week event was held this past week. She felt it was very
well received by the community. The goal was to capture the variety and quality
of different dining establishments throughout the City and to promote those
participating restaurants by enticing new patrons and for patrons to take
advantage of special deals and special menus. She thanked MA/Lopez for her
leadership in this event. This was the first big promotion she took on and worked
to make it a very successful event. M/Lyons thanked the restaurants that
participated in this first cycle. Some were not aware of what Restaurant Week
was but everyone stepped up to the plate which was good. M/Lyons shared that
she met her personal commitment to eat at every restaurant. Early on when
there were only a handful of restaurants, that commitment seemed very do -able
and practical. As the event drew closer the number of participating restaurants
doubled and tripled and went even beyond. She made up a spread sheet to
make sure she attended each and every restaurant because 20 meals in 7 days
is a lot. She enjoyed appetizers, drinks and desserts and learned that when it
comes to promoting Diamond Bar Restaurants she can attest to enjoying the
good taste of the local food. She can have two lunches and two dinners per day
which she did and in addition, even ate pizza for breakfast. It was a lot of fun
and a great experience and she looks forward to Restaurant Week 2017. For
OCTOBER 18, 2016 PAGE 18 CITY COUNCIL
anyone who is interested and did not get a chance to participate, the restaurants
are still listed at www.dbrestaurantweek.com and this website will remain live
with those menus through the next year.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 8:42 pm
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2016.
NANCY LYONS, MAYOR
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
AUGUST 23, 2016
CALL TO ORDER:
Agenda No. 6.3(a)
Acting Chair/Wolfe called the meeting to order at 7:02 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Farrago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken Mok and Vice
Chairperson Raymond Wolfe
Absent: Chairperson Jennifer Mahlke was excused.
Also present: Greg Gubman, Community Development Director; James Eggart,
Assistant City Attorney; Grace Lee, Senior Planner; Mayuko Nakajima, Associate
Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Cindy Smith asked what the designation of Low Medium Residential (RLM) with an
underlying General Plan land use designation of Low Density Residential (RL) means.
She believes that in accordance with the current General Plan (1995) it means that the
neighborhood or residence is currently at the RL zoning but that a project such as the .
one being considered this evening would change the zoning to RLM.
CDD/Gubman responded to the speaker that the General Plan has a land use map that
is a broad depiction of where various land uses will be arranged. There are residential
land use designations and within the residential land use designations there are the
RL/RR and other sub -designations that would specify the density ranges. The Zoning
provides more specific development standards within those General Plan categories. In
the case of tonight's public hearing the General Plan designation is RL and the Zoning
is RLM which means that in this situation the Zoning designation is not consistent with
the underlying General Plan designation but the subdivision is developed and the
density is what it is and it will not change. So the Zoning is what is looked at to determine
what this specific development's standards would be, such as what the setback is, how
far from property lines the structure can be, what percentage of the lot can be covered
within that Zoning District, which will establish the development parameters for
construction or modifications to existing developments. As Ms. Smith pointed out, the
General Plan designation is inconsistent with the zoning which occasionally happens.
Fortunately, the City is in the process of doing a General Plan Update which will tune-
up these inconsistencies. In the meantime, for the purpose of looking at existing
development within an existing subdivision the Commission is focused on the Zoning
Development Standards.
AUGUST 23, 2016 PAGE 2 PLANNING COMMISSION
3
El
Ms. Smith said it sounds like what is happening in neighborhoods such as the one she
lives in were zoned RL and over the years there have been many projects occurring in
the neighborhood and as these projects continue it increases the density of the
neighborhood and after a time, the City is out of consistency with the General Plan. Will
the General Plan be updated to match the incremental density the City has been adding
all of these years?
AC/Wolfe said that for the most part the City is already built out and the density is what
it is. In some communities such as "The Country Estates" for example, there were
zoning requirements for what the land use was going to be and what Ms. Smith is
experiencing is parcels being built on that that had not previously been built on.
Ms. Smith said it would be better to call it a "densification" — a fattening of all of the
existing houses and that is what she is seeing in different neighborhoods. She has
looked at the zoning map and she has noticed in her property that it is RL but now it has
an RLM designation. Her concern is how to intervene and stop "mansionization"
because she believes good planning is supposed to be a proper engagement of that
question and guidance of that project to something consistent with the General Plan.
CDD/Gubman clarified that density as it is defined within the lexicon of planning
terminology is the number of dwelling units per acre. Adding onto a house, tearing down
and rebuilding a house does not change the density. If an applicant proposed to
subdivide land, in that situation there would be a potential conflict between the zoning
and the General Plan and either the Zoning would have to be amended to conform to
the General- Plan designation or vice versa. But it should not be misunderstood that
anybody adding onto an existing house is increasing the density because that is not the
case.
APPROVAL OF AGENDA: As presented
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of July 26 2016.
C/Farago moved, C/Barlas seconded to approve the Minutes of the Regular
Meeting of July 26, 2016, as presented. Motion carried by the following Roll Call
vote:
AYES:
NOES:
ABSTAIN
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
5. OLD BUSINESS: None
Barlas, Farago, VC/Wolfe,
None
Mok
Chair/Mahlke
AUGUST 23, 2016 PAGE 3
6. NEVA/ BUSINESS: None
PUBLIC HEARING(S):
PLANNING COMMISSION
7.1 Development Review and Minor Conditional Use Permit No. PL2016-76 —
Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56,
the applicants requested Development Review approval to construct an
894 square -foot second story addition to an existing 2,316 square foot, one-story,
single-family residence on a 0.27 (11,900 gross square foot) lot. A Minor
Conditional Use Permit was requested to allow a second story addition to an
existing nonconforming structure with an existing west side setback of 9 feet 2
inches (9' 2") where 10 feet is required. The subject property is zoned Low
Medium Residential (RLM) with an underlying General Plan land use designation
of Low Density Residential (RL).
PROJECT ADDRESS:
PROPERTY OWNER/
APPLICANT:
1456 Indian Well Drive
Diamond Bar, CA 91765
Ayubur and Dil R. Rahman
1456 Indian Well Drive
Diamond Bar. CA 91765
AP/Nakajima presented staff's report and recommended Planning Commission
approval of Development Review and Minor Conditional Use Permit No. PL2016-
76, based on the Findings of Fact, and subject to the conditions of approval as
listed within the Resolution.
ACM/olfe opened the public hearing.
Mr. Rahman, property owner and applicant, stated that he and his family have
been living in Diamond Bar for the past 20 years and based upon their knowledge
of the community and the City and his knowledge and experience as a Civil
Structural Engineer teaching at Cal Poly and USC for many years he and his wife
developed this plan. Over the past couple of months they have worked with the
Planning staff and especially AP/Nakajima in an effort to meet the City's
requirements and they very much appreciate the help and cooperation from staff.
Throughout this process several changes have been made. However, they forgot
to include one item which was a window in the bathroom and asked for
consideration of a standard horizontal small glazed window toward the ceiling.
AC/1Nolfe asked the applicant to come to the screen to show the location of the
proposed window on the plan.
AUGUST 23, 2016 PAGE 4 PLANNING COMMISSION
C/Mok pointed out that Exhibit A3 calls out the new bathroom window (Item 5).
The applicant said he inadvertently left it off of the plan drawing.
Mr. Rahman further stated that in the package he received in the mail there is
one Condition of Approval that requests him to sign an agreement with the City
indicating that none of the rooms in the house will be rented out which they would
never do and which is clearly stated in the Conditions of Approval. However, this
home is in a residential area and zoned as Single -Family Residential and the
zoning prohibits all citizens living in that area from renting any portion of the
house. In addition, there are several houses in his community which have the
similar development. He requested the City to remove that Condition of Approval
but if other residents have signed the same kind of agreement, they will do so as
well because there is no issue. As far as he knows, there is no kind of regulation
or rule that requires this kind of agreement for this type of development. And they
were wondering why the City would be imposing this kind of condition on them.
AC/Wolfe asked Mr. Rahman if it helped him to know that when he added on to
his house eight or nine years ago, he too had to sign that very same agreement.
Mr. Rahman said, oh, perfect. C/Barlas also added that she too had to sign such
an agreement regarding her property. Mr. Rahman said they are so happy that
they are not being singled out. He agreed to the Condition saying it was so easy
for them to sign the agreement. He again said he appreciated all of the help they
had received from the City.
AC/Wolfe thanked the Rahman's for being long-time residents of the City.
AC/Wolfe asked staff if the Minor Conditional Use Permit was addressed in 2010
when there was an addition to this house. AP/ Nakajima pointed out that the
2010 MCUP was limited to the ground floor and there is an exception in the Code
that states that whenever there is an addition limited to the ground floor and it
continues the same building line they do not need a new MCUP. However, in
this case, they are building up.
VC/Wolfe closed the public hearing.
VC/Wolfe moved, C/Mok seconded, to approve Development Review and Minor
Conditional Use Permit No. PL2016-76, based on the Findings of Fact, and
subject to the conditions of approval as listed within the Resolution with the
requested change to add a frosted window on the second floor in the bathroom.
Motion carried by the following Roll Call vote:
AYES: Barlas, Farago, VC/Wolfe, Mok
None
Chair/Mahlke
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
AUGUST 23, 2016 PAGE 5 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Mok said that during the joint City Council and Planning Commission General Plan
Kickoff meeting, he was extremely impressed by the professionalism of everyone on the
General Plan Update committee and he looks forward to working with the City Council
and staff in pursuing this three year project.
AC/Wolfe offered that he too was impressed with the consultant team and that he was
also looking forward to working with the City Council and staff on the three year General
Plan Update.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman noted that at this time there was one item scheduled for the
September 13 Planning Commission agenda, which was the Massage Ordinance
requiring massage businesses to apply for a Conditional Use Permit.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
AC/Wolfe adjourned the regular meeting at 7:30 p.m.
The foregoing minutes are hereby approved this 27th day of September, 2016.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
J t
ifer I e, Chairperson
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13; 2016
CALL TO ORDER:
Agenda No. 6.3(b)
Chair/Mahlke called the meeting to order at 7:00 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chair/Wolfe led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken Mok,
Vice Chair Raymond Wolfe and Chair Jennifer Mahlke
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner, May Nakajima,
Associate Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS:
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Special Meeting of August 10 2016, Joint General Plan
Update Kickoff Meeting of the City Council and Planning Commission.
C/Mok moved, Chair/Mahlke seconded, to approve the Minutes of the
Special Meeting of August 10, 2016, Joint General Plan Update Kickoff
Meeting of the City Council and Planning Commission as presented.
AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
4.2 Minutes of the Regular Meeting of August 23, 2016.
VCNVolfe moved, C/Barlas seconded, to approve the Minutes as presented.
Motion carried by the following Roll Call vote.
SEPTEMBER 13, 2616 PAGE 2
AYES:
NOES:
ABSTAIN:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARING(S):
None
None
Barlas, Farago, Mok, VC/Wolfe
None
Chair/Mahlke
None
7.1 DEVELOPMENT CODE AMENDMENT NO. PL2015-205— Under the
authority of Diamond Bar Municipal Code Section 22.70, the City of
Diamond Bar proposes to amend certain sections of the Development Code
in order to establish massage regulations and requirements consistent with
Assembly Bill 1147 as well as, revise the land use provisions for tattoo
parlors to be consistent with recent case law. The project includes a request
to amend the following sections of Title 22 of the Diamond Bar Municipal
Code (Development Code): 22.10.030, 22.30.040, 22.42.020, and
22.80.020.
Project Address: Citywide
Applicant: City of Diamond Bar
AP/Nakajima presented staff's report and recommended that the Planning
Commission adopt a Resolution recommending City Council approval of
Development Code Amendment No. PL2015-205.
Chair/Mahlke opened the public hearing.
Mathew Ulveno asked if one of the (current) massage establishments would
have to move if this code amendment passed. Chair/Mahlke responded
that her understanding is that current massage establishments become
"legally non -conforming" which means that they continue doing business.
However, if they decide to expand or intensify their business they must
reapply and the project must fall within this directive, if approved by the City
Council.
Lee Salas, owner of Massage Envy, said that every 10 years her
--
establishment -.must_go-#o_ats_ franchiser . and update the interior of their___
premises to keep it clean and fresh and wanted to know if that at that point
the establishment would continue as "legal non-conforming/grandfathered
in" or fall under the amendment.
SEPTEMBER 13, 2016 PAGE 3
PLANNING COMMISSION
ACA/Eggart responded that if a legal non -conforming business wanted to
increase its square footage (size of the structure) it would not be allowed to
do so in that location and would have to remain within the same building
footprint/square footage.
CDD/Gubman further explained that with respect to Ms. Salas's business,
it would be a non -conforming use because that business does not currently
have a Conditional Use Permit. The business is located in a zone that
allows massage establishments and if Massage Envy wanted to expand in
the future they would have to apply for a Conditional Use Permit. In short,
they are not prohibited from expanding in their current location but to do so,
they would have to obtain a Conditional Use Permit if the ordinance is
adopted as drafted.
Chair/Mahlke closed the Public Hearing.
VC/VVolfe thanked Assembly Member Bonilla for her leadership in
correcting what to him is clearly an overreach by the State Legislature by
returning the control back to the local municipalities.
Chair/Mahlke asked if there were any pending applications for massage
parlors and CDD/Gubman responded "no."
C/Mok asked if the five establishments that left the City did so on their, own
accord. CDD/Gubman responded that they went out of business either
voluntarily or involuntarily due to actions of the Community Development
Director.
VC/VVolfe moved, C/Mok seconded, to recommended adoption of a
Resolution recommending City Council approval of Development Code
Amendment No. PL2015-205. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Barlas, Farago, Mok, VCNVolfe,
Chair/Mahlke
None
None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
- - C—hairtMahlke-explained-that-she -missed-the --lastmeeting because she was out-of--
state to help her sister with an early delivery of her baby while her husband was
out of the state and she was so distracted she failed to let staff know she would be
absent.
SEPTEMBER 13, 2016 PAGE 4 PLANNING COMMISSIOA
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that there are two items scheduled for the
September 27, 2016, agenda — the exterior facelift modernization of the
Holiday Inn located in the Gateway Corporate Center and a new single
family residence in The Country. He will not be able to attend the
September 27 meeting and SP/Lee will conduct the meeting in his stead.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Mahlke adjourned the regular meeting at 7:24 p.m.
The foregoing minutes are hereby approved this 27th day of September, 2016.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
�j, V1k
e �ifehairperson
Agenda No. 6.3(c)
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 27, 2016
CALL TO ORDER:
Chair/Mahlke called the meeting to order at 7:00 p.min the City Hall Windmill Room, 21810
Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken
Mok, and. Chairperson Jennifer Mahlke
Absent: Vice Chairperson Raymond Wolfe was excused
Also present: Grace Lee, Senior Planner, James Eggart,
Assistant City Attorney; Natalie T. Espinoza, Assistant Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of August 23, 2016:
C/Farago moved, C/Mok seconded to approve the Minutes of the Regular
Meeting of August 23, 2016.
AYES: COMMISSIONERS: Barlas, Farago, Mok,
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS Chair/Mahlke
ABSENT: COMMISSIONERS: VC/Wolfe
4.2 Minutes of the Regular Meeting of September 13, 2016:
C/Farago moved, C/Barlas seconded, to approve the Minutes of the Regular
Meeting of September 13, 2016, as presented. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Barlas, Farago, Mok,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Wolfe
+ i.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
WNHN I" ;�' ,' ,I
7.1 DEVELOPMENT REVIEW NO. PL2016-77 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner
requested Development Review approval for an exterior fagade remodel of the
existing Holiday Inn located on two parcels totaling 4.89 gross acres (212,069
gross square feet). The subject property is zoned Office Business Park (OB)
with an underlying General Plan land use designation of Office Professional
(OP)
PROJECT ADDRESS
PROPERTY OWNER;
21725 Gateway Center Drive
Diamond Bar, CA 91765
Oak Creek LP
21725 Gateway Center Drive
Diamond Bar, CA 91765
APPLICANT: Anthon Ellis
AB Design Studio, Inc.
2234 Barry Avenue, Suite 100
Los Angeles, CA 90064
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review No. PL2016-77, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
Chair/Mahlke opened the public hearing.
With no one present who wished to speak on this item, Chair/Mahlke closed
the public hearing.
C/Mok asked about the installation of 438 square feet of landscaping in front
of the retaining wall. On Page 7 of the plans, it shows a brown patch on the
slope and he asked if there were plans to mitigate the area. AP/Espinoza
responded that at this point in time the applicant is proposing to landscape the
area in front of the wall only. C/Mok said it will be a beautiful building when
finished and it will be a shame if half of that slope is brown. AP/Espinoza
explained that the applicant is required to maintain that slope with green
vegetation and staff will make certain during plan check and inspection that it
SEPTEMBER 27, 2015 PAGE 3
PLANNING COMMISSION
is properly maintained. C/Mok said that on the plans, Page A4.01, it appears
to him to be a west elevation rather than an east elevation. Likewise on Page
A4.03,, it appears to be the east elevation instead of the west elevation.
AP/Espinoza said that the applicant acknowledged they are reversed and
during plan check she will verify that the correct elevations are noted on the
plans.
Chair/Mahlke moved, C/Barlas seconded, to approve Development Review
No. PL2016-77, 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: Barlas, Farago, Mok,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Wolfe
Chair/Mahlke congratulated the applicant, said she believed the project will be
beautiful and a welcomed change to the center.
7.2 Development Review No. PL2015-405 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant and property owner requested
Development Review approval to demolish an existing house, and construct
an 18,005 square -foot single family residence with 3,077 square feet of garage
and storage area, 650 square feet of patio/deck area and a 142 square foot
gazebo on a 1.27 gross acre (55,250 gross square foot) lot. The subject
property is zoned Rural Residential (RR) with an underlying General Plan land
use designation of Rural Residential.
PROJECT ADDRESS: 2759 Steeplechase Lane
Diamond Bar, CA 91765
PROPERTY OWNER: Mary H. Dong
2759 Steeplechase Lane
Diamond Bar, CA 91765
APPLICANT: Pete Volbeda
180 N. Benson Avenue, Suite D
Upland, CA 91786
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review No. PL2015-405, Findings of
Fact, and subject to the conditions of approval as listed in the resolution.
Chair/Mahlke opened the public hearing.
SEPTEMBER 27, 2016 PAGE 4
n
E
PLANNING COMMISSION
Pete Volbeda, architect, said that as mentioned in staffs report this appears
to be a large house but it will look like two stories from the street so it will not
look that big. In addition, there are a number of existing Cypress trees around
the property which will be retained and there will be a tennis court at the rear
of the property where there is a lot of landscaping that will be retained. There
are no problems with the deed restriction. Mr. Volbeda offered to respond to
Commissioners' questions.
C/Mok asked why the owner on the plans is listed as Ms. H. Dong while staff's
report refers to Mary Dong. Mr. Volbeda said that it was the same person.
Andrew Dell, student at Diamond Bar High School, asked how much this
residence would be predicted to cost. Chair/Mahlke responded that it is a great
question but the Commission is not privy to that information.
Chair/Mahlke closed the public hearing.
C/Mok moved, C/Farago seconded, to approve Development Review
No. PL2015-405, based on the Findings of Fact, and subject to the conditions
of approval listed within the resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Barlas, Farago, Mok,
Chair/Mahlke
NOE& COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Wolfe
Chair/Mahlke congratulated the applicant and property owner for an absolutely
stunning design and she felt the architect had taken great care by dropping
the project into the existing landscape.
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SP/Lee stated that the October 11, 2016, meeting agenda consists of one item
which is the renovation of the Kmart Shopping Center which will include
renovating the existing Kmart building and construction of a new 4,200 square
foot freestanding building to accommodate two fast casual food service
tenants, one of which will have a drive-through. The project will also include
renovation of the parking lot (resurfacing and striping, new lighting,
landscaping and ADA upgrades).
SEPTEMBER 27, 2016 PAGE 5 PLANNING COMMISSION
SP/Lee reported that the first General Plan Advisory Committee (GPAC)
meeting is scheduled for October 12, 2016, at 6:30 p.m. in the City Hall
Windmill Community Room.
Chair/Mahlke asked if Commissioners were expected to attend or not attend
and SP/Lee said "not attend." Chair/Mahlke reminded Commissioners that
they are asked not to attend GPAC meetings to avoid the perception of "undue
influence." SP/Lee said that staff would be providing the Commission with
regular GPAC meeting updates.
C/Mok asked if there was a plan for a meet and greet between the 15 GPAC
members and the Commission. SP/Lee said there has been no discussion
and no plan for such a meeting but she will look into it and get back to the
Commission. There is a first Community Workshop scheduled for November
9 where everyone is invited to attend and Commissioners are welcomed. The
workshop will be heavily advertised in media outlets and through the website.
As listed in the agenda. Chair/Mahlke pointed out that Diamond Bar Restaurant
Week, co-sponsored by the San Gabriel Valley Chamber of Commerce, will be held
the week of October 8-14. She hoped that everyone would participate and partake
of the sweet deals and delicious meals. Check out the event and special offerings at
www.dbrestaurantweek.com Also of note, are the Barktober event on October 15 at
Pantera Park and the Family Fun Festival on October 31 at Heritage Park.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Mahlke adjourned the regular meeting at 7:26 p.m.
The foregoing minutes are hereby approved this 11 day of October, 2016.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
J6 ifer h ke, Chairperson
Agenda # 6 .4
Meeting Date: November 1, 2016
CITY COUNCIL "INAGENDA RETORT
..
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City M er
TITLE: Ratification of Check Register da October 13, 2016 through October
26, 2016 totaling $ 680,422.46
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 680,422.46 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 13, 2016 through October
26, 2016 for $ 680,422.46 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 Allen
Accounting Technician
REVIEWED BY: `4
i1`>ULi�\Luk,�F-v`yr ,.J i66;a1 t"i
Finance Director
Attachments: Affidavit and Check Register — 10/13/16 through 10/26/16.
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 13, 2016 through October 26, 2016 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
Intergrated Waste Management Fund
Traffic Mitigation Fund
Com Dev Block Grant Fund
COPS Fund (Public Safety)
PEG Fees Fund
LLAD 38 Fund
LLAD 39 Fund
LLAD 41 Fund
Capital Imp Projects Fund
Vehicle Maint/Repl Fund
Building Fac & Maint Fund
Signed:
Dianna Honeywell
Finance Director
Amount
$563,382.72
$3,308.32
$3,833.08
$25,492.01
$3,695.00
$2,637.00
$1,434.76
$1,687.85
$1,593.39
$986.49
$742.12
$63,793.76
$1,624.85
$6,211.11
$680,422.46
SUNGARD PENTAMATION INC
DATE: 10/26/2016 CITY OF DIAMOND BAR
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:00.000' and 120161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
PAGE NUMBER: 1
ACCTPA21
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
10100
118226
10/13/16
ALLCITYM
ALL CITY MANAGEMENT SERV
0014411
CROSSING GUARD SVCS
0.00
7,094.42
10100
118227
10/13/16
CENTERIC
ARTESIA ICE SKATING TRAI
0015350
CONTRACT CLASS -SUMMER
0.00
66.00
10100
118228
10/13/16
ASSAABOL
ASSA ABLOY ENTRANCE SYST
0014093
MAINT SVCS -LIBRARY
0.00
1,144.44
10100
118229
10/13/16
AYOSOPAT
PATRICIA AYOSO
001
FACILITY REFUND-REAGA
0.00
50.00
10100
116230
10/13/16
EVERGREE
ROBYN A BECKWITH
0015556
PLANT SVCS -HERITAGE
0.00
135.00
10100
118230
10/13/16
EVERGREE
ROBYN A BECKWITH
0015333
PLANT SVCS -DBC -
0.00
200.00
TOTAL
CHECK
0.00
335.00
10100
118231
10/13/16
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015333
LANDSCAPE MAINT-SEPT
0.00
5,645.47
10100
118231
10/13/16
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015333
LANDSCAPE MAINT-AUG
0.00
5,645.47
10100
118231
10/13/16
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015556
LANDSCAPE MAINT-AUG
0.00
25,504.11
10100
118231
10/13/16
VALLEYCR
BRIGHTVIEW LANDSCAPE SER
0015556
LANDSCAPE MAINT-SEPT
0.00
25,504.11
TOTAL
CHECK
0.00
62,299.16
10100
118232
10/13/16
CALCOAAU
CALIFORNIA COACH AUTO BO
5205556
VEH MAINT-PARK & REO
0.00
190.00
10100
118233
10/13/16
CAC0MMER
CALIFORNIA RETROFIT INC
0015333
SUPPLIES -DBC
0.00
161.89
10100
118234
10/13/16
CANTRELL
CANTRELL'S FEED BIN
0015350
SUPPLIES -FALL FUN FST
0.00
433.82
10100
118234
10/13/16
CANTRELL
CANTRELL'S FEED BIN
0015350
SUPPLIES-BARKTOBER
0.00
86.76
TOTAL
CHECK
_
0.00
520.58
10100
118235
10/13/16
CHENTSEH
TSEHSUAN CHENG
001
RECREATION REFUND
0.00
170.00
10100
118236
10/13/16
CLEARCHA
CLEAR CHANNEL OUTDOOR IN
0014095
AD-P/INFO
0.00
73.00
10100
118236
10/13/16
CLEARCHA
CLEAR CHANNEL OUTDOOR IN
0014096
AD-P/INFO
0.00
981.00
TOTAL
CHECK
0.00
1,054.00
10100
118237
10/13/16
CLIPROSE
ROSETTE CLIPPINGER
001
FACILITY REFUND-HTRGE
0.00
200.00
10100
118238
10/13/16
COFFMANC
CRAIG COFFMAN
0015350
CONTRACT CLASS -FALL
0.00
135.00
10100
118239
10/13/16
COMMDEVE
COMMUNITY DEVELOPMENT CO
125
REFUND -ADA STAR DUST
0.00
2,637.00
10100
118240
10/13/16
CONSTHAR
CONSTRUCTION HARDWARE CO
0015333
HARDWARE SUPPLIES -DBC
0.00
8,937.16
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 14-579
0.00
140.40
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 13-104
0.00
147.60
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PR 14-2548
0.00
132.48
10100
116241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 16-42
0.00
84.60
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 13-571
0.00
270.00
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 15-528
0.00
331.20
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF -SVCS -PL 13-221
0.00
340.00
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
PROF.SVCS-PL 15-395
0.00
360.00
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 13-221
0.00
61.20
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 15-395
0.00
64.80
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 13-571
0.00
48.60
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
ADMIN FEE -PL 15-528
0.00
-331.20
SUNGARD PENTAMATION INC PAGE NUMBER: 2
DATE: 10/26/2016 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:00.000' and '20161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
FUND - 001 -
GENERAL FUND
ADMIN FEE -PL 14-579
CASH ACCT CHECK NO
ISSUE IT
VENDOR
NAME
FUND/DIVISION
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001 -
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
116241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
116241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
10100
118241
10/13/16
DAVIDEVA
DAVID EVANS AND ASSOCIAT
001
TOTAL
CHECK
10100
118242
10/13/16
DENNISCA
CAROL A DENNIS
0014030
10100
118242
10/13/16
DENNISCA
CAROL A DENNIS
0015310
10100
118242
10/13/16
DENNISCA
CAROL A DENNIS
0015210
TOTAL
CHECK
10100
118243
10/13/16
DEPTOFJU
DEPARTMENT OF JUSTICE
0014060
10100
118244
10/13/16
DFSFLOOR
DFS FLOORING LP
0014093
10100
118245
10/13/16
DHMAINTE
DH MAINTENANCE
0015556
10100
118245
10/13/16
DHMAINTE
DH MAINTENANCE
0014093
10100
118245
10/13/16
DHMAINTE
DH MAINTENANCE
0015333
TOTAL
CHECK
10100
118246
10/13/16
DBCAA
DIAMOND BAR CHINESE AMER
001
1.0100
11.8246
7.0/13/16
DBCAA
DIAMOND BAR CHINESE AMER
001
TOTAL
CHECK
10100
118247
10/13/16
DIVEPRIN
DIVERSIFIED PRINTERS
0014095
10100
118247
10/13/16
DIVEPRIN
DIVERSIFIED PRINTERS
0014095
TOTAL
CHECK
10100
.118248
10/13/16
ECOFERTI
ECOFERT INC
0015556
10100
118249
10/13/16
ENNABEFA
FARES ENNABE
001
10100
118250
10/13/16
EVERENVI
EVERGREEN ENVIRONMENT IN
0015556
10100
118251
10/13/16
FILIMAUA
PATRICIA FILIMAUA
001
10100
118252
10/13/16
FRONTIER
FRONTIER COMMUNICATIONS
0014090
----DESCRIPTION----- SALES TAX
ADMIN FEE PL 13-104
0.00
ADMIN FEE -PL 14-579
0.00
ADMIN FEE -PR 14-2548
0.00
ADMIN FEE -PL 16-42
0.00
ADMIN FEE -PL 15-395
0.00
ADMIN FEE -PL 13-221
0.00
ADMIN FEE -PL 13-571
0.00
ADMIN FEE -PL 15-48
0.00
ADMIN FEE -PL 15-370
0.00
ADMIN FEE -PL 15-370
0.00
ADMIN FEE -PL 15-48
0.00
PROF.SVCS-PL 15-370
0.00
PROF.SVCS-PL 15-48
0.00
PROF.SVCS-PL 13-104
0.00
PROF.SVCS-PL. 16-42
0.00
PROF.SVCS-PR 14-2548
0.00
PROF.SVCS-PL 14-579
0.00
PROF.SVCS-PL 15-528
0.00
0.00
PROF-SVCS-SS/REG MUG
0.00
PROF.SVCS-P & R COMM
0.00
PROF.SVCS-PLNG COMM
0.00
0.00
PROF.SVCS-A/R
0.00
ADDL MAINT-SEPT 16
0.00
MONTHLY MAINT-AUG 16
0.00
MONTHLY MAINT-AUG 16
0.00
MONTHLY MAINT-AUG 16
0.00
0.00
FACILITY REFUND -DHC
0.00
FACILITY REFUND -DHC
0.00
0.00
PRINT & MAIL SVCS -SPT
0.00
PRINT & MAIL SVCS -OCT
0.00
0.
00
FERTIGATION SVCS -SEPT 0.00
REFUND -PL 2010-191 0.00
MAINT SVCS-SILVERTIP 0.00
RECREATION REFUND 0.00
PH.SVCS-SRST CH 1 0.00
AMOUNT
-147.60
-140.40
-132.48
-84.60
-64.80
-61.20
-48.60
-3.81
-3.14
3.14
3.81
17.44
21.14
820.00
470.00
736.00
780.00
1,840.00
5,654.58
225.00
100.00
50.00
375.00
32.00
550.00
735.17
6,500.00
12,250.83
19,486.00
100.00
150.00
250.00
3,741.00
3,741.00
7,482.00
290.00
10,368.25
850.00
259.00
792.09
SUNGARD PENTAMATION INC PAGE NUMBER: 3
DATE: 10/26/2016 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:00.000' and 120161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
FUND - 001 -
GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
---DESCRIPTION------
SALES
TAX
AMOUNT
10100
118253
10/13/16
FUNEXPRE
FUN EXPRESS LLC
001
USE TAX
0.00
-70.25
10100
118253
10/13/16
FUNEXPRE
FUN EXPRESS LLC
0015350
USE TAX
0.00
70.25
10100
118253
10/13/16
FUNEXPRE
FUN EXPRESS LLC
0015350
SUPPLIES -FALL FUN FST
0.00
780.51
TOTAL
CHECK
0.00
780.51
10100
118254
10/13/16
GLENNSRE
GLENN'S REFRIGERATION CO
0015556
MAINT SVCS -HERITAGE
0.00
395.00
10100
118255
10/13/16
GOODYEAR
GOOD YEAR AUTO SERVICE C
5205556
VEH MAINT-PARKS
0.00
1,434.85
10100
118256
10/13/16
GRAYBAR
GRAY13AR
0015333
SUPPLIES -DHC
0.00
829.29
10100
118257
10/13/16
HOFFMANN
HOFFMAN SOUTHWEST CORP
0014093
MAINT SVCS -LIBRARY
0.00
212.91
10100
118258
10/13/16
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0014093
SUPPLIES -CITY HALL
0.00
210.11
10100
118258
10/13/16
HOMEDEPO
HOME DEPOT CREDIT SERVIC
0015333
SUPPLIES -DBC
0.00
124.13
TOTAL
CHECK
0.00
334.24
10100
118259
10/13/16
HOUGENE
GENE HOU
001
FACILITY REFUND-S/CYN
0.00
50.00
10100
118260
10/13/16
ICGINC
ICG INC
2505310
DESIGN SVCS -LONGVIEW
0.00
987.50
10100
118261
10/13/16
INLAEMPI
INLAND EMPIRE MAGAZINE
0014095
AD -DBC
0.00
995.00
10100
118262
10/13/16
IVDB
INLAND VALLEY DAILY BULL
0014030
LEGAL ADS -SEPT 2016
0.00
2,855.52
10100
118263
10/13/16
JAMESEVE
JAMES EVENT PRODUCTION 1.
0015350
EQ RENTAL-BARKTOBER
0.00
1,500.00
10100
118264
10/13/16
KAOPEN
PEN KAO
001
FACILITY REFUND -DBC
0.00
450.00
10100
118265
10/13/16
KLEINGAB
GABRIELA KLEIN
0015350
CONTRACT CLASS -FALL
0.00
842.40
10100
118266
10/13/16
KATZOKIT
BOA CORPORATION
1165510
ENG SVCS -DB FAIRWAY
0.00
3,695.00
10100
118267
10/13/16
KWIKCOVE
KWIK COVERS
0015350
SUPPLIES-BARKTOBER
0.00
658.88
10100
11,8268
10/1.3/16
LANCESOL
LANCE, BOLL & LUNGHARD L
0014050
AUDIT SVCS-Y/END FLWK
0.00
13,266.00
10100
118269
10/13/16
LEWISENG
LEWIS ENGRAVING INC.
0014030
CITY TILE-CMGR
0.00
39.24
10100
118270
10/13/16
LINAREZM
MARIE LINAREZ
001
FACILITY REFUND -DBC
0.00
1,200.00
10100
118271
10/13/16
LOOMIS
LOOMIS
0014050
COURIER SVCS -FINANCE
0.00
474.66
10100
118271
10/13/16
LOOMIS
LOOMIS
0015333
COURIER SVCS -DBC
0.00
474.66
TOTAL
CHECK
0.00
949.32
10100
118272
10/13/16
THEKOSMO
KOSMONT & ASSOCIATES, IN
0014096
PROF.SVCS-ECO DEV
0.00
555.10
10100
118273
10/13/16
POSTNET
LW POSTNET INC
001.4095
PRINT SVCS -BANNERS
0.00
254.19
10100
118273
10/13/16
POSTNET
LW POSTNET INC
0014095
PRINT SVCS -HIP BROCHU
0.00
93.74
TOTAL
CHECK
0.00
347.93
10100
118274
10/13/16
MCECORPO
MCN CORPORATION
0015554
RIGHT-OF-WAY MAINT
0.00
2,118.96
SUNGARD PENTAMATION INC
DATE: 10/26/2016 CITY OF DIAMOND BAR
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:00.000' and '20161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
PAGE NUMBER: 4
ACCTPA21
FUND
- 001 -
GENERAL FUND
CASH ACCT
CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
----DESCRIPTION------
SALES TAX
AMOUNT
10100
118274
10/13/16
MCECORPO
MCE CORPORATION
0015554
VEGETATION CONTROL
0.00
11,531.85
TOTAL CHECK
0.00
13,650.81
10100
118275
10/13/16
MEDINABE
BENJAMIN MEDINA
001
FACILTIY REFUND -DBC
0.00
100.00
10100
118276
1.0/1.3/16
MEDINAMA
MARINA MEDINA
001
RECREATION REFUND
0.00
107.00
10100
1182.77
10/13/16
MOBILEIN
MOBILE INDUSTRIAL SUPPLY
0015556
CYLINDER ARGON
0.00
8.00
10100
118277
10/13/16
MOBILEIN
MOBILE INDUSTRIAL SUPPLY
0015556
SUPPLIES -HELIUM
0.00
93.00
TOTAL CHECK
0.00
101.00
10100
118278
10/13/16
NNWI
NATIONAL NEIGHBORHOOD WA
1264411
SIGNS-NGTHBRHD WATCH
0.00
1,434.76
10100
118279
10/13/16
NAVARETT
MINA NAVARETTE-ROWLEY
001
RECREATION REFUND
0.00
79.00
10100
118280
10/13/16
MEAD
BEAD LLC
0014095
APP MAINT-OCT-DEC 16
0.00
237.00
10100
118281
10/13/16
PPINC
PROJECT PARTNERS INC
0015551
PROD MNGMNT SVCS -SEPT
0.00
14,770.00
10100
118282
10/13/16
PSI
PROTECTION ONE INC
0015556
ALARM SVCS -HERITAGE
0.00
156.54
10100
118283
10/13/16
PYROCOMM
PYRO COMM SYSTEMS INC
0014093
ALARM SVCS -CITY HALL
0.00
135.00
10100
118284
10/13/16
QUHENGCH
HENG CHENG QU
001
FACILITY REFUND-REAGA
0.00
50.00
10100
118285
10/13/16
RAMIANNE
ANNETTE RAMIREZ
001
FACILITY REFUND-S/CYN
0.00
50.00
10100
118286
10/13/16
RAMOSOSW
OSWALDO RAMOS
001
FACILITY REFUND -DBC
0.00
400.00
10100
118287
10/13/16
REGIONAL
REGIONAL CHAMBER OF COMM
0014096
CONTRACT SVCS-JUL-SPT
0.00
3,000.00
10100
118288
10/13/16
REVENUEC
REVENUE & COST SPECIALIS
0014050
PROF.SVCS-FEE STUDY
0.00
6,500.00
10100
118289
10/13/16
SANGALAN
ANUPAM SANDAL
001
RECREATION REFUND
0.00
104.00
10100
118290
10/13/16
SGVCG
SG VALLEY COUNCIL OF' GOV
001
FACILITY REFUND -DBC
0.00
100.00
10100
118291
10/13/16
SIEMENS
SIEMENS INDUSTRY INC
0015554
TRAFFIC SIGNAL MAINT
0.00
4,215.93
10100
118291
10/13/16
SIEMENS
SIEMENS INDUSTRY INC
0015554
TRAFFIC SIGNAL MAINT
0.00
7,803.71
TOTAL CHECK
0.00
12,019.64
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015556
ELECT SVCS -PARKS
0.00
4,636.98
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015333
ELECT SVCS -DBC
0.00
8,892.49
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
99.20
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
1395539
ELECT SVCS -DIST 39
0.00
457.14
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
313.51
10100
1.18292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
1415541
ELECT SVCS -DIST 41
0.00
262.11
1.0100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS-T/CONTROL
0.00
49.59
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
62.80
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
75.69
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
855.59
10100
118292
10/13/16
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS -DIST 38
0.00
557.77
SUNGARD PENTAMATION INC
DATE: 10/26/2016 CITY OF DIAMOND BAR
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:00.000' and '20161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
PAGE NUMBER: 5
ACCTPA21
FUND - 001 -
GENERAL FUND
CASH ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES TAX
AMOUNT
TOTAL
CHECK
0.00
16,262.87
10100
118293
10/13/16
SPARKLET
SPARKLETTS
0015556
EQ RENTAL-S/CYN
0.00
12.00
10100
118293
10/13/16
SPARKLET
SPARKLETTS
0015556
SUPPLIES -WATER
0.00
- 22.47
10100
118293
10/13/16
SPARKLET
SPARKLETTS
0015556
ENERGY SURCHARGE
0.00
2.10
TOTAL
CHECK
0.00
36.57
10100
118294
10/13/16
STATEBOA
STATE BOARD OF EQUALIZAT
001
JUL-SEPT 16 SALES TAX
0.00
46.42
10100
118294
10/13/16
STATEBOA
STATE BOARD OF EQUALIZAT
001
JUL-SEPT 16 USE TAX
0.00
735.72
10100
118294
10/13/16
STATEBOA
STATE BOARD OF EQUALIZAT
001
RETROACTIVE USE TAX
0.00
2,576.86
TOTAL
CHECK
0.00
3,359.00
10100
118295
10/13/16
TASC
TASC
0014060
FLEX ADMIN SVCS
0.00
100.00
10100
118296
10/13/16
TENNISAN
TENNIS ANYONE INC
0015350
CONTRACT CLASS -FALL
0.00
4,701.20
10100
118297
10/13/16
TERRELLC
CLAUDIA THOMPSON TERRELL
001
FACILITY REFUND-HRTGE
0.00
200.00
10100
118298
10/13/16
SGVT
THE SAN GABRIEL VALLEY N
0014030
LEGAL ADS -SEPT 2016
0.00
2,578.16
10100
118299
10/13/16
THESAUCE
THE SAUCE CREATIVE SERVI
0014096
DESIGN SVCS -BANNERS
0.00
763.00
10100
118299
10/13/16
THESAUCE
THE SAUCE CREATIVE SERVI
0014096
DESIGN SVCS-DBRW
0.00
1,825.00
TOTAL
CHECK
0.00
2,588.00
10100
118300
10/13/16
THEWORKT
'THE WORKTHREAT GROUP LLC
0014060
TMT TENS & FORMS
0.00
2,000.00
10100
118301
10/13/16
URBENALE
ALEXANDRE UPPED
001
FACILITY REFUND-PNTRA
0.00
50.00
10100
118302
10/13/16
USHEALTH
US HEALTHWORKS MEDICAL G
0014060
PRE-EMPLYMNT PHYSICAL
0.00
65.00
10100
118302
10/13/16
USHEALTH
US HEALTHWORKS MEDICAL G
0014060
PRE-EMPLYMNT PHYSICAL
0.00
166.00
TOTAL
CHECK
0.00
231.00
10100
118303
10/13/16
WESTCOAS
WEST COAST ARBORISTS INC
0015558
WATERING SVCS -SEPT
0.00
720.60
10100
118303
10/13/16
WESTCOAS
WEST COAST ARBORISTS INC
0015558
MAINT SVCS -SEPT 16
0.00
4,679.18
TOTAL
CHECK
0.00
5,399.78
10100
118304
10/13/16
WORLDJOU
WORLD JOURNAL LA LLC
0014096
AD-DBRW
0.00
1,824.00
10100
118305
10/13/16
ZUMARIND
ZUMAR INDUSTRIES INC
0015554
SUPPLIES -RD MATNT
0.00
79.30
10100
118306
10/20/16
AGGCOMWE
AGRICULTURAL COM WGHTS &
0014431
COYOTE CONTROL SVCS
0.00
189.82
10100
118307
10/20/16
AJILONST
AJILON STAFFING SERVICES
0015510
TEMP SVCS -10/09/16
0.00
675.00
10100
118307
10/20/16
AJILONST
AJILON STAFFING SERVICES
0015510
TEMP SVCS -10/2/2016
0.00
800.00
TOTAL
CHECK
0.00
1,475.00
10100
118308
10/20/16
ALBERTSO
ALBF.RTSONS LLC
0015333
SUPPLIES -DBC
0.00
52.23
10100
118308
10/20/16
ALBERTSO
ALBERTSONS LLC
0015350
SUPPLIES -SR PROG
0.00
367.03
TOTAL
CHECK
0.00
419.26
10100
118309
10/20/16
APWA
AMERICAN PUBLIC WORKS AS
0015551
MEMBERSHIP FEES
0.00
230.00
SUNGARD PENTAMATION
INC
PAGE NUMBER:
6
DATE:
10/26/2016
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
10:24:08
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION CRITERIA:
transact.ck_date between '20161013 00:00:00.000'
and '20161026
00:00:00.000'
ACCOUNTING PERIOD:
4/17
FUND - 001 - GENERAL FUND
CASH ACCT CHECK NO
ISSUE IT VENDOR NAME
FUND/DIVISION
-----DESCRIPTION------
SALES
TAX
AMOUNT
10100
118310
10/20/16 AMERICOM AMERICOMP GROUP
0014070
MAINT SVCS-PRINTER
0.00
2,364.50
10100
118311
10/20/16 AMERITEC AMERITECH BUSINESS SYSTE
0014070
COPY CHRGS-SEPT 16
0.00
1,062.37
10100
118312
10/20/16 AMIRAZOD GHOLAM R AMIRAZODI
0015551
CONSULTANT SVCS-10/7
0.00
2,646.00
10100
118313
10/20/16 SANTOSAN ANTHONY SANTOS
001.4030
REIMS-NEW EMPLOYEE
0.00
53.59
10100
118313
10/20/16 SANTOSAN ANTHONY SANTOS
0014030
REIMB-CJPIA TRNG
0.00
117.12
10100
118313
10/20/16 SANTOSAN ANTHONY SANTOS
0014440
REIIMB-EMER PREP BAGS
0.00
168.83
TOTAL
CHECK
0.00
339.54
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-PETERSON
0.00
44.28
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-PETERSON
0.00
298.50
10100
118314
10/20/16 ARCHTERR ARCHIT'ERRA DESIGN GROUP
2505310
PROF.SVCS-PETERSON
0.00
1,157.50
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-PETERSON
0.00
2,100.00
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-LONGVIEW
0.00
18.79
10100
.118314
10/20/16 ARCHTERR ARCHITF.RRA DESIGN GROUP
2505310
PROF.SVCS-STARDUST
0.00
18.79
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-MINI PARKS
0.00
105.00
10100
118314
10/20/16 ARCHTERR ARCHITERRA DESIGN GROUP
2505310
PROF.SVCS-MINI PARKS
0.00
105.00
TOTAL
CHECK
0.00
3,647.86
10100
118315
10/20/16 BARLASNA NAILA MAD BARLAS
0015210
PLNG COMM-SEPT 2016
0.00
130.00
10100
118316
10/20/16 BESTLTG BEST LIGHTING PRODUCTS
0015556
SUPPLIES-PARKS
0.00
160.21
10100
118317
10/20/16 BHATIABA BASANT BHATIA
001
REFUND-EN 09-656
0.00
11,610.28
10100
118317
10/20/16 BHATIABA BASANT BHATIA
001 -
REFUND-PR 2011-261
0.00
1,323.17
TOTAL
CHECK
0.00
12,933.45
10100
118318
10/20/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER
0015556
IRRIGATION REPAIRS
0.00
308.42
10100
118318
10/20/16 VALLEYCR BRIGHTVIEW LANDSCAPE SER
0015556
;IRRIGATION REPAIRS
0.00
506.18
TOTAL
CHECK
0.00
814.60
10100
118319
10/20/16 CAJPIA CALIFORNIA JPIA
0014030
CJPIA TRNG-SANTOS
0.00
375.00
10100
118320
10/20/16 CAWATERS CALIFORNIA WATERS LLC
0015333
MAINT SVCS-UBC OCT
0.00
380.00
10100
118321
10/20/16 CARDIMAG CARD IMAGING
1125553
SUPPLIES-RIBBONS
0.00
7.00
10100
118322
10/20/16 CDW-G COW GOVERNMENT
0014070
UPC BATTERIES
0.00
294.30
10100
118323
10/20/16 REINBERG CNC PRINTWERKS
1155515
SUPPLIES-LETTERHEAD
0.00
69.76
10100
118323
10/20/16 REINBERG CNC PRINTWERKS
0014030
BUS CARDS-REC
0.00
70.85
10100
118323
10/20/16 REINBERG CNC PRINTWERKS
0014030
BUS CARDS-AEC
0.00
70.85
10100
118323
10/20/16 REINBERG CNC PRINTWERKS
0014030
BUS CARDS-REC
0.00
70.85
TOTAL
CHECK
0.00
282.31
10100
118324
10/20/16 CONSTHAR CONSTRUCTION HARDWARE CO
0015333
SUPPLIES-DBC
0.00
-453.44
10100
118325
10/20/16 DELTACAR DELTA DENTAL INSURANCE C
001
OCT 16-HMO DENTAL PRM
0.00
262.24
10100
118326
10/20/16 DENNISCA CAROL A DENNIS
0015210
PROF.SVCS-PLNG COMM
0.00
50.00
SUNGARD PENTAMATION INC PAGE NUMBER: 7
DATE: 10/26/2016 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:24:08 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between '20161013 00:00:D0.000' and '20161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
FUND
- 001 -
GENERAL FUND
DFSFLOOR
DFS FLOORING LP
0014093
CASH ACCT
CHECK NO
ISSUE DT VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION----
10100
118326
1D/20/16 DENNISCA
CAROL A DENNIS
0015210
PROF.SVCS-ADMIN REVW
TOTAL CHECK
10100
118327
10/20/16
DFSFLOOR
DFS FLOORING LP
0014093
10100
118328
10/20/16
DEMAINTE
DH MAINTENANCE
0015333
10100
118329
2.0/20/16
DKS
DKS ASSOCIATES
2505510
10100
118330
10/20/16
DUNNEDWA
DUNN EDWARDS CORPORATION
0015556
10100
118331
10/20/16
EXCELLAN
EXCEL LANDSCAPE INC
1395539
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0014093
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015333
10100
118332
10/20/16
EXTERMIN
EXTERMINETICS OF SO CAL
0015556
TOTAL
CHECK
0.00
24.32
10100
118333
10/20/16
FARAGOFR
FRANK A FARAGO
0015210
10100
118334
10/20/16
FEDEX
FEDEX
0014030
10100
118334
10/20/16
FEDEX
FEDEX
001
1.0100
118334
10/20/16
FEDEX
FEDEX
0014030
10100
118334
10/20/16
FEDEX
FEDEX
0014030
10100
118334
10/20/16
FEDEX
FEDEX
001
10100
118334
10/20/16
FEDEX
FEDEX
001
10100
118334
10/20/16
FEDEX
FEDEX
001
10100
118334
10/20/16
FEDEX
FEDEX
001
TOTAL
CHECK
0.00
1,073.00
10100
118335
10/20/16
GARCIAMO
MONIQUE GARCIA
001
10100
118336
10/20/16
GOVCONNE
GOVCONNECTION INC
0014070
10100
116337
10/20/16
GRANICUS
GRANICUS INC
0014070
10100
118338
10/20/16
H20PRESS
H2O PRESSURE WASHING INC
0014093
10100
118339
10/20/16
HILTONFA
HE & H CONSULTANTS LLC
1155515
10100
118340
10/20/16
HINDERLI
HINDERLITF,R DE LLAMAS &
0014096
10100
118341
10/20/16
INTERIOR
INTERIOR OFFICE, SOLUTION
5404093
10100
118342
10/20/16
INTESERV
INTERIOR SERVICES
0014093
10100
118342
10/20/16
INTESERV
INTERIOR SERVICES
0015333
10100
118342
10/20/16
INTESERV
INTERIOR SERVICES
0015333
PAINT SVCS -LIBRARY
ADDL MAINT-DBC
PROF -SVCS -AUG 2016
SUPPLIES -PARKS
AIDE MAINT-DIST 39
PEST CONTROL -SEPT
PEST CONTROL -SEPT
PEST CONTROL -SEPT
PEST CONTROL -SEPT
RODENT CONTROL -SEPT
RODENT CONTROL -SEPT
PEST CONTROL -SEPT
FIRE ANTS-S/CYN PK
PING COMM -SEPT 2016
EXPRESS MAIL -GENERAL
E/MAIL-PL 2015-528
EXPRESS MAIL -GENERAL
EXPRESS MAIL -GENERAL
E/MAIL-PL 2015-550
E/MAIL-PL 2015-43
E/MAIL-PL 2014-699
E/MAIL-PL 2013-221
RECREATION REFUND
SUPPLIES -WINDMILL RM
MONTHLY SVCS-NOV-JAN
MAINT SVCS -CITY HALL
PROF.SVCS-W/HAULER
PROF.SVCS-ECON DEV SV
C/HALL RENOVATION
REPAIR OF MOTORIZED
REPAIR OF MOTORIZED
MANUAL ROLLER SHADES P
SALES TAX AMOUNT
0.00
75.00
0.00
125.00
0.00
635.00
0.00
315.00
0.00
11,110.40
0.00
489.18
0.00
49.34
0.00
30.00
0.00
40.00
0.00
40.00
0.00
50.00
0.00
50.00
0.00
65.00
0.00
75.00
0.00
175.00
0.00
525.00
0.00
130.00
0.00
49.64
0.00
149.08
0.00
214.48
0.00
24.32
0.00
27.18
0.00
34.10
0.00
34.10
0.00
34.10
0.00
567.00
0.00
49.00
0.00
809.35
0.00
600.00
0.00
275.00
0.00
13,442.00
0.00
10,350.00
0.00
6,211.11
0.00
1,442.00
0.00
2,966.00
0.00
1,073.00
SUNGARD PENTAMATION INC PAGE NUMBER: 8
DATE: 10/26/2016 CITY OF DIAMOND BAR ACCTPA21
TIME: 10:24:06 CHECK REGISTER - DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck_date between 120161013 00:00:00.000' and '20161026 00:00:00.000'
ACCOUNTING PERIOD: 4/17
--DESCRIPTION------ SALES TAX
REPAIR OF MANUAL ROLLE
FUND - 001 -
GENERAL FUND
0.00
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
10100
118342
10-/20/16
INTESERV
INTERIOR SERVICES
0015333
TOTAL
CHECK
0.00
CONTRACT CLASS -FALL
0.00
10100
118343
10/20/16
KATZOKIT
KOA CORPORATION
0015554
101.00
118344
10/20/16
LOPEZALF
ALFA LOPEZ
0014096
10100
118344
10/20/16
LOPEZALF
ALFA LOPEZ
0014096
10100
118344
10/20/16
LOPEZALF
ALFA LOPEZ
001
TOTAL
CHECK
0.00
SUPPLIES-CMGR
0.00
10100
118345
10/20/16
MAGICALS
MAGICAL STEPS ACADEMY
0015350
10100
118346
10/20/16
MAHLKEJE
JENNIFER LYNN MAHLKE
0015210
10100
118347
10/20/16
MALDGEOR
GEORGINA MALDONADO
001
10100
118348
10/20/16
MERCURYD
MERCURY DISPOSAL SYSTEMS
1155515
10100
118348
10/20/16
MERCURYD
MERCURY DISPOSAL SYSTEMS
1155515
TOTAL
CHECK
0.00
EQ RENTAL-SUMMITRIDGE
0.00
10100
118349
10/20/16
MOKKENNE
KENNETH MON
0015210
10100
118350
10/20/16
MOONEYMA
MARLENE RAMIREZ MOONEY
0015350
10100
118351
10/20/16
NEXUSIS
NEXUS IS INC
0014070
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0015210
10100
11.8352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0014030
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0015333
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0015350
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0015510
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0014050
10100
118352
10/20/16
OFFICESO
OFFICE SOLUTIONS
0014095
TOTAL
CHECK
10100
118353
10/20/1.6
ONWARDEN
ONWARD ENGINEERING
2505510
10100
1,18354
10/20/16
OCBM
ORANGE COUNTY BRIDE MAGA
0014095
10100
118355
10/20/16
PINEDALI
LIZETTE PINEDA
0015350
10100
118356
10/20/16
PSI
PROTECTION ONE INC
0014093
10100
118357
10/20/16
PUBLICST
PUBLIC STORAGE #23051
0014030
10100
118358
10/20/16
SOCALSAN
SO CAL INDUSTRIES
0015556
10100
118358
10/20/16
SOCALSAN
SO CAL INDUSTRIES
0015556
TOTAL
CHECK
10100
118359
10/20/16
SCAQMD
SO COAST AIR QUALITY MGT
0014030
10100
118360
10/20/16
SOCIALVO
SOCIAL VOCATIONAL SERVIC
0015558
--DESCRIPTION------ SALES TAX
REPAIR OF MANUAL ROLLE
0.00
0.00
TRFFC MGMT-MAY-SEPT
0.00
REIMB-PUMPKIN PATCH
0.00
USE TAX
0.00
USE TAX
0.00
0.00
CONTRACT CLASS -FALL
0.00
PLNG COMM -SEPT 2016
0.00
FACILITY REFUND -DBC
0.00
RECYCLING SVCS-C/HALL
0.00
RECYCLING SVCS -ACE
0.00
0.00
PLNG COMM -SEPT 2016
0.00
CONTRACT CLASS -FALL
0.00
SECURITY CAMERA-CHALL
0.00
SUPPLIES-PLNG
0.00
SUPPLIES-CMGR
0.00
SUPPLIES -DBC
0.00
SUPPLIES-REC
0.00
SUPPLIES-P/WORKS
0.00
SUPPLIES -FINANCE
0.00
SUPPLIES-P/INFO
0.00
0.00
DESIGN & CNSTRCTN
0.00
AD -BRIDAL SHOW DEC
0.00
CONTRACT CLASS -FALL
0.00
ALARM SVCS -CITY HALL
0.00
STORAGE RENTAL-NOV 16
0.00
EQ RENTAL-SUMMITRIDGE
0.00
MEMO CREDIT
0.00
0.00
FACILITY RENTAL-NOV 0.00
MAINT & LITTER REMOVA 0.00
U uIQiflY1
1,616.00
7,297.00
2,625.00
217.71
3.32
-3.32
217.71
370.80
130.00
400.00
132.68
940.31
1,072.99
130.00
435.60
1,050.00
674.86
935.40
1,319.98
184.74
193.85
87.73
93.70
3,490.26
21,732.50
2,900.00
120.00
27.85
350.00
287.12
-170.40
116.72
2,262.81
2,181.04
SUNGARD PENTAMATION
INC
PAGE NUMBER:
DATE:
10/26/2016
CITY OF
DIAMOND BAR
ACCTPA21
TIME:
10:24:08
CHECK REGISTER
- DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between '20161013 00:00:00.000'
and '20161026
00:00:00.000'
ACCOUNTING
PERIOD:
4/17
FUND - 001 - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES
TAX
AMOUNT
10100
118361
10/20/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
423.18
10100
118361
10/20/16
SCE
SOUTHERN CALIFORNIA EDIS
1385538
ELECT SVCS-DIST 38
0.00
26.02
10100
118361
10/20/16
SCE
SOUTHERN CALIFORNIA EDIS
0015510
ELECT SVCS-T/CONTROL
0.00
183.25
TOTAL
CHECK
0.00
632.45
10100
118362
10/20/16
SPARKLET
SPARKLETTS
0014030
WATER SUPPLIES-C/HALL
0.00
211.42
10100
118362
10/20/16
SPARKLET
SPARKLETTS
0014030
EQ RENTAL-SEPT/OCT
0.00
2.99
TOTAL
CHECK
0.00
214.41
10100
118363
10/20/16
STERICYC
STERICYCLE INC
1155515
WASTE SVCS-DBC
0.00
290.40
10100
118364
10/20/16
TAMANGEL
TAMANG ELECTRIC INC
2505310
CONSTRUCTION-DBC
0.00
27,490.00
10100
118364
10/20/16
TAMANGEL
TAMANG ELECTRIC INC
250
RETENTIONS .PAYABLE
0.00
-1,374.50
TOTAL
CHECK
0.00
26,115.50
10100
118365
10/20/16
TELEPACI
TELEPACIFIC COMMUNICATIO
0014070
T1 INTERNET SVCS-OCT
0.00
858.52
10100
118366
10/20/16
THECOND)Y
THE COMDYN GROUP INC
0014070
CONSULTING SVCS-9/30
0.00
3,197.70
10100
118367
10/20/16
EDGAR
THE GAS COMPANY
0015556
GAS SVCS-CITY HALL
0.00
735.12
10100
118368
10/20/16
THESTANE
THE STANLEY LOUIS COMPAN
0015333
MAINT SVCS-DBC
0.00
448.19
10100
118369
10/20/16
ADELPHIA
TIME WARNER CABLE
0014070
INTERNET SVCS-COPLEY
0.00
1,040.00
10100
118370
10/20/16
RITATORR
RITA TORRES
0014050
REIMB-GRANT TRNG
0.00
86.83
10100
118371
10/20/16
TUCKERRA
RAYMOND MICHAEL TUCKER
0015350
CONTRACT CLASS-FALL
0.00
300.00
10100
118372
10/20/16
UNITEDDA
UNITED DATA SERVICES INC
0014070
OFF-SITE STORAGE-I.T.
0.00
568.50
10100
118373
10/20/16
VANTAGEP
VANTAGEPOINT TENSER AGNT
001
10/21/2016-LOAN DEDUC
0.00
3,062.81
10100
118373
10/20/16
VANTAGEP
VANTAGEPOINT TRNSFR AGNT
001
10/21/16-P/R REDUCTIO
0.00
5,681.14
TOTAL
CHECK
0.00
8,743.95
10100
118374
10/20/16
VIDIFLOL
VIDIFLO LLC
1354095
VIDIFLO DEP-P/INFO
0.00
1,687.85
10100
118375
10/20/16
VISTAPOI
VISTA POINTE
0014030
NEW EMPL WELCOME BRFT
0.00
164.05
10100
118376
10/20/16
GRAINGER
W.W. GRAINGER INC.
0015556
SUPPLIES-PARKS
0.00
127.93
10100
118377
10/20/16
WESTERNA
WESTERN AUDIO VISUAL COR
0015333
PRSCTR A SCRN-DBC
0.00
45,260.89
10100
118378
10/20/16
WOLFERAY
RAYMOND WALTER WOLFE
0015210
PING COMM-SEPT 2016
0.00
65.00
10100
118379
10/20/16
WONGTHOM
THOMAS WONG
0015350
CONTRACT CLASS-FALL
0.00
144.00
10100
PP22/16
10/20/16
PERSRETI
PERS RETIREMENT FUND
001
RETIRE CONTRIB-PEPRA
O.DO
559.45
10100
PP22/16
10/20/16
PERSRETI
PERS RETIREMENT FUND
001
RETIRE CONTRIB-EE
O.DO
26,198.53
10100
PP22/16
10/20/16
PERSRETI
PERS RETIREMENT FUND
001
SURVIVOR BENEFIT
0.00
45.57
TOTAL
CHECK
0.00
26,803.55
9
SUNGARD PENTAMATION
INC
DATE:
10/26/2016
CITY OF DIAMOND BAR
TIME:
10:24:08
CHECK
REGISTER - DISBURSEMENT
FUND
SELECTION
CRITERIA:
transact.ck_date
between 120161013
00:00:00.000' and '20161026
00:00:00.000'
ACCOUNTING PERIOD:
4/17
FUND - 007. - GENERAL FUND
CASH
ACCT CHECK NO
ISSUE DT
VENDOR
NAME
FUND/DIVISION
-----DESCRIPTION------
SALES
TAX
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
001
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
112
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
113
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
115
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
138
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
139
P/R TRANSFER-22/PP
16
0.00
10100
22 -PP 16
10/20/16
PAYROLL
PAYROLL TRANSFER
141
P/R TRANSFER-22/PP
16
0.00
TOTAL
CHECK
0.00
10100
PP 22/16
10/20/16
PERSRETI
PERS RETIREMENT
001
RETIRE CONTRIB-PEPPA
0.00
10100
PP 22/16
10/20/16
PERSRETI
PERS RETIREMENT
001
RETIRE CONTRIB-EE
0.00
10100
PP 22/16
10/20/16
PERSRETI
PERS RETIREMENT
001
SURVIVOR BENEFIT
0.00
TOTAL
CHECK
0.00
10100
PP22/16-
10/20/16
BENESYST
BENESYST
001
FLEX SPENDING MED
& CH
0.00
TOTAL CASH ACCOUNT 0.00
TOTAL FUND 0.00
TOTAL REPORT 0.00
PAGE NUMBER: 10
ACCTPA21
AMOUNT
164,509.50
3,301.32
3,833.08
10,616.86
960.01
480.01
480.01
184,180.79
191.06
229.42
8.00
428.48
901.90
680,422.46
680,422.46
680,422.46
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
TITLE: Treasurer's Statement — Septemb r 2016
RECOMMENDATION:
Approve the September 2016 Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6 .
Meeting Date: Nov.
5
1, 2016
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the cash balances with a breakdown of various
investment accounts and the yield to maturity from investments. This statement also includes an
investment portfolio management report which details the activities of investments. All investments
have been made in accordance with the City's Investment Policy.
PREPARED BY:
Susan Full, Senior Accountant
REVIEWED BY
Dianna Honeywell, finance Director 4
Attachments:
Treasurer's Statement, Investment Portfolio Report
CITY OF DIAMOND BAR - CITY TREASURER'S REPORT
CASH BALANCE AS OF SEPTEMBER 30, 2016
BEGINNING CASH BALANCE $32,018,865.70
CASH RECEIVED
Cash Receipts $1,831,923.80
Total Cash Received
($410,669.37)
$1,831,923.80
$52,315.82
Change Fund
$33,850,789.50
EXPENDITURES
$500.00
Parking Account Minimum
Checks Written
($1,931,146.94)
$28.77
Payroll & Pers Transfers
(496,287.82)
Total Active Funds
Wire Transfers
0.00
Returned Checks
0.00
Local Agency Investment Fund
Charge Card Fees & Other Adjustments
(4,400.22)
$1,007,753.56
Total Expenditures
$10,794,668.59
($2,431,834.98)
CASH BALANCE AS OF: SEPTEMBER 30, 2016
Municipal Bonds
$31,418,954.52
TOTAL CASH BREAKDOWN
Active Funds
General Account
($410,669.37)
Payroll Account
$52,315.82
Change Fund
$1,400.00
Petty Cash Account
$500.00
Parking Account Minimum
$250.00
Cash With Fiscal Agent
$28.77
Amount Unamortized on Investments
($56,912.02)
Total Active Funds
($413,086.80)
Investment Funds:
Federal Credit Union
$248,000.00
Local Agency Investment Fund
$4,536,697.47
Corporate Notes
$1,007,753.56
Federal Agency Callable
$10,794,668.59
Bank Negotiable CDs
$9,280,228.25
Municipal Bonds
$5,059,261.62
Wells Fargo Advantage Money Market Fund
$905,431.83
Total Investment Funds
31,832,041.32
CASH BALANCE AS OF: SEPTEMBER 30, 2016 $31,418,954.52
FY2016-17 Year -To -Date Effective Rate of Return 1.39%
FY2016-17 Year -To -Date Interest Earnings $114,846.17
FY2016-17 Budgeted Annual Interest Earnings $330,200.00
CITY OF DIAMOND BAR
INVESTMENT PORTFOLIO SUMMARY REPORT
for the Month of September 30, 2016
INVESTMENTS
BOOK VALUE
PERCENT OF
PORTFOLIO
TERM
DAYS TO
MATURITY
YIELD TO
MATURITY
Federal Credit Union CD
$248,000.00
0.78%
1,827
1,578
2.050
Local Agency Investment Fund
$4,536,697.47
14.25%
1
1
0.634
Corporate Notes
$1,007,753.56
3.17%
1811
1673
1.719
Federal Agency Issues - Callable
$10,794,668.59
33.91%
1,605
231
1.266
Negotiable CD's - Banks
$9,280,228.25
29.15%
1,702
1,095
1.682
Municipal Bonds
$5,059,261.62
15.89%
1,506
1,330
1.946
Wells Fargo Sweep Account
$905,431.83
2.84%
1
1
0.010
Total Investments and Averages
31,832,041.32
100.00%
1,351
674
1.390
TOTAL INTEREST EARNED
f
sI certify that this report accurately reflects all City pooled investments
es DeStefano - 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.
10/26/2016
Date
MONTH ENDING
September 30, 2016
$39,391.94
FISCAL YEAR-TO-DATE
2016-17
$114,846.17
Page 1
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tt
CITY COUNCIL
Agenda 466
aU
Meeting Date: November], 2016
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: 1. AN ORDINANCE OF THE ITY OF DIAMOND BAR AMENDING
FOLLOWING SECTIONS OF TITLE 5 OF THE MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSING, MASSAGE
ESTABLISHMENTS, AND MASSAGE TECHNICIANS: 5.00.080;
5.04.010; 5.04.020; 5.04.050; 5.04.060; 5.04.070; 5.04.080;
5.04.100; 5.04.110; 5.04.130; 5.04.140; 5.08.010; AND 5.08.070.
2. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF
TITLE 22 OF THE MUNICIPAL CODE PERTAINING TO THE
PERMISSIBLE LOCATIONS AND PERMIT REQUIREMENTS FOR
MASSAGE ESTABLISHMENTS AND TATTOO PARLORS.
I_1�7�[H_1►1�i
PROJECT LOCATION
RECOMMENDATION:
City of Diamond Bar
Citywide
Approve for Second Reading by Title only, Waive full reading of Ordinance No.
06(2016) and Ordinance No. 07(2016) and adopt.
FINANCIAL SUMMARY:
None.
BACKGROUND:
On October 18, 2016, the City Council conducted a public hearing and approved for first
reading of Ordinance No. 06(2016) to amend Title 5 of the Municipal Code to establish
new business licensing regulations pertaining to massage establishments and their
operations. The proposed amendments to Title 5 would also authorize the Community
Development Director to revoke or modify business licenses, subject to appeal to the
City Manager. During the hearing, the following revision was made to Ordinance No.
06(2016) in response to the public comments received: Section 5.08.070 (i)(4)(d) was
changed to require the name and photograph of the on -duty manager to be provided in
a personnel register in accordance with 5.08.070 (i)(3)(c), instead of being required to
be displayed in a conspicuous public place in the lobby of the massage establishment.
The City Council also approved for first reading of Ordinance No. 07(2016), which would
amend Title 22 (Development Code), and would restore Diamond Bar's authority to
require approval of a conditional use permit (CUP) prior to the licensing of any new
massage establishment proposed within the City. The proposed Development Code
Amendment would also amend the City's regulations pertaining to tattoo parlors in order
to conform to current case law.
The Council approved the first reading by 5-0 vote.
Prepared by:
Mayuko Nakajima
Associate Planner
Reviewed by:
Greg Gubma , AICP
Community Development Director
Attachments:
Reviewed by:
Gr Lee
Senior Planner
1. CC Staff Report Dated October 18, 2016
2. Ordinance No. 06(2016)
3. Ordinance No. 07(2016)
MCA AND DCA PL2015-205 - SECOND READING Page 2
CITY COUNCIL
ATTACHMENT 1
Agenda 4 7. la&b
Meeting Date: October 18, 2016
AGENDA REPORT
TO: Honorable Mayor and Membq:rsQf the City Council
VIA: James DeStefano, City Mao r
TITLE: ORDINANCE NO. XX(2016) OF THE CITY OF DIAMOND BAR AMENDING
DIAMOND BAR MUNICIPAL CODE SECTIONS 5.00.080, 5.04.010, 5.04.020,
5.04.050, 5.04.060, 5.04.070, 5.04.080, 5.04.100, 5.04.110, 5.04.130, 5.04.140,
5.08.010, 5.08.070 OF TITLE 5 (BUSINESS LICENSING) PERTAINING TO
BUSINESS LICENSING, MASSAGE ESTABLISHMENTS, AND MASSAGE
TECHNICIANS; AND ORDINANCE NO. XY(2016) AMENDING SECTIONS
22.10.030, 22.30.040, 22.42.020 AND 22.80.020 OF TITLE 22
(DEVELOPMENT CODE) PERTAINING TO THE PERMISSIBLE LOCATIONS
AND PERMIT REQUIREMENTS FOR MASSAGE ESTABLISHMENTS AND
TATTOO PARLORS
APPLICANT: City of Diamond Bar
RECOMMENDATION:
Approve for First Reading by title only, waive full reading, and schedule Second Reading for
November 1, 2016.
FINANCIAL IMPACT:
None.
SUMMARY:
The proposed ordinance amending Title 5 of the Municipal Code would establish new
business licensing regulations pertaining to massage establishments and their operations.
The proposed amendments to Title 5 would also authorize the Community Development
Director to revoke or modify business licenses, subject to appeal to the City Manager.
The proposed amendments to Title 22 (Development Code) would restore Diamond Bar's
authority to require approval of a conditional use permit (CUP) prior to the licensing of any
new massage establishment proposed within the City. The proposed Development Code
Amendment would also amend the City's regulations pertaining to tattoo parlors in order to
conform to current case law.
1195312.1
BACKGROUND:
Reaulatory Histor
Prior to January 1, 2009, cities and counties were able to regulate all massage
establishments by imposing land use and business licensing controls to address local
concerns associated with these businesses. Regulations focused largely on efforts to
prevent the establishment of fronts for prostitution and other illicit activities. Diamond Bar
required each proposed massage establishment to obtain approval of a CUP from the
Planning Commission, and all owners and technicians to undergo background investigations
prior to obtaining business licenses. Moreover, the City required adherence to strict attire,
sanitary and business hour requirements.
In recent years, legitimate, and often upscale, franchise massage businesses have risen in
prominence, and have sought to improve the public's perception of the massage industry by
lobbying for the creation of a certification process which demands that massage practitioners
are held to high professional standards. Their lobbying efforts led to the Governor's signing
of SB 731, which went into effect on January 1, 2009. The League of California Cities
described SB 731 as an effort "to professionalize the (massage) industry by creating uniform
standards for massage practitioners and therapists, with the idea that the massage industry
should be treated 'no better and no worse' than any other professional service provider."' In
2010, the Governor signed AB 619, which clarified the scope and applicability of specified
provisions of SB 731.
SB 731 and AB 619 established a voluntary certification process for massage professionals,
and provided for the creation of a new non-profit corporation, the California Massage Therapy
Council ("CAMTC"), to administer the certification process. Under specified circumstances,
these laws also preempted cities and counties from imposing many of their land use controls
pertaining to the regulation of massage establishments. Specifically, these laws mandated
that a local agency's regulation of massage establishments "shall be no different than the
requirements that are uniformly applied to all other individuals and businesses providing
professional services," provided that such massage establishments are either owned by
CAMTC-certified massage professionals, or employ only CAMTC-certified massage
professionals. In doing so, these laws prohibited Diamond Bar and all other California
jurisdictions from imposing regulations on CAMTC-certified massage establishments which
were more restrictive than the regulations imposed on medical practitioners, attorneys,
insurance agents, real estate agents, financial planners, or any other type of professional
service provider.
Since the enactment of SB 731 and AB 619, jurisdictions have seen an increase in the
number of massage establishments as a whole, as well as an increase in illicit massage
establishments engaging in prostitution and human trafficking. The increase in such illicit
activity is, in staffs opinion, largely due to lack of local control in the permitting of such uses,
as well as fundamental flaws in CAMTC's organizational structure, certification criteria and
enforcement practices. San Gabriel, Huntington Beach and many other cities have
experienced an alarming increase in massage establishments, which in turn have placed
1 Western City, March 2014, pp. 10-11 (westerncity.com)
1195312.1
increased burdens on their law enforcement agencies.2 Diamond Bar saw its number of
massage establishments increase from four to 15. Moreover, the City was compelled to
permit at least seven massage establishments to open simply on the basis that the owners
and/or massage technicians were CAMTC certified. Assemblywoman Susan Bonilla
described SB 731 and AB 619 as laws "that had serious unintended consequences, with bad
actors masquerading as legitimate massage professionals exploiting loopholes in current law
to insulate themselves against the ability of local governments and law enforcement to shut
them down."
In response to the rapid proliferation of massage establishments and the impacts directly
associated with them, cities, counties, elected representatives, law enforcement agencies
and the League successfully advocated for more carefully crafted legislation. On
September 18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its
effective date of January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new law
restores significant local land use authority over massage establishments by removing SB
731's broad state preemption of local massage ordinances and gives local governments
greater authority to enact reasonable regulations to manage massage establishments in the
best interests of the individual community, including restoring the authority to impose
regulations on massage establishments that do not apply to other professional service
providers. While the CAMTC andsthe voluntary certification provisions remain intact, there
were a number of important changes, including the restoration of local land use authority to
regulate massage establishments separately from the manner in which they regulate other
professional service providers.
AB 1147 further mandates significant reforms to the organization and composition of the
CAMTC Board to include representatives from the League, the California State Association of
Counties, and the California Police Chiefs Association.
Objectives
AB 1147 went into effect on January 1, 2015. Generally, by dividing responsibility for
massage regulation between the State (regulating the certification of massage professionals
through CAMTC) and local governments (regulating massage businesses through their land -
use authority and business licensing regulations), AB 1147 closed the gap in existing law.
Pursuant to state law, CAMTC can regulate massage technicians in order to protect the
public. Local governments can regulate businesses through their land -use authority. A
discretionary permit, such as a CUP, enables local governments to place conditions on the
business to ensure that the massage establishment will be operated in its intended manner.
Interim Urgency Ordinances/Moratorium
On January 6, 2015, immediately following the passage of AB 1147, the City Council adopted
Interim Urgency Ordinance No. 02 (2015), placing a temporary ban on the establishment,
expansion or relocation of massage establishments Citywide. The interim urgency ordinance
was adopted to allow staff to study AB 1147, and draft amendments to the Diamond Bar
2md,p.II
1195312.1
Municipal Code pertaining to the regulation of massage establishments that are consistent
with the new law. The ordinance was subsequently extended to provide staff with additional
time to study the matter. The moratorium is set to expire on January 4, 2017.
City staff, in cooperation with the Sheriff's Department and the City Attorney's Office, used
this time period to research and develop an ordinance that administers reasonable
regulations to manage massage establishments in the best interests of the community.
ANALYSIS:
Adoption Process
The proposed regulations require amendments to both Title 5 (Business Licensing) and Title
22 (Development Code) of the Diamond Bar Municipal Code ("DBMC"). Ordinances
amending Title 5 are sent directly to the City Council. Amendments to the Development Code
must first be heard by the Planning Commission, which then forwards its recommendations to
the Council.
Planning Commission Review
On September 13, 2016, after conducting a duly noticed public hearing, the Planning
Commission recommended by a 5-0 vote, that the City Council adopt the attached ordinance
amending Title 22. The staff report and meeting minutes are also attached to this report. No
issues or objections were raised by the public during the hearing.
Proposed Municipal Code Amendments (Title 5 — Business Licensing)
Section 5.00.080 — Temporary license
Although not directly related to massage establishments, staff recommends that this section
be deleted. The section provides for the granting of a business license pending Planning
Commission action on a CUP request for the proposed use. This section conflicts with the
Development Code and should be removed.
Section 5.04.010 — Investigation of specific businesses
Pursuant to limitations imposed by AB 1147, this section is proposed to be amended to
remove acupressure and massage technicians from the list of business types that are subject
to investigation and criminal background checks. The CAMTC investigates an individual
technician's background, including, but not limited to, convictions of any felony,
misdemeanor, infraction, unprofessional conduct, etc., as part of its certification process.
Pursuant to the proposed amendments to Section 5.08.070, only CAMTC-certified
technicians would be authorized to work in Diamond Bar. Although individual technicians
would not be subject to City -conducted background investigations, the City would still perform
background checks on owners and operators of massage establishments.
Section 5.04.020 and 5.04.050 — Background Check
Applications requiring background checks currently inquire if the applicant has been
convicted of any crimes within the last five years. This requirement would be revised to ten
years. For consistency, Section 5.04.050 (Grounds for denial of business license) is also
1195312.1
proposed to be revised from five years to ten years for criminal convictions. In comparison
with other cities, eight to ten years is standard.
Sections 5.04.060, 5.04.080, 5.04.100, 5.04.130 - Appeals
Currently, the City Council is designated to hear appeals of staff decisions pertaining to
business licenses. This section is proposed to be modified to designate the City Manager as
the final arbiter on business license appeals.
Section 5.04.070 — Requests by licensees to amend business licenses
Currently, only the City Council may modify conditions imposed on a business license. Since
it is the Community Development Director that imposes conditions on business licenses to
begin with, Staff is proposing that this section be amended to also allow the Community
Development Director to modify those conditions upon request where the original reasons for
imposing the conditions no longer exist.
Section 5.04. 110 - Modification, suspension or revocation
Currently, only the City Council may revoke or modify a business license. Consistent with
other proposed amendments, Staff is proposing that the Community Development Director be
authorized to modify, suspend, or revoke a business license, with appeal to the City
Manager.
Section 5.04.140 - Grounds for revocation of business license
Staff is proposing that the list of grounds justifying suspension or revocation of a business
license be amended to include the making of false statements on the business license
application and the finding of any grounds or circumstances that would have justified denial of
the business license application in the first place.
Section 5.08.010 — Acupressure
The current definition of "Acupressure" is proposed to be deleted because acupressure would
now fall within the proposed new definition of "massage."
Section 5.08.070 — Massage establishments and massage technicians
The proposed changes relating to the regulation of massage establishments are intended to
be consistent with AB 1147 and include:
• Adding a findings and purpose section;
• Adding an exceptions provision for state -licensed professionals including, but not
limited to, physicians, acupuncturists, nurses, and cosmetologists;
• Adding, amending, and updating definitions;
• Adding a CAMTC Certification requirement for any employees providing massage
services;
• Revising and adding to the application requirements, including a provision that a
business license and CUP application shall be filed concurrently for a new massage
establishment;
• Adding grounds for denial of a massage establishment business license; and
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• Adding to operational requirements including:
o Amending building and facility as well as maintenance requirements;
o Maintenance of personnel lists and making such lists readily available for
inspection by public officials;
o Adding to hours of operation and posting requirements, including minimum
signage or menu requirements for services offered and associated pricing
information;
o Adding a prohibited conduct section; and
c Adding a provision for inspections.
Prior to opening a new massage establishment, all business operators will be required to
obtain a CUP, a business license for the proposed establishment and complete a successful
background check. Where a massage establishment is owned by a corporation, limited
liability company or partnership (e.g. Massage Envy), background checks will only be
required for those individuals directly involved in the operation of the massage establishment.
The following chart outlines requirements for all persons affiliated with a massage
establishment.
Proposed Municipal Code Amendments (Title 22 — Development Code)
Section 22.10.030 — Commercial/industrial district land uses and permit requirements
(Tables 2-5 and 2-6)
o Massage Establishments
As stated above, when SB 731 became effective, the City was forced to exempt CAMTC-
certified massage establishments from its CUP requirements. The proposed changes to
Title 22 reinstate the CUP requirements, and massage establishments will be limited to the
C-2 (Community Commercial) and C-3 (Regional Commercial) zones with the approval of a
CUP. Attachment 7 identifies properties within the City that are zoned C-2 and C-3.
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pp
e F� As-� m 4., .��
5'% b p .. i •
d
� p �� �W�
Owners/Operators
Yes Yes, for
No
Yes
establishment
Managers
No No
No
Yes
(if not an Operator)
Massage Technicians
No No
Yes
No
(Practitioners & Therapists)
Employees not providing
No No
No
No
massage services
Proposed Municipal Code Amendments (Title 22 — Development Code)
Section 22.10.030 — Commercial/industrial district land uses and permit requirements
(Tables 2-5 and 2-6)
o Massage Establishments
As stated above, when SB 731 became effective, the City was forced to exempt CAMTC-
certified massage establishments from its CUP requirements. The proposed changes to
Title 22 reinstate the CUP requirements, and massage establishments will be limited to the
C-2 (Community Commercial) and C-3 (Regional Commercial) zones with the approval of a
CUP. Attachment 7 identifies properties within the City that are zoned C-2 and C-3.
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Massage establishments are proposed to be limited to the C-2 and C-3 zones because these
zoning districts provide for a wider range of personal service-oriented commercial businesses
and are usually located along major activity corridors. It is proposed that new massage
establishments not be permitted in the C-1 (Neighborhood Commercial) zone because many
C-1 areas are limited in service uses and generally have earlier closing hours.
o Tattoo Parlors
Staff recommends that the process of amending the City's massage regulations be used as
an opportunity to concurrently revise the land use provisions for tattoo parlors so that they are
consistent with recent case law.
Presently, there are no tattoo parlors located in the City. However, tattoo parlors are
currently listed as a subcategory of "personal services" and as a use permitted with a
Conditional Use Permit in the OP (Office, Professional), OB (Office, Business), CO
(Commercial Office), C-1, C-2 and C-3 zones. Conditional Use Permit requirements have
been applied to tattoo parlors in recognition of their potential to result in secondary negative
impacts, such as an increase in crime and the sale of drugs immediately surrounding tattoo
parlors and the impairment of the market values and aesthetic and visual qualities of the
properties adjacent to tattoo parlors.
In 2010, the 9th Circuit Court of Appeal ruled, in Anderson v. City of Hermosa Beach, that the
City of Hermosa Beach's total prohibition on the establishment and operation of tattoo parlors
within the city was unconstitutional, and that cities may only impose reasonable "time, place,
and manner" regulations on such activities. The Ninth Circuit held, as a matter of first
impression, that a tattoo itself, the process of tattooing, and the business of tattooing are pure
forms of expression fully protected by the First Amendment to the United States Constitution,
and that the City of Hermosa Beach's total ban on tattoo parlors was not a reasonable "time,
place, or manner" restriction. The 11th Circuit recently reached a similar conclusion in
Buehrie v. City of Key West. The City's current zoning regulations, which apply a conditional
use permit requirement to all tattoo parlors seeking to locate in the City, could be called into
question in light of these recent decisions. Therefore, staff is proposing that tattoo parlors be
permitted by right in the C-3 zone, but be prohibited in all other zoning districts in the City.
The C-3 zone was chosen because properties under this designation are located on major
intersections within the City and are near other service-oriented uses. Staff believes that the
C-3 zoning district affords sufficient opportunities should a tattoo parlor seek to locate in the
City in the future.
Section 22.30.040 — Number of parking spaces required
A minor terminology clarification in Table 3-10 is proposed. No substantive changes to the
parking requirements for personal services are proposed.
Section 22.42.020 — Adult-oriented businesses
The term "massage parlor" is proposed to be removed from the minimum location/separation
requirements for adult-oriented businesses. AB 1147 prohibits jurisdictions from defining a
massage establishment as adult entertainment, or otherwise regulating a massage
establishment as adult entertainment.
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Section 22.80.020 — Definitions of specialized terms and phrases
A definition for the term "massage establishment" is proposed to be added. The proposed
new definition would simply refer the reader back to the definition of "massage establishment"
in Title 5. The term "acupressure" is proposed to be removed from the "personal services"
definition, as this type of service is proposed to now be subsumed within the definition of
"massage establishment." Finally, the term "massage therapy" is proposed to be changed to
"massage" for consistency purposes.
Existina Massaae Establishments
There are currently 10 permitted massage establishments operating in the City. Nine of
these 10 massage establishments are located in either a C-2 or C-3 zone (the massage
establishment at 2707 S. Diamond Bar #101 is located in the Office Park (OP) zone), but only
two currently possess a CUP. Thus, upon adoption of the proposed Development Code
amendments, eight of the existing massage establishments will be considered "legal
nonconforming" uses pursuant to Chapter 22.68 (Nonconforming Uses, Structures, and
Parcels) of the Diamond Bar Municipal Code and will be entitled to continue to operate at
their existing locations without a CUP so long as the massage establishment use is not
enlarged. Attachment 6 lists the existing 10 massage establishments in operation.
Public Comments Received
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
The City has determined that the proposed Code Amendments are not subject to the
California Environmental Quality Act ("CEQA") because it can be seen with certainty that the
proposed Code Amendments will not result in a direct or reasonably foreseeable indirect
physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this
Ordinance is covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment (Section 15061(b)(3) of the
CEQA Guidelines) and does not apply to organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines). The proposed Amendments to Title 5 merely
revise and update businesses licensing regulations and operational requirements for
massage establishments. The proposed Development Code Amendment merely limits the
zoning districts in the City in which massage establishments and tattoo parlors may be
located and establishes permitting requirements for these uses, but does not expand the
areas in the City in which such uses may be established. The changes provide the City with
the authority to better regulate these businesses, and the regulatory changes will not create
any environmental impact. Therefore, no further environmental review is required.
1195312.1
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the Inland Valley Daily Tribune and San Gabriel
Valley Tribune newspapers on October 7, 2016, in a 1/8 page display, and mailed to all
existing massage establishments. Pursuant to Planning and Zoning Law Government Code
Section 65091(a)(4), if the number of property owners to whom a public hearing notice would
be mailed is greater than 1,000, a local agency may provide notice by placing a display
advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the
public notice was also posted at the City's three designated community posting sites.
RECOMMENDATION:
Staff recommends that the City Council introduce and conduct the First Reading of
Ordinances No. XX (2016) (Attachment 1) and No. XY (2016) (Attachment 2).
Prepared by:
Mayuko Nakajima
Associate Planner
Reviewed by: J
Greg Gubman, AICP
Community Development Director
Attachments:
Reviewed by:
Gra . Lee
Senior Planner
1. Draft Ordinance No. XX (2016) (Title 5 — Business Licensing)
2. Draft Ordinance No. XY (2016) (Title 22 — Development Code)
3, Planning Commission Staff Report (attachments not included)
4. Planning Commission Meeting Minutes Dated September 13, 2016
5. Planning Commission Resolution No. 2016-23 Recommending Approval of DCA
6. List of Existing Massage Establishments
7. Map of C-2 and C-3 Zoning Districts
1195312.1
ATTACHMENT 1
ORDINANCE NO. XX (2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
FOLLOWING SECTIONS OF TITLE 5 OF THE MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSING, MASSAGE
ESTABLISHMENTS, AND MASSAGE TECHNICIANS: 5.00.080;
5.04.010; 5.04.020; 5.04.050; 5.04.060; 5.04.070; 5.04.080; 5.04.100;
5.04.110; 5.04.130; 5.04.140; 5.08.010; AND 5.08.070.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
A. The City Council desires to amend certain provisions of Title 5 of the
Diamond Bar Municipal Code to revise certain general provisions relating to the
issuance of business licenses and to make changes in the City's regulation of massage
establishment businesses and the practice of massage consistent with the provisions of
Assembly Bill 1147, which took effect on January 1, 2015,
B. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") because it can be seen with certainty that the
proposed Code Amendments will not result in a direct or reasonably foreseeable
indirect physical change in the environment (Section 15060(c)(2) of the CEQA
Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment (Section 15378(b)(5) of the CEQA Guidelines).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 5.00.080 of Title 5, Chapter 5.08 of the Diamond Bar
Municipal Code is amended as follows (deletions in st k� .« , text; additions in
boldlunderline text):
Sec. 5.00.080. - Te^ peFa.V liGens^. Reserved.
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t wte
1195190.1
SECTION 2. Section 5.04.010 (Investigation of specific businesses) of
Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows
(deletions in 6*lak gh, text; additions in bold/underline text):
Sec. 5.04.010. — Investigation of specific businesses
(a) Upon receipt of an application for one of the following businesses, the
director or his or her designee shall conduct an investigation and criminal
background check on the applicant(s), and managerial staff as deemed
necessary by the director, and may obtain reports from the sheriff's
department, building and safety, fire department, county health department,
and any such other information as he or she deems necessary to determine
if the criteria for issuance of a business license have been met:
(1) An o and a 4 h
�.Pr c'
(21JAdult oriented businesses (as defined in section 22.80.020 of this Code)
(32)Alarm systems.
(43jAlcoholic beverage sales (off-site consumption).
(54)Bars, cocktail lounges and taverns.
(65DComputer services/network gaming center (as defined in section
22.80.020).
(78)Firearrn dealers.
(8Z)Indoor amusement/entertainment facilities (as defined in section
22.80.020).
(98)Massage establishments and la age teGhn:^=s
(4-09) Pawnbrokers and secondhand dealers.
(4a -O Peddling -solicitation.
(4�LI) Psychic reading (as defined in section 22.80.020 of this Code),
(4-12) Tow trucks and towing companies.
SECTION 3. Subsection (a)(4) of Section 5.04.020 (Application) of Title 5,
Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in
strikethroug,h text; additions in bold/underline text):
(4) Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five ten years, convicted of a crime, the nature of such offense, and
the sentence received therefore including conditions of parole or probation, if
any;
SECTION 4. Subsection (a)(4) of Section 5.04.050 (Grounds for denial of
business license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is
amended as follows (deletions in stFik� ethraugh text; additions in bold/underline text):
1195190.1
(4) Conviction of any crime within the past five ten years where the trait shown is
inconsistent with carrying on the business, occupation, or activity for the benefit
of the public;
SECTION 5. Subsection (b) of Section 5.04.060 (Effect of business
license denial) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended
as follows (deletions in s+rik� +fin text; additions in bold/underline text):
(b) Appealability. Any person dissatisfied by the city's decision to grant, deny or
condition a business license may appeal that decision to the City GOURG41 CAY
manager in a manner provided section 5.04.080.
SECTION 6. Subsection (b) of Section 5.04.070 (Conditions of approval)
of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows
(deletions in 6+'ika 8thFGUgh text; additions in bold/underline text):
(b) Application to change conditions. The ^iaity- ecansil director may change,
modify or eliminate any conditions previously placed on a license upon
written request if it finds that the reasons for the original imposition of such
conditions have been cured or no longer exist. AppliGations to change
condwfiens shall he ne+ippd and set fer r .. hl's heaFi.,a steRt
with this ahan+er.
wmrmra-orrapccr.
SECTION 7. Section 5.04.080 (Appeal) of Title 5, Chapter 5.04 of the
Diamond Bar Municipal Code is amended as follows (deletions in StFike+� .,=`thro gh text;
additions in bold/underline text):
Sec. 5.04.080. – Appeal.
(a) Any person dissatisfied with a decision of the city to approve, deny or
condition a business license application may appeal the decision to the city
set+neai city manager by filing with the city clerk a notice of appeal within 15
days of the date of mailing of the decision.
(b) A notice of appeal shall be signed by the appellant or the legal representative
of the appellant and shall state that the appellant appeals from a specified
decision or a particular part thereof. The notice of appeals shall be
accompanied with the required appeal fee, as set by resolution of the city
council.
(c) If a timely appeal is filed, the effect of the decision shall be stayed pending
the ceuncihs city manager's resolution of the matter unless the director
specifically finds that the public health and safety is endangered, in which
case the decision shall take effect immediately.
SECTION 8. Section 5.04.100 (Appeals—Hearing procedure) of Title 5,
Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in
strihhFaugh text; additions in boldlunderline text):
1195190.1
Sec. 5.04.100. - Appeals—Hearing procedure.
(a) The city council city manager shall conduct the appeal hearing de novo and
shall hear and consider evidence, argument and points and authorities of law,
and may require parties before it to submit such argument and points and
authorities of law prior to rendering any decision. The hearing will be held as
provided in section 5.04.130.
(b) The decision of the city manager shall be final.
SECTION 9. Section 5.04.110 (Modification, suspension or revocation) of
Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in
etr:kethMugh text; additions in bold/underline text):
Sec. 5.04.110. – Modification, suspension or revocation.
Any license issued by the city may be conditioned, modified, suspended or
revoked for cause by the ci#yseuneil director in accordance with section
5.04.140.
SECTION 10. Section 5.04.130 (Procedure for hearing) of Title 5, Chapter
5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in
s`rik� h text; additions in bold/underline text):
Sec. 5.04.130. – Procedure for hearing.
(a) The licensee or legal representative of the licensee shall have the right to
bring witnesses to testify on his or her behalf.
(b) Hearings need not be conducted according to technical rules relating to
evidence and witnesses.
(c) The nity Gou„e;: director / city manager shall issue its deGiSiGR by wr
deGision a decision in writina. The decision shall contain a determination of
the issues presented.
5.04.080 through 5.04.100.
SECTION 11. Section 5.04.140 (Grounds for revocation of business
license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as
follows (deletions in strikethFaugh text; additions in bold/underline text):
Sec. 5.04.140. – Grounds for revocation of business license.
The city ca,: director may condition, suspend or revoke a business license if
the ceunsil director finds any of the following:
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(b) That any grounds or circumstances exist that would have justified
denial of a business license application;
(ac)The licensee, manager or employees have failed to maintain the premises
in a neat and clean condition and have allowed the business premises to
deteriorate and become blighted;
(bd) That the building, structure, or equipment used in the conduct of the
business does not comply with or fails to meet any health, zoning, fire, or
building and safety laws of the State of California or the Diamond Bar
Municipal Code;
(ee)That the licensee, manager or employees have violated any statute or any
ordinance of the Diamond Bar Municipal Code resulting from any act
performed in the exercise of any rights permitted by the issuance of the
license;
(df) That the licensee, manager or employees have violated any provision of
federal or state law or any provision of the City of Diamond Bar Business
License Ordinance, the City of Diamond Bar Municipal Code or any other
statute, rule, permit or regulation on the business premises or relating to the
licensed activity;
(eg) That the licensee has failed or refused to notify the city of any change in
facts as required by this title within ten days after such change;
(fb) That the licensee, manager or employees have permitted, allowed or failed
to prevent the use of the business as a base or magnet for unlawful or
criminal activity, including, but not limited to, solicitation, prostitution and
drug trafficking;
(gi) The licensee, manager or employees have allowed or failed to discourage
criminal or otherwise unlawful activity to occur on or immediately adjacent
to the business premises;
(#!) The licensee, manager or employees have failed to control the actions of
the businesses' patrons in and immediately adjacent to the business
premises; or
(Lk) That the licensee has conducted the licensed business in a manner
contrary to the peace, health, safety and the general welfare of the public.
SECTION 12. Section 5.08.010 (Acupressure) of Title 5, Chapter 5.08 of
the Diamond Bar Municipal Code is amended as follows (deletions in StFiketfin text;
additions in bold/underline text):
Sec. 5.08.010. - AGUpFessu e. Reserved.
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SECTION 13. Section 5.08.070 (Massage establishments and massage
technicians) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in
its entirety and replaced with new Section 5.08.070 to read as follows:
(a) Findings and Purpose. The city council finds and declares as follows:
(1) The permit requirements and restrictions imposed by this section are
reasonably necessary to protect the health, safety, and welfare of the citizens
of the city, while recognizing massage as a legitimate business interest that
provides benefits to its patrons in a therapeutic setting.
(2) The city is authorized to regulate massage establishments pursuant to the
State Constitution, Cal. Gov't Code §§ 37100, 51030 et seq., California
Business and Professions Code §§ 460, 4600 through 4620 and § 16000, § 13
of the Chiropractic Act (initiative measure approved by the electors November
7, 1922, and amended) and Section 7 of Article XI of the California
Constitution.
(3) There is a significant risk of injury to massage clients by improperly trained
and/or educated massage practitioners and this chapter provides reasonable
safeguards against injury and economic loss.
(4) There is opportunity for acts of prostitution, lewdness, and other unlawful
sexual activity to occur in massage establishments, as well as for the use of
massage establishments as venues to facilitate human trafficking. Courts have
long recognized massage as a pervasively regulated activity and that massage
establishments are often brothels in disguise. The establishment of reasonable
standards for issuance of permits and restrictions on operations would serve to
reduce the risk of illegal activity and would thereby benefit the public health.
(5) The provisions of this section are intended to enhance the efficient processing
of permits for massage establishments, owners and managers and the ongoing
regulation of those permittees and certificate holders by the City of Diamond
Bar. The provisions of this chapter in no way limit the authority of the city to
inspect massage establishments or conduct investigations to ensure
permittees are complying with applicable rules and regulations.
(6) The restrictions and requirements contained in this section are intended to stop
the practice of businesses quickly changing ownership in name upon the
discovery of criminal activity by the city.
(7) The restrictions and requirements contained in this section are intended to be in
addition to the requirement of a valid business license issued pursuant to this
title.
(8) The regulations and
restrictions contained
in this section
are intended to
discourage massage
establishments from
degenerating
into houses of
prostitution, and the
means utilized in this
section bear a
reasonable and
1195190.1
rational relationship to the goals sought to be achieved within the confines
allowed by state law.
(9) The provisions of this section are not intended to be exclusive, and compliance
therewith shall not excuse noncompliance with any state or local laws or
regulations that are uniformly applied to other professional or personal service
businesses.
(10)Pursuant to State law, the California Massage Therapy Council ("CAMTC")
regulates massage technicians in order to protect the public, and it is in the
public interest to require that all persons providing massage in the city have a
certificate from CAMTC.
(b) Exceptions. Except as otherwise expressly provided, the requirements of this
section shall have no application and no effect upon and shall not be construed as
applying to:
(1) Treatment of services administered or provided in good faith by a physician,
surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or
any other person licensed to practice any healing art under the provisions of
Cal. Bus. & Prof. Code Div. 2 (commencing with § 500) while in the course of
engaging in practices within the scope of his or her professional license.
(2) State -licensed hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the State of California, or activities engaged in by the
employees of such facilities in the course of their employment while working on
the premises of such state -licensed facilities.
(3) The activities of coaches or trainers employed by accredited junior high
schools, high schools, junior colleges, colleges or universities while acting
within the scope of their employment.
(4) Barbers, beauticians, or manicurists who are duly licensed by the State of
California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus.
& Prof. Code §§7300 et seq., as the same may be amended from time to time,
while engaging in practices within the scope of such license, except that this
exemption applies solely for the massaging of the neck, face, and/or scalp of
the customer or client of said barber or beautician or, in the case of a licensed
manicurist, the massaging of the forearms, hands, calves, and/or feet at a
state -licensed facility. Any business employing state -licensed barbers,
beauticians, or manicurists at which massage services not otherwise exempted
pursuant to this section are also provided shall be considered a massage
establishment and must comply with all provisions of this section.
(5) Schools of cosmetology or barbering which comply with the requirements of
Cal. Bus. & Prof. Code §§7362 et seq. when instructors are acting within the
scope of their employment or when students are working as unpaid externs
pursuant to the requirements of Cal. Bus. & Prof. Code §7395.1.
(6) Activities of any other business or professions to the extent exempted by state
law.
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(c) Definitions. For purposes of this section, the following terms shall have the following
meanings:
(1) Acupressure means the practice of placing physical pressure by hand, elbow,
or with the aid of various devices on the same points on the surface of the
body targeted in acupuncture with the intention of treating illness and/or
disease or relieving pain.
(2) California Massage Therapy Council or CAMTC means the nonprofit
organization created to regulate and issue massage practitioner and therapist
certificates pursuant to California Business & Professions Code §§4600 et.
seq.
(3) CAMTC Certificate shall mean a certificate, issued by CAMTC, certifying
completion of the required curriculum in massage training.
(4) Employee includes every owner, partner, operator, manager, supervisor,
person and worker, whether paid or not, full-time or part-time, who renders
personal services of any nature or is otherwise employed in support of the
operation of a massage establishment. For purposes of this chapter, the
terms employee shall also include certified massage technicians who provide
massage services, whether as independent contractors or otherwise, in or for
a massage establishment.
(5) Manager means any individual designated or permitted by the owner of a
massage establishment to act as the representative and/or agent of the owner
in managing day-to-day operations of the massage establishment, with
corresponding responsibilities. Evidence of management includes, but is not
limited to, the ability of the individual to direct or hire and dismiss employees,
control hours of operation, create policy or rules or purchase supplies, and
ensuring that the massage establishment complies with the requirements of
this code and of other laws. An owner or operator may also be a manager,
and a massage establishment may have more than one manager.
(6) Massage and Massage Services means any method of treating the external
parts of the body for remedial, health, hygienic, or relaxation purposes for
compensation and includes, but is not limited to, treatment by means of
manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping,
pounding, vibrating, with or without the aid of or by means of any mechanical,
electronic, or other apparatus, and with or without rubbing alcohol, liniments,
aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other
similar preparations. Massage specifically includes the application of any of
these methods to the scalp, neck, or feet of any individual.
(7) Massage Establishment shall mean any business or establishment having a
fixed location where any individual, firm association, partnership, limited
liability company, corporation, or combination of individuals, offers, engages
in, conducts, carries on or permits to be offered, engaged in, conducted or
1195190.1
carried on, massage services or out -call massage within the city, including the
residence or business office of a sole provider who provides massage
services at such premises. Any type of business or establishment at which
massage services are provided shall be considered a massage establishment
for purposes of this chapter, regardless if the business holds itself out as
something other than a massage establishment and/or offers or provides
other types of products or services. Notwithstanding the foregoing, the
residence or business office of a sole provider who only engages in out -call
massage and does not provide massage services at such residence or
business office shall not be considered a massage establishment.
(8) Massage Practitioner means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(9) Massage Technician shall mean a massage practitioner or massage
therapist certified by CAMTC.
(10)Massage Therapist means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(11)Massage Therapy Act means chapter 406 of the 2013-2014 Legislative
Session, as the same may be amended from time to time.
(12) Operator means any individual with direct responsibility, in whole or part, for
the ongoing operations of a massage establishment. An operator may, but
need not, also be an owner or a manager.
(13)Out-Call Massage means the provision of massage services at a location
other than at a massage establishment.
(14)Owner means any individual or entity that has a direct or indirect ownership
interest of more than ten percent (10%) in a massage establishment or that is
an officer, director, or limited liability company manager of such an owner.
The term owner may include, without limitation, the sole proprietor of a sole
proprietorship, any general or limited partner of a general or limited
partnership, any member or manager of a limited liability company, any
shareholder, officer, or director of a corporation, or any other person that has
an ownership interest of more than ten percent (10%) in a massage
establishment, whether as an individual, corporation, limited liability
company, general partner, limited partner, shareholder, member, officer,
director, or otherwise.
(15)Patron means an individual on the premises of a massage establishment for
the purpose of receiving a massage.
(16) Sole Provider means any legal form of business organization owned entirely
by an individual massage technician, where such owner is the only individual
who provides massage services for the business and that has no other
1195190.1
employees or independent contractors that, provide massage services for or
on behalf of the business.
(d) CAMTC Certificate and business license requirements for massage services.
(1) Except as otherwise provided in subsection (b), no individual shall engage in,
conduct, carry on, practice or perform massage services within the city without
first obtaining and thereafter maintaining a CAMTC Certificate and presenting
proof of such CAMTC Certificate to the city in accordance with the provisions of
this section.
(2) Except as otherwise provided in subsection (b), no person shall engage in,
conduct or carry on, or permit to be engaged in, conducted, or carried on, in or
upon any premises within the city, the operation of a massage establishment
without first obtaining and thereafter maintaining a massage establishment
business license pursuant to this section.
(3) No owner, operator, or manager of a massage establishment shall employ,
retain, or allow any individual to perform massage services in the city unless
such individual possesses a current and valid CAMTC Certificate. For
purposes of this section, an owner, operator, or manager employs, retains, or
allows an individual to perform massage services if (i) that individual is an
employee of the massage establishment, (ii) that individual's association with
the massage establishment is that of an independent contractor who receives
compensation for massage services provided to patrons of the massage
establishment, or (iii) that individual receives a patron referral or referrals from
the massage establishment for massage services and arranges in any way for
compensation relating to such services to flow to such owner, operator,
manager or massage establishment.
(e) Massage establishment business licenses generally
(1) Where a conditional use permit is required pursuant to title 22, a business
license application for a massage establishment shall be filed concurrently with
the conditional use permit application. The business license for the massage
establishment shall not be issued until the conditional use permit has been
approved.
(2) Massage establishment business licenses issued pursuant to this chapter may
not be assigned or transferred.
(3) The owner or operator of a massage establishment shall notify the director or
his or her designee whenever there is a change in information which was
required to be submitted in the initial or a renewal application for the massage
establishment's business license. Such notification shall be in writing and made
within ten business days of the change on a form provided by the city. If such
change involves the addition of a new operator, manager, or employee who will
be providing massage services, a true and correct copy of the individual's
current CAMTC certificate and CAMTC-issued identification card shall be
provided with the written notification form. If such change involves the addition
of a new owner, operator, or manager, such individual shall not commence
working at or for the massage establishment in such capacity until all
background information required for such individuals pursuant to subsection
1195190.1
5.08.070(f) has been provided to the city, the city has completed a background
investigation of the individual, and the director has determined that such
individual has not engaged in prior conduct that would serve as the basis for
denial of a business license for the massage establishment in accordance with
this chapter.
(4) Each owner, operator, and manager of a massage establishment shall be
responsible for the conduct of all employees and independent contractors
working for or on behalf of the massage establishment. Failure of the
employees or independent contractors to comply with the provisions of this
chapter or the Massage Therapy Act may result in the issuance of criminal
and/or administrative citations and shall be grounds for revocation of the
massage establishment business license.
(5) Any requirement of this section applying to an owner or operator shall apply to
each and every owner and operator of a massage establishment.
(t) Application information—Massage establishment businesses. In addition to the
information prescribed by sections 5.00.040(c) and 5.04.020, unless waived by the
director for good cause, all applications for a business license for a massage
establishment must contain the following information and documents.
(1) The full name, home and business addresses, home and business telephone
numbers, and email address of the responsible individual designated by the
applicant to be the City's primary point of contact for the massage
establishment and the business license. This individual shall be an owner or
operator and shall complete and sign all application forms and provide all
required information and documents on behalf of the applicant. By signing the
application, this individual shall certify under penalty of perjury that all
information contained in, and/or submitted as part of the application, including
the personal background information pertaining to each individual owner,
operator, manager, and employee, is true and correct. This individual shall also
acknowledge that he or she, along with each other owner, operator, and
manager, shall be responsible for the conduct of all employees (including
independent contractors) on the premises of the massage establishment or
while working on its behalf, and that violations of the provisions of this chapter
shall be grounds for revocation of the business license.
(2) The legal name(s) of, and each fictitious business name used by, each owner
and operator of the proposed massage establishment and what type of legal
entity each is, i.e., whether a sole proprietorship, general partnership, limited
partnership, limited liability company, corporation, or otherwise. Proof in the
form of certified copies of an entities articles of incorporation, charter, articles of
formation, certificate of limited partnership, dba filings, or other documents may
be required by the director in his or her discretion. For corporations, the name
of the corporation shall be set forth exactly as shown in its articles of
incorporation or charter together with the state and date of incorporation and
the names and residence addresses of each of its current officers and directors,
and of each shareholder or other person who has an ownership interest in the
corporation. For limited liability companies, the name of the limited liability
company shall be set forth exactly as shown in its articles or organization or
other organizational document together with the state and date of organization
1195190.1
and the names and residence addresses of each of its current officers,
directors, and managers, and of each member or other person who has an
ownership interest in the limited liability company. For partnerships, the
application shall set forth the name and residence addresses of each of the
partners, including limited partners. If one or more of the partners of a
partnership is a corporation or limited liability company, the provisions of this
subsection pertaining to corporations and limited liability companies shall apply.
(3) The precise name under which the massage establishment is to be conducted,
along with the complete address and all telephone numbers of the massage
establishment. No massage establishment shall operate under any business
name or conduct business under any designation not specified in the business
license.
(4) A scaled and dimensioned floor plan showing entrances, exits, windows, interior
doors, restrooms, all other separately enclosed rooms (including, but not limited
to, closets, storerooms, break rooms, and changing rooms), and the location of
massage tables and chairs.
(5) A complete current list of the names and residence addresses of all current or
proposed employees of the massage establishment and their respective jobs or
positions.
(6) True and correct copies of the current CAMTC certificate and CAMTC-issued
identification card for each employee/massage technician who will be providing
massage services for or at the massage establishment (including independent
contractors).
(7) The following personal information for each individual owner, operator, and
manager of the massage establishment. The director may waive this
requirement, in whole or in part, for any individual where it is shown to the
satisfaction of the director that such individual will not be directly involved in the
operation of the proposed massage establishment.
a. Full complete name and all aliases or fictitious names used within the last
ten years;
b. The individual's current residential and business addresses, and a list of
all previous residential and business addresses for a minimum of the last
eight years;
C. Written proof of the individual's age, date of birth, height, weight, color of
hair and eyes, and sex;
d. Two identification photographs and fingerprints;
e. The individual's complete business, occupation and employment history
for the ten years immediately preceding the filing of the application,
including, but not limited to, the names and addresses of any other
massage establishments or similar businesses the individual has owned,
operated, managed, provided massage services at, or worked at;
f. The complete massage permit history for the individual; whether the
individual has had a permit or license to operate, manage, provide
massage services at, or work at a massage establishment denied,
revoked, or suspended in any jurisdiction; the reasons for any such denial,
1195190.1
revocation, or suspension; and the business, activity, or occupation the
applicant engaged in subsequent to such denial, revocation, or
suspension;
g. A description of all criminal convictions, including pleas of nolo
contendere, within the last ten years, including those dismissed or
expunged pursuant to California Penal Code section 1203.4, but excluding
traffic or infraction violations, and the date and place of each such
conviction and reason therefor;
h. Such other information and identification deemed necessary by the
sheriffs department.
(8) The name and address of the owner and lessor of the real property upon or in
which the massage establishment is to be conducted. In the event the owner of
the massage establishment is not the legal owner of the property, the
application must be accompanied by a notarized acknowledgment from the
owner of the property that a massage establishment will be located on
his/her/its property, and that the massage establishment shall be subject to the
provisions of this chapter, along with a copy of the lease, if applicable.
(g) Issuance or denial of a massage establishment Business license. Upon receipt of a
complete application for a massage establishment business license, the director
shall conduct a background investigation, review the application and determine
whether to issue, deny, and/or condition a business license in accordance with this
title. In addition to the grounds for denial set forth in section 5.04.050, the director
may deny an application for an initial or a renewal massage establishment business
license if he or she makes any of the following findings:
(1) A massage establishment is not a permitted use in the proposed location or no
conditional use permit for the massage establishment has been issued, if
applicable, and the massage establishment does not possess legal
nonconforming use status, pursuant to the provisions of title 22, Development
Code.
(2) Within twelve months prior to the submittal of the application, the location of the
proposed massage establishment has been the site of a massage
establishment that was closed, either voluntarily or in response to action by the
city, due to arrests for criminal activity, violations of this section, and/or notices
pertaining to criminal activity, code violations, or business license suspension or
revocation proceedings.
(3) Anyone who provides or will provide massage services for or at the massage
establishment, does not possess a current and valid CAMTC Certificate.
(4) Any owner, operator, manager, or employee of the massage establishment has
engaged in disqualifying conduct. Disqualifying conduct includes the following:
a. Within ten years preceding the date of filing of the application, the
individual has been convicted in a court of competent jurisdiction of any of
the following:
(i) A violation of any provision of law pursuant to which a person is
required to register under the provisions of California Penal Code
section 290;
1195190.1
(ii) Conduct in violation of California Penal Code sections 266h, 2661,
315, 316, 318, 653.22, 653.23, or 647 (b);
(iii) An attempt to commit or conspiracy to commit any of the above
mentioned offenses;
(iv) When the prosecution accepted a plea of guilty or nolo contendere
to a charge of a violation of California Penal Code sections 415,
602, or any lesser included or related offense, in satisfaction of, or
as a substitute for, any of the previously listed crimes;
(v) Any crime committed while engaged in the management or
ownership of a massage establishment or the practice of massage;
(vi) A violation of any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health
& Safety Code section 11054, 11055, 11056, 11057 or 11058; or
(vii) Any offense under a statute of any state or ordinance of any city or
county, which is the equivalent of any of the aforementioned
offenses, including California Business & Professions Code section
4609(a).
b. Within ten years preceding the date of the filing of the application, the
individual has had any massage establishment, operator, technician,
practitioner, therapist, or trainee certificate, license, or permit issued by
any state, local agency, or other licensing authority, including the CAMTC,
denied, revoked, or suspended for any reason other than lack of sufficient
education; or has had to surrender such a certificate, license, or permit as
a result of pending criminal charges or administrative proceedings for
suspension or revocation of any such certificate, license, or permit;
G. Within five years preceding the date of filing of the application, the
individual has been convicted in a court of competent jurisdiction of any of
the following:
(i) Any crime, other than an infraction or those listed above, involving
dishonesty, fraud, or deceit with the intent to substantially benefit
himself or another, or substantially injure another;
(ii) Any crime, other than an infraction or crimes relating to those
offenses listed above, where the crime or act is substantially related
to the management or ownership of a massage establishment or
the practice of massage, including a violation of the Massage
Therapy Act;
(iii) Has been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to California
Penal Code sections 11225 through 11235, as the same may be
amended from time to time, or any similar provisions of law in a
jurisdiction outside the State of California; or
(iv) Has been found to be maintaining a nuisance in connection with the
same or similar type of business; or
1195190.1
d. Within five years preceding the date of filing of the application, the
individual has engaged in the exposing of specified anatomical areas of
oneself or of another person to view, or in touching the specified
anatomical areas of oneself or of another person, while providing massage
services or while within view of a customer or patron of the massage
establishment, or has been the owner, operator, or manager of an
establishment where such conduct occurred.
(h) Renewal of massage establishment business licenses.
(1) Business licenses for massage establishments shall be renewed annually in
accordance with this title.
(2) Each applicant for renewal of a massage establishment business license shall
provide such information and documents as may be reasonably required by the
director to determine that the massage establishment is operating in
compliance with the provisions of this title and/or any conditions imposed on the
business license. The director may refuse to renew a business license for a
massage establishment upon finding the existence of any facts or
circumstances that would constitute grounds for the denial or revocation of a
business license.
(i) Requirements of operation for massage establishments. The following
requirements of operation shall apply to all massage establishments located in the
city. Each owner, operator, and manager of a massage establishment shall be
responsible for ensuring that the requirements of operation are complied with at all
times.
(1) Building and facility requirements.
a. All massage rooms and dressing rooms shall be screened off by hinged
doors, draw drapes, curtain enclosures, or accordion -pleated closures.
Except for bathroom doors, interior doors shall not have locks on them.
b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of
the Municipal Code, all rooms in which massages are being provided shall
be lit with a minimum of one light fixture emitting at least 210 lumens for
every 150 square feet of space during the administration of such services,
with lighting levels spread evenly throughout the space. No dimmer
switches, strobe lights, flashing lights, colored light, or any coverings or
other apparatus, other than a lampshade, which changes or darkens the
color of the primary light source shall be used in any room in which
massage services are being provided.
C. Any locker facilities provided for the use of patrons shall be fully secured
for the protection of the patrons' valuables, and the patron shall be given
control of the key or other means of access.
d. The walls in all rooms where water or steam baths are given shall have a
washable mold -resistant surface.
e. One main entry that enters into the reception area shall be provided for
patron use. Where feasible, this main entry shall be located on the
storefront side of the building or tenant space. All patrons, and any
persons other than those providing services at the massage
1195190.1
establishment, shall be required to enter and exit solely through the main
entry.
f. All exterior doors (except rear exterior doors used only for employee
access to and from the massage establishment) shall remain unlocked
during business hours, and the establishment shall comply with the
provisions of the Diamond Bar Municipal Code pertaining to the posting of
signs stating that doors shall remain unlocked during business hours.
Exits for emergency purposes shall be provided where deemed necessary
by the building official. Notwithstanding the above, all exterior doors may
be locked, provided that the massage establishment is a business entity
owned by one individual with one or no employees or independent
contractors.
g. There shall be no audio or visual internal communication devices within
the establishment, such as, but not limited to, buzzers, alarms, or intercom
systems.
(2) Maintenance of premises and equipment.
a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all
other physical facilities of the establishment shall be in good repair and
maintained in a clean and sanitary condition.
b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments and toilet rooms shall be thoroughly cleaned each
day the business is in operation.
c. Adequate equipment for disinfection and sterilization of instruments used in
performing the massages shall be provided.
d. Hot and cold running water shall be provided at all times
e. Clean and sanitary towels and linens shall be provided for each patron of
the establishment or each patron receiving massage services. No common
use of towels or linens shall be permitted.
f. Standard or portable massage tables or chairs shall be used with a durable,
washable plastic or other waterproof material as a covering. Beds,
mattresses, water beds, futons, sofa beds, any type of portable or
convertible beds, and foam pads more than four inches thick or with a width
of more than four feet shall not be permitted in the establishment.
(3) Personnel lists.
a. Copies of the CAMTC certificate and identification card for each employee
required to possess a CAMTC certificate pursuant to this chapter shall be
maintained on file on the premises of the massage establishment at all times,
and for a minimum period of two years following the date that the person
ceases providing serviceslemployment to the massage establishment.
Copies shall be made available to any individual upon request, including but
not limited to employees of the city. In addition, within ten days of a massage
establishment hiring or contracting with a new employee, written notice of the
name, residential address, and position of the new employee and true and
correct copies of his or her CAMTC certificate and identification card (if
required) shall be filed with the director.
1195190.1
b. Within five days of the expiration, revocation, suspension, or surrender of an
employee's CAMTC Certificate, the owner or operator shall provide written
notice of such expiration, revocation, suspension, or surrender to the director,
and such employee shall not be permitted to operate, manage or provide
massage services at the massage establishment until and unless a he or she
receives a valid new or renewed CAMTC Certificate and a copy of such new
CAMTC Certificate and identification card for the employee has been
provided to the director.
G. A register of all persons who are currently, or who within the last two years
were, employed, working or providing services at or for the massage
establishment shall be maintained on the premises of the massage
establishment at all times. The owner shall make the register immediately
available for inspection upon demand of a representative of the sheriff's
department, any health officer, or any other official charged with enforcement
of this title. The register shall include at least the following information:
1) Name, nicknames, and/or aliases;
2) Home address and relevant phone number, including but not
limited to home, cellular, and pager numbers;
3) Age, date of birth, gender, height, weight, color of hair and eyes;
4) The date of employment, and termination, if any;
5) The duties of each person.
(4) Hours of operation.
a. No massage establishment shall be open for business or operated
between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all
customers, patrons and visitors shall be excluded from the massage
establishment between those hours. A massage begun any time before
10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of
operation shall be displayed in a conspicuous public place in the lobby
within the massage establishment and in any front window outside of the
massage establishment.
b. During hours of operation, only employees of the massage
establishment or a patron shall be allowed beyond the reception area of
the massage establishment, with the exception of representatives of the
sheriff's department, any health officer, any other official charged with
enforcement of this title, or a CAMTC official.
c. Patrons and visitors shall only be permitted in the massage
establishment during the hours of operation.
(1) Visitors who are not patrons shall only be permitted in the reception
area of the massage establishment.
(2) Patrons shall only be permitted in massage treatment areas if at
least one massage technician is on the premises.
d. The massage establishment shall be supervised during all hours of
operation by a manager specified in the permit application. The name
and photograph (minimum size of four inches by six inches) of the on -
duty manager shall be posted in a conspicuous public place in the lobby
1195190.1
of the massage establishment at all times that the business in open. This
provision shall not apply to sole providers.
e. No massage establishment shall be used for residential purposes.
(5) Posting requirements. In addition to any other requirements for posting set forth
in this title, the following requirements shall apply:
a. A recognizable and legible sign complying with the requirements of this
code shall be posted at the main entrance identifying the establishment
as a massage establishment.
b. Each service offered, the price thereof, and the minimum length of time
such service shall be performed shall be posted in a conspicuous public
location in each massage establishment. No services shall be performed
and no sums shall be charged for such services other than those posted.
Nothing herein prohibits a voluntary tip from being paid by the patron.
Such services may either be posted on a sign or printed in a menu of
services.
c. Any posted signs which are in a language other than English shall also
be posted in English.
(6) Prohibited conduct. Each owner, operator, and manager shall be responsible for
the conduct of all employees while such employees are performing services at or
for the massage establishment. Any act or omission of any employee
constituting a violation of this chapter shall be deemed an act or omission of each
of the owners, operators, and managers for purposes of determining compliance
with this chapter and whether the business license or any other permit required
by the city shall be revoked, suspended, denied, or renewed. In addition to
conduct prohibited by any other provision of law or this code, the following
conduct at or by employees of massage establishments is expressly prohibited:
a. No alcoholic beverages shall be sold, served, or furnished on the
premises of any massage establishment unless expressly authorized
under a conditional use permit and licensed by the Department of
Alcoholic Beverage Control.
b. No storage or sale of condoms, spermicides or other makeshift
prophylactic materials (e.g. plastic wrap) shall be permitted within the
massage establishment.
c. No person shall use or possess, nor shall there be any storage of, any
sexually -oriented implements or paraphernalia which are designed or
marketed primarily for the stimulation of human genital organs or
sadomasochistic activity.
d. No electrical, mechanical, or artificial device shall be used by any
massage establishment employee for non -security audio and/or video
recording or for monitoring the performance of a massage, of the
conversation or other sounds in the massage rooms, without the prior
written consent of the patron.
e. No employee of a massage establishment shall, while engaged in the
practice of massage, or while visible to patrons in the massage
establishment, dress: (i) in attire that is transparent, see-through, or
1195190.1
substantially exposes the employee's undergarments; (ii) in a manner
that exposes the massage technician's breasts, buttocks, or genitals; (iii)
in a manner which has been deemed by CAMTC to constitute
unprofessional attire based on the custom and practice of the profession
in California; or (iv) in swim attire unless such person is providing a
water-based massage modality which has been approved by CAMTC.
f. No owner, operator, manager or employee of a massage establishment
shall engage in, or permit any other employee to engage in, any form of
unprofessional conduct as defined in California Business and
Professions Code section 4609(a)(1), including, without limitation,
engaging in any form of sexual activity on the premises of a massage
establishment or while providing massage services, providing massage
of the genitals or anal regions, or providing massage of the breasts of a
female patron without the written consent of the person receiving the
massage and a referral from a licensed California health care provider.
Q) Inspections.
(1) Representatives of the sheriff's department, fire department, community
development department, and agents for the city or from the County Public
Health Department, and representatives of any state or local agencies with
regulatory authority over massage establishments shall have the right to enter
massage establishments, from time to time, during regular business hours, or
at any time that the massage establishment is occupied or open for business,
to verify the massage establishment is in compliance with all applicable laws
without the need for an inspection or abatement warrant. No person shall
refuse to permit, cause delay of, or interfere with, a lawful inspection or
compliance check of the premises by such officials at any time.
(2) The operator shall cause to be conspicuously posted so that the same may be
readily visible to persons in the reception area of the massage establishment, in
letters that are a minimum of one inch in height, a notice in English and such
other languages as may be convenient to communicate such notice, which
provides substantially as follows:
THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY
AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE
In addition, operators are encouraged to post this notice in language(s) that are
best understood by the customers of the massage establishment.
SECTION 14. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutional.
SECTION 15. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
1195190.1
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar 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 _TH DAY OF 2016, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Nancy A. Lyons, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at the regular meeting of the City Council of
the City of Diamond Bard held on the _ day of 2016, and was finally
passed and adopted by the City Council of the City of Diamond Bar, at a regular
meeting of the City Council held on the day of 2016, by the following
vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
1195190.1
ATTACHMENT 2
ORDINANCE NO. XY (2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE
22 OF THE MUNICIPAL CODE PERTAINING TO THE PERMISSIBLE
LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE
ESTABLISHMENTS AND TATTOO PARLORS.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
A. The City Council desires to amend Title 22 of the Diamond Bar Municipal
Code in order to revise the City's regulations pertaining to the permissible locations and
permit requirements for massage establishments and tattoo parlors.
B. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
massage establishments and tattoo parlors, Planning Case No. PL 2015-205, and
adopted Resolution No. 2016-23 recommending City Council approval of said
Development Code Amendments.
C. On October 18, 2016, the City Council held a duly noticed public hearing
regarding the proposed Development Code Amendments.
D. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQV) because it can be seen with certainty that the
proposed Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of the
CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the
environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to
organizational or administrative activities of governments that will not result in direct or
indirect physical changes in the environment (Section 15378(b)(5) of the CEQA
Guidelines).
E. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
F. The City Council hereby adopts the findings, facts and reasons stated in
Planning Commission Resolution No. 2016-23, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
G. All legal prerequisites to the adoption of this Ordinance have occurred
1195289.1
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the office professional (OP), office business park (OB), and commercial
office (CO) zoning districts and to clarify that all other types of "personal services" land
uses are permitted uses in such zoning districts (deletions in striket,,.�through text;
additions in bold/underline text):
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
ZONING DISTRICTS
LAND USE I OP OB(3) CO
SERVICE USES
Personal services excluding
massaae establishments and
P
P
P
tattoo arlors
Perseaalserv;Ges Acupressure,
massage theFapy,-ta#G"aFI9—
CUP (6)
cup (6)CUP
(6)
Notes:
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the neighborhood commercial (C-1), community commercial (C-2), and
regional commercial (C-3) zoning districts; that "massage establishments" are a
conditionally permitted 'personal services" land use in the community commercial (C-2)
and regional commercial (C-3) zoning districts; and that "tattoo parlors" are now a
permitted 'personal services" land use in the regional commercial (C-3) zoning district
(deletions in stF kms, � ; text; additions in bold/underline text):
1195289.1
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
LAND USE
C-1
C-2
C-3
I
See
peFseRal ser.; ,.es Tattoo
therapy)
floor area
studies, massage
Personal services
Standards in
Section:
SERVICE USES
Personal services
5.08.070,
— Asupressure,
22.42.077
m�ro�ry +Hero.v
CUP f6i
CUP (6)
CUP (6)t
Massan
establishments
Personal
services —
P
Tattoo parlors
Notes:
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in strik gh text; additions in bold/underline text):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type I Vehicle Spaces Required
Service Uses:
1 space for each 250 sq. ft. of gross
peFseRal ser.; ,.es Tattoo
therapy)
floor area
studies, massage
Personal services
SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented
businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended
as follows (deletions in stri'- rvs^" text; additions in bold/underline text):
(6) Location/separation requirements. It is unlawful to cause or allow the
establishment of an adult arcade, adult bookstore, adult cabaret, adult motel,
adult motion picture theater; or adult theater, massage parlor within 500 feet of
any other similar adult business, religious institution, school, public park or any
property designated for residential use or used for residential purposes.
1195289.1
SECTION 5. Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "massage establishment' and to revise the definition
of "personal services" (deletions in stðmugrt text; additions in bold/underline text):
(m) Definitions, "M." The following definitions are in alphabetical order
(p) Definitions, "P." The following definitions are in alphabetical order:
Personal services. Establishments providing nonmedical services to
individuals as a primary use, including:
AGYpFessu
c
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to
the services provided.
SECTION 6. Any land use constituting a "massage establishment' as
defined in Section 5 of this Ordinance that was legally established and operating with a
valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar
Municipal Code, and all other required City permits or approvals prior to the effective
date of this Ordinance, and that is made nonconforming by this Ordinance because no
1195289.1
approved Conditional Use Permit for the use exists and/or the use is not located in a
zoning district in which such a use is permitted pursuant to the provisions adopted or
amended by this Ordinance, shall be considered a nonconforming use subject to the
provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22
of the Diamond Bar Municipal Code; provided, however, that all such nonconforming
uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code,
as amended.
SECTION 7. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar 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.
SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02
(2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use
permits or business licenses for establishment, expansion, or relocation of massage
establishments Citywide, shall be deemed repealed and of no further force and effect.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
M
Nancy A. Lyons, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at the regular meeting of the City Council of
the City of Diamond Bard held on the _ day of 2016, and was finally
passed and adopted by the City Council of the City of Diamond Bar, at a regular
meeting of the City Council held on the day of 2016, by the following
vote:
AYES: Council Member:
NOES: Council Member:
1195289.1
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
1195289.1
ATTACHMENT 3
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765- TEL. (909) 639-7030 -FAX (909) 861-3117
AGENDA ITEM NUMBER: 7.1
MEETING DATE: September 13, 2016
CASE/FILE NUMBER: Development Code Amendment Planning Case
No. PL 2015-205
PROJECT LOCATION: Citywide
To amend the following in the Diamond Bar Municipal
APPLICATION REQUEST: Code ("Development Code") regarding regulations on
massage establishments, as well as revise the land
use provisions for tattoo parlors to be consistent with
recent case law: Title 22 — Sections 22.10.030,
22.30.040, 22.42.020, and 22.80.020.
APPLICANT: City of Diamond Bar Community Development
Department
STAFF RECOMMENDATION: Adopt the attached Resolution recommending the City
Council approve Development Code Amendment
Planning Case No. PL 2015-205
SUMMARY:
This proposed amendment to the Development Code would restore Diamond Bar's
authority to require approval of a conditional use permit (CUP) prior to the licensing of any
new massage establishment proposed within the City.
In addition, this proposed Development Code Amendment would amend the City's
regulations pertaining to tattoo parlors in order to conform to current case law.
As a separate, but related matter, staff has also drafted new business licensing regulations
pertaining to massage establishments and their operations. Business licensing regulations
(Title 5 of the Diamond Bar Municipal Code) are not subject to Planning Commission
1188991.1
criteria and enforcement practices. San Gabriel, Huntington Beach and many other cities
have experienced an alarming increase in massage establishments, which in turn have
placed increased burdens on their law enforcement agencies.' Diamond Bar saw its
number of massage establishments increase from four to 15. Moreover, the City was
compelled to permit at least seven massage establishments to open simply on the basis
that the owners and/or massage technicians were CAMTC certified. Assemblywoman
Susan Bonilla described SB 731 and AB 619 as laws "that had serious unintended
consequences, with bad actors masquerading as legitimate massage professionals
exploiting loopholes in current law to insulate themselves against the ability of local
governments and law enforcement to shut them down."
In response to the rapid proliferation of massage establishments and the impacts directly
associated with them, cities, counties, elected representatives, law enforcement agencies
and the League successfully advocated for more carefully crafted legislation. On
September 18, 2014, the Governor signed into law AB 1147 (Bonilla), which, upon its
effective date of January 1, 2015, replaced SB 731 and AB 619 in their entirety. The new
law restores significant local land use authority over massage establishments by removing
SB 731's broad state preemption of local massage ordinances and gives local
governments greater authority to enact reasonable regulations to manage massage
establishments in the best interests of the individual community, including restoring the
authority to impose regulations on massage establishments that do not apply to other
professional service providers. While the CAMTC and the voluntary certification provisions
remain intact, there were a number of important changes, including the restoration of local
land use authority to regulate massage establishments separately from the manner in
which they regulate other professional service providers.
AB 1147 further mandates significant reforms to the organization and composition of the
CAMTC Board to include representatives from the League, the California State Association
of Counties, and the California Police Chiefs Association.
Interim Urctencv Ordinances/Moratorium
On January 6, 2015, immediately following the passage of AB 1147, the City Council
adopted Interim Urgency Ordinance No. 02 (2015), placing a temporary ban on the
establishment, expansion or relocation of massage establishments Citywide. The interim
urgency ordinance was adopted to allow staff to study AB 1147, and draft amendments to
the Diamond Bar Municipal Code pertaining to the regulation of massage establishments
that are consistent with the new law. The ordinance was subsequently extended to provide
staff with additional time to study the matter. The moratorium is set to expire on January 4,
2017.
City staff, in cooperation with the Sheriffs Department and the City Attorney's Office, used
this time period to research and develop an ordinance that administers reasonable
regulations to manage massage establishments in the best interests of the community.
21bid, p. 11
3
1188991.1
massage establishments not be permitted in the C-1 (Neighborhood Commercial) zone
because many C-1 areas are limited in service uses and are often near residential
neighborhoods.
o Tattoo Parlors
Staff recommends that the process of amending the City's massage regulations be used
as an opportunity to concurrently revise the land use provisions for tattoo parlors so that
they are consistent with recent case law.
Presently, there are no tattoo parlors located in the City. However, tattoo parlors are
currently listed as a subcategory of "personal services" and as a use permitted with a
Conditional Use Permit in the OP (Office, Professional), OB (Office, Business), CO
(Commercial Office), C-1, C-2 and C-3 zones. Conditional Use Permit requirements have
been applied to tattoo parlors in recognition of their potential to result in secondary
negative impacts, such as an increase in crime and the sale of illegal drugs immediately
surrounding tattoo parlors and the impairment of the market values and aesthetic and
visual qualities of the properties adjacent to tattoo parlors.
In 2010, the 9th Circuit Court of Appeal rule, in Anderson v. City of Hermosa Beach, that
the City of Hermosa Beach's total prohibition on the establishment and operation of tattoo
parlors within the city was unconstitutional, and that cities may only impose reasonable
"time, place, and manner" regulations on such activities. The Ninth Circuit held, as a
matter of first impression, that a tattoo itself, the process of tattooing, and the business of
tattooing are pure forms of expression fully protected by the First Amendment to the United
States Constitution, and that the City of Hermosa Beach's total ban on tattoo parlors was
not a reasonable "time, place, or manner' restriction. The 11th Circuit recently reached a
similar conclusion in Buehrle v. City of Key West. The City's current zoning regulations,
which apply a conditional use permit requirement to all tattoo parlors seeking to locate in
the City, could be called into question in light of these recent decisions. Therefore, staff is
proposing that tattoo parlors be permitted by right in the C-3 zone, but be prohibited in all
other zoning districts in the City. The C-3 zone was chosen because properties under this
designation are located on major intersections within the City and are near other service-
oriented uses. Staff believes that the C-3 zoning district affords sufficient opportunities
should a tattoo parlor seek to locate in the City in the future.
Section 22.30.040 — Number of parking spaces required.
A minor terminology clarification in Table 3-10 is proposed. No substantive changes to the
parking requirements for personal services are proposed.
Section 22.42.020 — Adult-oriented businesses.
The term "massage parlor" is proposed to be removed from the minimum
location/separation requirements for adult-oriented businesses. AB 1147 prohibits
jurisdictions from defining a massage establishment as adult entertainment, or otherwise
regulating a massage establishment as adult entertainment.
1188991.1
notice would be mailed is greater than 1,000, a local agency may provide notice by placing
a display advertisement of at least 1/8 page in one newspaper of general circulation. A
copy of the public notice was also posted at the City's three designated community posting
sites.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a Resolution recommending
approval of Development Code Amendment No. PL2015-205 to the City Council.
Prepared by:
Mayuko Nakajima
Associate Planner
Reviewed by:
Greg Gubman, AICP
Community Development Director
Attachments
Prepared by:
Grace S. ee
Senior Planner
1. Draft Resolution of Approval No. 2016 -XX
2, Redline of Proposed Changes to Title 5: Business Licensing (For information
only)
3. List of Existing Massage Establishments
4. Map of C-2 and C-3 Zoning District
5. Redline of Proposed Changes to Title 22: Development Code
7
1188991.1
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13, 2016
CALL TO ORDER:
ATTACHMENT 4
Chair/Mahlke called the meeting to order at 7:00 P.M. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chair/Wolfe led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Naila Barlas, Frank Farago, Ken Mok,
Vice Chair Raymond Wolfe and Chair Jennifer Mahlke
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima,
Associate Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS:
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Special Meeting of August 10 2016 Joint General Plan
Update Kickoff Meeting of the City Council and Planning Gommission.
C/Mok moved, Chair/Mahlke seconded, to approve the Minutes of the
Special Meeting of August 10, 2016, Joint General Plan Update Kickoff
Meeting of the City Council and Planning Commission as presented.
AYES: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe,
ChairlMahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
4.2 Minutes of the Regular Meeting of August 23, 2016.
VC/Wolfe moved,C/Barlas seconded, to approve the Minutes as presented.
- ar -- ed _._ ... —
Motion carriby the fo—
1lowing Roll Call vo te:
SEPTEMBER 13, 2016
AYES:
NOES:
ABSTAIN:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
PAGE 2 PLANNING COMMISSION
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARING(S):
None
III=
Barlas, Farago, Mok, VC/Wolfe
None
Chair1Mahlke
None
7.1 DEVELOPMENT CODE AMENDMENT NO. PL2015-205— Under the
authority of Diamond Bar Municipal Code Section 22.70, the City of
Diamond Bar proposes to amend certain sections of the Development Code
in order to establish massage regulations and requirements consistent with
Assembly Bill 1147 as well as, revise the land use provisions for tattoo
parlors to be consistent with recent case law. The project Includes a request
to amend the following sections of Title 22 of the Diamond Bar Municipal
Code (Development Code): 22.10.030, 22.30.040, 22.42.020, and
22.80.020.
Project Address: Citywide
Applicant: City of Diamond Bar
AP/Nakajima presented staffs report and recommended that the Planning
Commission adopt a Resolution recommending City Council approval of
Development Code Amendment No. PL2015-205.
Chair/Mahlke opened the public hearing.
Mathew Ulveno asked if one of the (current) massage establishments would
have to move if this code amendment passed. Chair/Mahlke responded
that her understanding is that current massage establishments become
"legally non -conforming" which means that they continue doing business.
However, if they decide to expand or intensify their business they must
reapply and the project must fall within this directive, if approved by the City
Council.
lee Salas, owner of Massage Envy, said that every 10 years her -
establish m-. ant-must—go-to-its_-fhanic
er_establishm:ant-must—go-to-its__franc .&oLand update xhe interior of their_.
premises to keep it clean and fresh and wanted to know if that at that point
the establishment would continue as "legal non-conforming/grandfathered
in" or fall under the amendment.
SEPTEMBER 13, 2€316 PAGE 3 PLANNING COMMISSION
ACA/Eggart responded that if a legal non -conforming business wanted to
increase its square footage (size of the structure) it would not be allowed to
do so in that location and would have to remain within the same building
footprint/square footage.
CDD/Gubman further explained that with respect to Ms. Salas's business,
it would be a non -conforming use because that business does not currently
have a Conditional Use Permit. The business is located in a zone that
allowsmassageestablishments and if Massage Envy wanted to expand in
the future they would have to apply for a Conditional Use Permit. In short,
they are not prohibited from expanding in their current location but to do so,
they would have to obtain a Conditional Use Permit if the ordinance is
adopted as drafted.
Chair/Mahlke closed the Public Hearing
VCNVolfe thanked Assembly Member Bonilla for her leadership in
correcting what to him is clearly an overreach by the State Legislature by
returning the control back to the local municipalities.
Chair/Mahlke asked if there were any pending applications for massage
parlors and CDD/Gubman responded "no."
C/Mok asked if the five establishments that left the City did so on their own
accord. CDD/Gubman responded that they went out of business either
voluntarily or involuntarily due to actions of the Community Development
Director.
VCNVolfe moved, C/Mok seconded, to recommended adoption of a
Resolution recommending City Council approval of Development Code
Amendment No. PL2015-205. Motion carried by the following Roll Call vote:
AYES:i COMMISSIONERS: Barlas, Farago, Mok, VCNVolfe,
Chair/Mahlke
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
- -hair/Mablk-eexplained that-she-missed-tbe-last-meeting because-she_was..out-of _.._
state to help her sister with an early delivery of her baby while her husband was
out of the state and she was so distracted she failed to let staff know she would be
absent.
SEPTEMBER 13, 2016 PAGE 4 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that there are two items scheduled for the
September 27, 2016, agenda — the exterior facelift modernization of the
Holiday Inn located in the Gateway Corporate Center and a new single
family residence in The Country. He will not be able to attend the
September 27 meeting and SP/Lee will conduct the meeting in his stead.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Mahlke adjourned the regular meeting at 7':24 p.m.
The foregoing minutes are hereby approved this 27th day of September, 2016.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
,,V
t) nifeAMMilke, Chairperson
ATTACHMENT 5
PLANNING COMMISSION
RESOLUTION NO. 2018-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
PROPOSED AMENDMENTS TO TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE - PLANNING CASE NO. ISL 2015-205.
A. RECITALS
1. There is substantial research that indicates that skillful practice of
massage can provide many health benefits, including relief of pain from
disease, injury and other sources, and that massage can be a valuable
component of a wellness program_
2. In 2008, the California Legislature passed SB 731 which added a new
Chapter 10.5 to the California Business and Professions Code which
provided for the formation of a nonprofit Massage Therapy Organization to
oversee a state -sanctioned program of voluntary certification for massage
practitioners so that such persons could avoid being required to obtain
local massage permits.
3. In compliance with SB 731, the City of Diamond Bar amended Chapter 22
of the Diamond Bar Municipal Code.
The changes that the City was required to make in compliance with
SB 731 and the subsequent amendments thereto severely limited the
manner in which the City could regulate massage establishment
businesses.
5. Prior to SB 731, the City required conditional use permits for massage
establishments and at the time of SB 731's effective date, the City had
four massage establishments.
6. Since the passage of SB 731 the number of massage establishments in
Diamond Bar has grown from four to fifteen, and currently ten massage
establishments are in operation in the City.
7. The proliferation of massage establishments without adequate regulations
has had many negative impacts in the City, including, but not limited to,
the proliferation of illicit businesses and impacts on City services.
8. SB 731 had a sunset date of January 2, 2015.
9. In September 2014, the Legislature adopted AB 1147, amending the laws
enacted by SB 731 and the various amendments thereto.
10. The purpose of AB 1147 was to restore much of the local control and land
use authority to local governments which had been usurped by SB 731
and the various amendments thereto.
11. On January 6, 2015, the City Council adopted Interim Urgency Ordinance
No. 02 (2015), prohibiting the establishment, expansion or relocation of
massage establishments Citywide for a period of 45 .days. The urgency
ordinance was subsequently extended 10 months and 15 days on
February 3, 2015, and again foroneyear on December 1, 2015.
12. The City is presently developing proposed amendments to Title 5 of the
Diamond Bar Municipal Code in order to make changes in its regulation of
massage establishment businesses and the practice of massage
consistent with AB 1147 in order to protect the public.
13. In conjunction with the proposed amendments to Title 5 pertaining to the
regulation of massage establishments, the City desires to amend Title 22
of the Diamond Bar Municipal Code in order to revise the City's
regulations pertaining to the permissible locations and permit
requirements for massage establishments.
14. There are no tattoo parlors currently located in the City; however, it is
recognized that the establishment of tattoo parlors in the City has the
potential to result in secondary negative impacts, such as an increase in
crime and the sale of illegal drugs immediately surrounding tattoo parlors
and the impairment of the market values and aesthetic and visual qualities
of the properties adjacent to tattoo parlors. Accordingly, the City also
desires to amend Title 22 of the Diamond Bar Municipal Code to provide
that tattoo parlors shall be a permitted use in the C-3 zoning district. The
C-3 zoning district will afford sufficient opportunities should a tattoo parlor
seek to locate in the City in the future and is an appropriate zoning district
for tattoo parlors to be established in because properties within this zoning
designation are located on major intersections within the City and are near
other service-oriented uses.
15. Pursuant to Government Code Section 65090 and 65353, a notice of at
least 118 page display was published in the Inland Valley Daily Tribune
and San Gabriel Valley Tribune newspapers on September 2, 2016, a
copy of the public notice was posted at the City's three designated
community posting sites, and notified the existing establishments by mail..
1.6. The City has determined -that the {proposed- Development Code
Amendment is not subject to the California Environmental Quality Act
("CEQX) because it can be seen with certainty that the proposed
Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment
2 PC Resolution No. 201623
(Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is
covered by the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to
organizational or administrative activities of govemments that will not
result in direct or indirect physical changes in the environment
(Section 15378(b)(5) of the CEQA Guidelines). The proposed
Development Code Amendment merely limits the zoning districts in the
City in which. massage establishments and tattoo parlors may be located
and establishes permitting requirements for these uses, but does not
expand the areas in the City in which such uses may be established. The
changes provide the City with the authority to better regulate these
businesses and the regulatory changes will not create any environmental
impact. Therefore no further environmental review is required.
17. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding the proposed Development Code Amendment
reflected in the draft ordinance attached hereto as Exhibit "A" and
incorporated by reference into this Resolution, and duly considered all
public testimony, evidence, and staff analysis.
18. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
19. All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. PL 2015-205 by adopting the
amendments to Title 22 of the Diamond Bar Municipal Code described in
the draft ordinance attached hereto as Exhibit "A° and incorporated herein
by reference.
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
3 PC Resolution No. 2016-23
(b) Forthwith transmit a certified copy of this Resolution to the City
Council of the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13TH DAY OF SEPTEMBER, 2016 BY THE
PLANNING COMMISSION OF THE CIT Y OF DIAMOND BAR. "
By: A� ,6�'flClr
e nifer la I <e, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of September, 2016, by the following vote:
AYES: Commissioners: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke
NOES: Commissioners: crone
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
6- DCA PL2015-205
1188992.1
Exhibit "A
ORDINANCE. NO. XX (2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE
22OFTHE MUNICIPAL CODE -PERTAINING TO THE PERMISSIBLE
LOCATIONS AND PERMIT - REQUIREMENTS FOR MASSAGE
ESTABLISHMENTS AND TATTOO PARLORS.
WHEREAS, on September 13, 2016, the. Planning Commission held a duly
noticed public hearing regarding proposed amendments to the Development Code
pertaining to massage establishments and tattoo parlors, Planning Case No. PL 2015-
205, and adopted Resolution No. 2016 -XX recommending City Council approval of said
Development Code Amendments; and
WHEREAS, on 2016, the City Council held a duly noticed
public hearing regarding the proposed Development Code Amendments; and
WHEREAS, the City Council finds that this Ordinance is not subject to the
California Environmental Quality Act ("CEQA") because it can be seen with certainty
that the proposed Development Code Amendments will not result in a direct or
reasonably foreseeable indirect physical change in the environment (Section
15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061 (b)(3) of the CEQA Guidelines) and does not apply
to organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment (Section 15378(b)(5) of the CEQA
Guidelines); and
WHEREAS, the City Council hereby adopts the facts and reasons stated in
Planning Commission Resolution No. 2016 -XX, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses in the office professional (OP), office business park (OB), and commercial
office(CO) zoning districts and to clarify that all other types of "personal services" land
uses are permitted uses in such zoning districts (deletions in .,#4et rptSh text;,
additions in bold/underline text):
11889932
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
ZONING DISTRICTS
LAND USE I OP OB(3) CO
SERVICE USES
Personal services excluding
P
P
P
massage establishments and
tattoo arlors
P-eFSG„al seW1Ges AGupfessure
CUP (6)
C v-ra)
QWP (6)
Notes:
wrol IN 010-10-1-
C-1
,,,
C-3
SECTION 2. -Table 2-6 of Section 22.10.030 (Commercial/industrial
district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond
Bar Municipal Code is amended as follows to specify that "acupressure," "massage
therapy," and "tattoo parlors" are no longer conditionally permitted "personal services"
land uses i�e-in the neighborhood commercial (C-1), community commercial (C-2),
and regional commercial (C-3) zoning districts; that "massage establishments" are a
conditionally permitted "personal services" land use in the community commercial (C-2)
and regional commercial (C-3) zoning districts; ,and that "tattoo parlors" are now a
permitted "personal services" land use in the regional commercial (C-3) zoning district
(deletions int Lm titt FGUgh text; additions in boldfunderline text):
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
LAND USE
C-1
C-2
C-3
I
See
Standards in
Section_
SERVICE USES
Personal services
5.08.070,
-
22.42.077
massage t.,parlers
CUP --M
CUP (66) CUP (6}
Massage
establishments
Personal
services—
P
Tattoo parlors
1188993.2
Notes:
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in stFikethrough text; additions in boldlunderline text):
SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented
businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended
as follows (deletions in stFikethrough text; additions in boldlunderline text:
(6) Locafion/separafion requirements. It is unlawful to cause or allow the
establishment of an adult arcade, adult bookstore, adult cabaret, adult motel,
adult motion picture theater, or adult theater�T cyo r-''^' within 500 feet of
any other similar adult business, religious institution, school, public park or any
property designated for residential use or used for residential purposes.
SECTION 5. Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "massage establishment" and to revise the definition
of "personal services" (deletions in „tnke� text; additions in boldlunderline text):
(m) Definitions, W." The following definitions are in alphabetical order:
(p) Definitions, "P." The following definitions are in alphabetical order:
1188993.2
Personal services. Establishments providing nonmedical services to
individuals as a primary use, including:
;fie
Clothing rental
Dry cleaning pick-up stores -
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to
the services provided.
SECTION 6. Any land use constituting a "massage establishment' as
defined in Section 5 of this Ordinance that was legally established and operating with a
valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar
Municipal Code, and all other required City permits or approvals prior to the effective
date of this Ordinance, and that is made nonconforming by this Ordinance because no
approved Conditional Use Permit for the use exists and/or the use is not located in a
zoning district in which such a use is permitted pursuant to the provisions adopted or
amended by this Ordinance, shall be considered a nonconforming use subject to the
provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22
of the Diamond Bar Municipal Code; provided, however, that all such nonconforming
uses shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code,
as amended.
SECTION 7. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and_ each section,_
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had {
been declared invalid or unconstitutional.
1188993.2
SECTION 8. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar 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.
SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02
(2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use
permits or business licenses for establishment, expansion, or relocation of massage
establishments Citywide, shall be deemed repealed and of no further force and effect.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
1- W
cy A. Lyons, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 18th day of
October 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
1188993:2
Located in the OP zone
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List of
Business Name
Massage Establishments in Operation
as of September
Address Date
Approved
CUP
CAMTC
(owners)
CAMTC
(techs)
Background
Check
Non-
conforming
1
6 Star Villa Footspa
20915 Golden Springs Dr 6/2/2014
No
Yes
Yes
No
Yes
2
AA & FC Health Center
(Acupuncture & Massage)
1125 Grand Ave 11/24/2008
No
Yes
Yes
No
Yes
3
Health Club House
20627 Golden Springs Dr#1-0 12/8/2009
CUP #09-50
Yes
Yes
No
No
4
Sakura Foot Spa
21343 Cold Spring Ln 3/9/2010
CUP #09-94
No
Yes
Yes
No
5
YST Massage -Dynasty
Health Inc.
21034 Golden Springs #D8 11/15/2012
No
Yes
Yes
No
Yes
6
Massage Envy
1195 S. Diamond Bar 11/21/2011
No
No
Yes
No
Yes
7
A Plus Angel Massage & Good
Life Accucare
2707 S. Diamond Bar #101* 9/4/2012
No
Yes
Yes
No
Yes -
8
Diamond Foot Spa
1118 S. Diamond Bar 4130/2010
No
Yes
Yes
No
Yes
9
Jiulin Inc. (Wonderful Massage)
1155 S. Diamond Bar #O 5/12/2014
No
Yes
Yes
No
Yes
10
Rainbow Massage
23445 Golden Springs Dr 11/26/2014
No
Yes
Yes
No
Yes
Located in the OP zone
n
2
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City of Diamond Bar
Massage Establishment Locations Attachmen4
In Operation as of September 13, 2016
Business Name
Address
•
6 StarUlla Footspa
20915 Golden Springs Dr
ATTACHMENT 2
ORDINANCE NO. 06(2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
FOLLOWING SECTIONS OF TITLE 5 OF THE MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSING, MASSAGE
ESTABLISHMENTS, AND MASSAGE TECHNICIANS: 5.00.080;
5.04.010; 5.04.020; 5.04.050; 5.04.060; 5.04.070; 5.04.080; 5.04.100;
5.04.110; 5.04.130; 5.04.140; 5.08.010; AND 5.08.070.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
A. The City Council desires to amend certain provisions of Title 5 of the
Diamond Bar Municipal Code to revise certain general provisions relating to the
issuance of business licenses and to make changes in the City's regulation of massage
establishment businesses and the practice of massage consistent with the provisions of
Assembly Bill 1147, which took effect on January 1, 2015.
B. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") because it can be seen with certainty that the
proposed Code Amendments will not result in a direct or reasonably foreseeable
indirect physical change in the environment (Section 15060(c)(2) of the CEQA
Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to
projects that have the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment (Section 15378(b)(5) of the CEQA Guidelines).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Section 5.00.080 of Title 5, Chapter 5.08 of the Diamond Bar
Municipal Code is amended as follows (deletions in str lkgh text; additions in
bold/underline text):
Sec. 5.00.080. - Temporary IiGeRse Reserved.
1
SECTION 2. Section 5.04.010 (Investigation of specific businesses) of
Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows
(deletions in strikethrough text; additions in bold/underline text):
Sec. 5.04.010. — Investigation of specific businesses.
(a) Upon receipt of an application for one of the following businesses, the
director or his or her designee shall conduct an investigation and criminal
background check on the applicant(s), and managerial staff as deemed
necessary by the director, and may obtain reports from the sheriffs
department, building and safety, fire department, county health department,
and any such other information as he or she deems necessary to determine
if the criteria for issuance of a business license have been met:
(1) Ar i r Rd aGUpressure tech RiGiapc
(21)Adult oriented businesses (as defined in section 22.80.020 of this Code)
(32)Alarm systems.
(43)Alcoholic beverage sales (off-site consumption).
(54)Bars, cocktail lounges and taverns.
(65)Computer services/network gaming center (as defined in section
22.80.020).
(7,6)Firearm dealers.
(87)lndoor amusement/entertainment facilities (as defined in section
22.80.020).
(68)Massage establishments and ^ e teG n' ns
(4-89) Pawnbrokers and secondhand dealers.
(4-4-10) Peddling -solicitation.
(4-2LI) Psychic reading (as defined in section 22.80.020 of this Code).
(4-312) Tow trucks and towing companies.
SECTION 3. Subsection (a)(4) of Section 5.04.020 (Application) of Title 5,
Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in
tr k ggh text; additions in bold/underline text):
(4) Whether or not the applicant or any person or persons responsible for the
management or supervision of applicant's business have been within the
previous five ten years, convicted of a crime, the nature of such offense, and
the sentence received therefore including conditions of parole or probation, if
any;
SECTION 4. Subsection (a)(4) of Section 5.04.050 (Grounds for denial of
business license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is
amended as follows (deletions in str kt:rough text; additions in bold/underline text):
2
(4) Conviction of any crime within the past five ten years where the trait shown is
inconsistent with carrying on the business, occupation, or activity for the benefit
of the public;
SECTION 5. Subsection (b) of Section 5.04.060 (Effect of business
license denial) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended
as follows (deletions in st kthrough text; additions in bold/underline text):
(b) Appealability. Any person dissatisfied by the city's decision to grant, deny or
condition a business license may appeal that decision to the seuneil city
manager in a manner provided section 5.04.080.
SECTION 6. Subsection (b) of Section 5.04.070 (Conditions of approval)
of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as follows
(deletions in st k� ,< hrGugh text; additions in bold/underline text):
(b) Application to change conditions. The sits -council director may change,
modify or eliminate any conditions previously placed on a license upon
written request if it finds that the reasons for the original imposition of such
conditions have been cured or no longer exist. onnr,.n+'nns +n nhange
.J'+' h II d r n ears e Rt
Gv�����v�.... w...h.. .. +'d + f rhl'hearing n n mnnnor nnnist_ __
i'+h +�T
SECTION 7. Section 5.04.080 (Appeal) of Title 5, Chapter 5.04 of the
Diamond Bar Municipal Code is amended as follows (deletions in StFikethrough text;
additions in bold/underline text):
Sec. 5.04.080. –Appeal.
(a) Any person dissatisfied with a decision of the city to approve, deny or
condition a business license application may appeal the decision to the city
ceuneit city manager by filing with the city clerk a notice of appeal within 15
days of the date of mailing of the decision.
(b) A notice of appeal shall be signed by the appellant or the legal representative
of the appellant and shall state that the appellant appeals from a specified
decision or a particular part thereof. The notice of appeals shall be
accompanied with the required appeal fee, as set by resolution of the city
council.
(c) If a timely appeal is filed, the effect of the decision shall be stayed pending
the council's city manager's resolution of the matter unless the director
specifically finds that the public health and safety is endangered, in which
case the decision shall take effect immediately.
SECTION 8. Section 5.04.100 (Appeals—Hearing procedure) of Title 5,
Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in
str'L gh text; additions in bold/underline text):
Sec. 5.04.100. -Appeals—Hearing procedure.
(a) The city GGuneil city manager shall conduct the appeal hearing de novo and
shall hear and consider evidence, argument and points and authorities of law,
and may require parties before it to submit such argument and points and
authorities of law prior to rendering any decision. The hearing will be held as
provided in section 5.04.130.
(b) The decision of the city manager shall be final.
SECTION 9. Section 5.04.110 (Modification, suspension or revocation) of
Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is as follows (deletions in
stF keg". text; additions in bold/underline text):
Sec. 5.04.110. – Modification, suspension or revocation.
Any license issued by the city may be conditioned, modified, suspended or
revoked for cause by the Gity council director in accordance with section
5.04.140.
SECTION 10. Section 5.04.130 (Procedure for hearing) of Title 5, Chapter
5.04 of the Diamond Bar Municipal Code is amended as follows (deletions in
str k gh text; additions in bold/underline text):
Sec. 5.04.130. – Procedure for hearing.
(a) The licensee or legal representative of the licensee shall have the right to
bring witnesses to testify on his or her behalf.
(b) Hearings need not be conducted according to technical rules relating to
evidence and witnesses.
(c) The city GounG 1 director / city manager shall issue its de on by ,^ r ttRa
dpo;rion a decision in writing. The decision shall contain a determination of
the issues presented.
(d) Th deGiseR of the o'4v Una l shall be final Appeals of the director's
decision shall follow the appeal procedures set forth in sections
5.04.080 through 5.04.100.
SECTION 11. Section 5.04.140 (Grounds for revocation of business
license) of Title 5, Chapter 5.04 of the Diamond Bar Municipal Code is amended as
follows (deletions in st" key" text; additions in bold/underline text):
Sec. 5.04.140. – Grounds for revocation of business license.
The city council director may condition, suspend or revoke a business license if
the GounGil director finds any of the following:
(a) The aaolicant for the business license made a false statement in any
application for a license or permit or in any report required under this
titL
0
(b) That any grounds or circumstances exist that would have justified
denial of a business license application;
(ac)The licensee, manager or employees have failed to maintain the premises
in a neat and clean condition and have allowed the business premises to
deteriorate and become blighted;
(bd) That the building, structure, or equipment used in the conduct of the
business does not comply with or fails to meet any health, zoning, fire, or
building and safety laws of the State of California or the Diamond Bar
Municipal Code;
(Ge)That the licensee, manager or employees have violated any statute or any
ordinance of the Diamond Bar Municipal Code resulting from any act
performed in the exercise of any rights permitted by the issuance of the
license;
(df) That the licensee, manager or employees have violated any provision of
federal or state law or any provision of the City of Diamond Bar Business
License Ordinance, the City of Diamond Bar Municipal Code or any other
statute, rule, permit or regulation on the business premises or relating to the
licensed activity;
(eg) That the licensee has failed or refused to notify the city of any change in
facts as required by this title within ten days after such change;
(fh) That the licensee, manager or employees have permitted, allowed or failed
to prevent the use of the business as a base or magnet for unlawful or
criminal activity, including, but not limited to, solicitation, prostitution and
drug trafficking;
(gi) The licensee, manager or employees have allowed or failed to discourage
criminal or otherwise unlawful activity to occur on or immediately adjacent
to the business premises;
(hj) The licensee, manager or employees have failed to control the actions of
the businesses' patrons in and immediately adjacent to the business
premises; or
(ik) That the licensee has conducted the licensed business in a manner
contrary to the peace, health, safety and the general welfare of the public.
SECTION 12. Section 5.08.010 (Acupressure) of Title 5, Chapter 5.08 of
the Diamond Bar Municipal Code is amended as follows (deletions in Gtr k� hrough text;
additions in bold/underline text):
Sec. 5.08.010. - Afire sure.Reserved,
01
SECTION 13. Section 5.08.070 (Massage establishments and massage
technicians) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is repealed in
its entirety and replaced with new Section 5.08.070 to read as follows:
(a) Findings and Purpose. The city council finds and declares as follows:
(1) The permit requirements and restrictions imposed by this section are
reasonably necessary to protect the health, safety, and welfare of the citizens
of the city, while recognizing massage as a legitimate business interest that
provides benefits to its patrons in a therapeutic setting.
(2) The city is authorized to regulate massage establishments pursuant to the
State Constitution, Cal. Gov't Code §§ 37100, 51030 et seq., California
Business and Professions Code §§ 460, 4600 through 4620 and § 16000, § 13
of the Chiropractic Act (initiative measure approved by the electors November
7, 1922, and amended) and Section 7 of Article XI of the California
Constitution.
(3) There is a significant risk of injury to massage clients by improperly trained
and/or educated massage practitioners and this chapter provides reasonable
safeguards against injury and economic loss.
(4) There is opportunity for acts of prostitution, lewdness, and other unlawful
sexual activity to occur in massage establishments, as well as for the use of
massage establishments as venues to facilitate human trafficking. Courts have
long recognized massage as a pervasively regulated activity and that massage
establishments are often brothels in disguise. The establishment of reasonable
standards for issuance of permits and restrictions on operations would serve to
reduce the risk of illegal activity and would thereby benefit the public health.
(5) The provisions of this section are intended to enhance the efficient processing
of permits for massage establishments, owners and managers and the ongoing
regulation of those permittees and certificate holders by the City of Diamond
Bar. The provisions of this chapter in no way limit the authority of the city to
inspect massage establishments or conduct investigations to ensure
permittees are complying with applicable rules and regulations.
(6) The restrictions and requirements contained in this section are intended to stop
the practice of businesses quickly changing ownership in name upon the
discovery of criminal activity by the city.
(7) The restrictions and requirements contained in this section are intended to be in
addition to the requirement of a valid business license issued pursuant to this
title.
(8) The regulations and restrictions contained in this section are intended to
discourage massage establishments from degenerating into houses of
prostitution, and the means utilized in this section bear a reasonable and
9
rational relationship to the goals sought to be achieved within the confines
allowed by state law.
(9) The provisions of this section are not intended to be exclusive, and compliance
therewith shall not excuse noncompliance with any state or local laws or
regulations that are uniformly applied to other professional or personal service
businesses.
(10)Pursuant to State law, the California Massage Therapy Council ("CAMTC)
regulates massage technicians in order to protect the public, and it is in the
public interest to require that all persons providing massage in the city have a
certificate from CAMTC.
(b) Exceptions. Except as otherwise expressly provided, the requirements of this
section shall have no application and no effect upon and shall not be construed as
applying to:
(1) Treatment of services administered or provided in good faith by a physician,
surgeon, chiropractor, acupuncturist, osteopath, physical therapist, nurse, or
any other person licensed to practice any healing art under the provisions of
Cal. Bus. & Prof. Code Div. 2 (commencing with § 500) while in the course of
engaging in practices within the scope of his or her professional license.
(2) State -licensed hospitals, nursing homes, sanatoriums, or other health care
facilities duly licensed by the State of California, or activities engaged in by the
employees of such facilities in the course of their employment while working on
the premises of such state -licensed facilities.
(3) The activities of coaches or trainers employed by accredited junior high
schools, high schools, junior colleges, colleges or universities while acting
within the scope of their employment.
(4) Barbers, beauticians, or manicurists who are duly licensed by the State of
California pursuant to the Barbering and Cosmetology Act set forth in Cal. Bus.
& Prof. Code §§7300 et seq., as the same may be amended from time to time,
while engaging in practices within the scope of such license, except that this
exemption applies solely for the massaging of the neck, face, and/or scalp of
the customer or client of said barber or beautician or, in the case of a licensed
manicurist, the massaging of the forearms, hands, calves, and/or feet at a
state -licensed facility. Any business employing state -licensed barbers,
beauticians, or manicurists at which massage services not otherwise exempted
pursuant to this section are also provided shall be considered a massage
establishment and must comply with all provisions of this section.
(5) Schools of cosmetology or barbering which comply with the requirements of
Cal. Bus. & Prof. Code §§7362 et seq. when instructors are acting within the
scope of _their empl_o_Xment or when students_ are working as unpaid externs
pursuant to the requirements of Cal. Bus. & Prof. Code §7395.1.
(6) Activities of any other business or professions to the extent exempted by state
law.
7
(c) Definitions. For purposes of this section, the following terms shall have the following
meanings:
(1) Acupressure means the practice of placing physical pressure by hand, elbow,
or with the aid of various devices on the same points on the surface of the
body targeted in acupuncture with the intention of treating illness and/or
disease or relieving pain.
(2) California Massage Therapy Council or CAMTC means the nonprofit
organization created to regulate and issue massage practitioner and therapist
certificates pursuant to California Business & Professions Code §§4600 et.
seq.
(3) CAMTC Certificate shall mean a certificate, issued by CAMTC, certifying
completion of the required curriculum in massage training.
(4) Employee includes every owner, partner, operator, manager, supervisor,
person and worker, whether paid or not, full-time or part-time, who renders
personal services of any nature or is otherwise employed in support of the
operation of a massage establishment. For purposes of this chapter, the
terms employee shall also include certified massage technicians who provide
massage services, whether as independent contractors or otherwise, in or for
a massage establishment.
(5) Manager means any individual designated or permitted by the owner of a
massage establishment to act as the representative and/or agent of the owner
in managing day-to-day operations of the massage establishment, with
corresponding responsibilities. Evidence of management includes, but is not
limited to, the ability of the individual to direct or hire and dismiss employees,
control hours of operation, create policy or rules or purchase supplies, and
ensuring that the massage establishment complies with the requirements of
this code and of other laws. An owner or operator may also be a manager,
and a massage establishment may have more than one manager.
(6) Massage and Massage Services means any method of treating the external
parts of the body for remedial, health, hygienic, or relaxation purposes for
compensation and includes, but is not limited to, treatment by means of
manual pressure, acupressure, friction, stroking, kneading, rubbing, tapping,
pounding, vibrating, with or without the aid of or by means of any mechanical,
electronic, or other apparatus, and with or without rubbing alcohol, liniments,
aromatics, antiseptics, oils, powders, creams, lotions, ointments, or other
similar preparations. Massage specifically includes the application of any of
these methods to the scalp, neck, or feet of any individual.
(7) Massage Establishment shall mean any business or establishment having a
fixed location where any individual, firm association, partnership, limited
liability company, corporation, or combination of individuals, offers, engages
in, conducts, carries on or permits to be offered, engaged in, conducted or
carried on, massage services or out -call massage within the city, including the
residence or business office of a sole provider who provides massage
services at such premises. Any type of business or establishment at which
massage services are provided shall be considered a massage establishment
for purposes of this chapter, regardless if the business holds itself out as
something other than a massage establishment and/or offers or provides
other types of products or services. Notwithstanding the foregoing, the
residence or business office of a sole provider who only engages in out -call
massage and does not provide massage services at such residence or
business office shall not be considered a massage establishment.
(8) Massage Practitioner means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(9) Massage Technician shall mean a massage practitioner or massage
therapist certified by CAMTC.
(10)Massage Therapist means a person who is certified as such by CAMTC in
accordance with the Massage Therapy Act.
(11)Massage Therapy Act means chapter 406 of the 2013-2014 Legislative
Session, as the same may be amended from time to time.
(12) Operator means any individual with direct responsibility, in whole or part, for
the ongoing operations of a massage establishment. An operator may, but
need not, also be an owner or a manager.
(13)Out-Call Massage means the provision of massage services at a location
other than at a massage establishment.
(14) Owner means any individual or entity that has a direct or indirect ownership
interest of more than ten percent (10%) in a massage establishment or that is
an officer, director, or limited liability company manager of such an owner.
The term owner may include, without limitation, the sole proprietor of a sole
proprietorship, any general or limited partner of a general or limited
partnership, any member or manager of a limited liability company, any
shareholder, officer, or director of a corporation, or any other person that has
an ownership interest of more than ten percent (10%) in a massage
establishment, whether as an individual, corporation, limited liability
company, general partner, limited partner, shareholder, member, officer,
director, or otherwise.
(15)Patron means an individual on the premises of a massage establishment for
the purpose of receiving a massage.
(16)Sole Provider means any legal form of business organization owned entirely
by an individual massage technician, where such owner is the only individual
who provides massage services for the business and that has no other
9
employees or independent contractors that provide massage services for or
on behalf of the business.
(d) CAMTC Certificate and business license requirements for massage services.
(1) Except as otherwise provided in subsection (b), no individual shall engage in,
conduct, carry on, practice or perform massage services within the city without
first obtaining and thereafter maintaining a CAMTC Certificate and presenting
proof of such CAMTC Certificate to the city in accordance with the provisions of
this section.
(2) Except as otherwise provided in subsection (b), no person shall engage in,
conduct or carry on, or permit to be engaged in, conducted, or carried on, in or
upon any premises within the city, the operation of a massage establishment
without first obtaining and thereafter maintaining a massage establishment
business license pursuant to this section.
(3) No owner, operator, or manager of a massage establishment shall employ,
retain, or allow any individual to perform massage services in the city unless
such individual possesses a current and valid CAMTC Certificate. For
purposes of this section, an owner, operator, or manager employs, retains, or
allows an individual to perform massage services if (i) that individual is an
employee of the massage establishment, (ii) that individual's association with
the massage establishment is that of an independent contractor who receives
compensation for massage services provided to patrons of the massage
establishment, or (iii) that individual receives a patron referral or referrals from
the massage establishment for massage services and arranges in any way for
compensation relating to such services to flow to such owner, operator,
manager or massage establishment.
(e) Massage establishment business licenses generally.
(1) Where a conditional use permit is required pursuant to title 22, a business
license application for a massage establishment shall be filed concurrently with
the conditional use permit application. The business license for the massage
establishment shall not be issued until the conditional use permit has been
approved.
(2) Massage establishment business licenses issued pursuant to this chapter may
not be assigned or transferred.
(3) The owner or operator of a massage establishment shall notify the director or
his or her designee whenever there is a change in information which was
required to be submitted in the initial or a renewal application for the massage
establishment's business license. Such notification shall be in writing and made
within ten business days of the change on a form provided by the city. If such
change involves the addition of a new operator, manager, or employee who will
be providing massage services, a true and correct copy of the individual's
current CAMTC certificate and CAMTC-issued identification card shall be
provided with the written notification form. If such change involves the addition
of a new owner, operator, or manager, such individual shall not commence
working at or for the massage establishment in such capacity until all
background information required for such individuals pursuant to subsection
10
5.08.070(f) has been provided to the city, the city has completed a background
investigation of the individual, and the director has determined that such
individual has not engaged in prior conduct that would serve as the basis for
denial of a business license for the massage establishment in accordance with
this chapter.
(4) Each owner, operator, and manager of a massage establishment shall be
responsible for the conduct of all employees and independent contractors
working for or on behalf of the massage establishment. Failure of the
employees or independent contractors to comply with the provisions of this
chapter or the Massage Therapy Act may result in the issuance of criminal
and/or administrative citations and shall be grounds for revocation of the
massage establishment business license.
(5) Any requirement of this section applying to an owner or operator shall apply to
each and every owner and operator of a massage establishment.
(f) Application information—Massage establishment businesses. In addition to the
information prescribed by sections 5.00.040(c) and 5.04.020, unless waived by the
director for good cause, all applications for a business license for a massage
establishment must contain the following information and documents.
(1) The full name, home and business addresses, home and business telephone
numbers, and email address of the responsible individual designated by the
applicant to be the City's primary point of contact for the massage
establishment and the business license. This individual shall be an owner or
operator and shall complete and sign all application forms and provide all
required information and documents on behalf of the applicant. By signing the
application, this individual shall certify under penalty of perjury that all
information contained in, and/or submitted as part of the application, including
the personal background information pertaining to each individual owner,
operator, manager, and employee, is true and correct. This individual shall also
acknowledge that he or she, along with each other owner, operator, and
manager, shall be responsible for the conduct of all employees (including
independent contractors) on the premises of the massage establishment or
while working on its behalf, and that violations of the provisions of this chapter
shall be grounds for revocation of the business license.
(2) The legal name(s) of, and each fictitious business name used by, each owner
and operator of the proposed massage establishment and what type of legal
entity each is, i.e., whether a sole proprietorship, general partnership, limited
partnership, limited liability company, corporation, or otherwise. Proof in the
form of certified copies of an entities articles of incorporation, charter, articles of
formation, certificate of limited partnership, dba filings, or other documents may
be required by the director in his or her discretion. For corporations, the name
of the corporation shall be set forth exactly as shown in its articles of
incorporation or charter together with the state and date of incorporation and
-- the names and residence -addresses -0f -each -of its current -officers -and -directors
and of each shareholder or other person who has an ownership interest in the
corporation. For limited liability companies, the name of the limited liability
company shall be set forth exactly as shown in its articles or organization or
other organizational document together with the state and date of organization
11
and the names and residence addresses of each of its current officers,
directors, and managers, and of each member or other person who has an
ownership interest in the limited liability company. For partnerships, the
application shall set forth the name and residence addresses of each of the
partners, including limited partners. If one or more of the partners of a
partnership is a corporation or limited liability company, the provisions of this
subsection pertaining to corporations and limited liability companies shall apply.
(3) The precise name under which the massage establishment is to be conducted,
along with the complete address and all telephone numbers of the massage
establishment. No massage establishment shall operate under any business
name or conduct business under any designation not specified in the business
license.
(4) A scaled and dimensioned floor plan showing entrances, exits, windows, interior
doors, restrooms, all other separately enclosed rooms (including, but not limited
to, closets, storerooms, break rooms, and changing rooms), and the location of
massage tables and chairs.
(5) A complete current list of the names and residence addresses of all current or
proposed employees of the massage establishment and their respective jobs or
positions.
(6) True and correct copies of the current CAMTC certificate and CAMTC-issued
identification card for each employee/massage technician who will be providing
massage services for or at the massage establishment (including independent
contractors).
(7) The following personal information for each individual owner, operator, and
manager of the massage establishment. The director may waive this
requirement, in whole or in part, for any individual where it is shown to the
satisfaction of the director that such individual will not be directly involved in the
operation of the proposed massage establishment.
a. Full complete name and all aliases or fictitious names used within the last
ten years;
b. The individual's current residential and business addresses, and a list of
all previous residential and business addresses for a minimum of the last
eight years;
C. Written proof of the individual's age, date of birth, height, weight, color of
hair and eyes, and sex;
d. Two identification photographs and fingerprints;
e. The individual's complete business, occupation and employment history
for the ten years immediately preceding the filing of the application,
including, but not limited to, the names and addresses of any other
massage establishments or similar businesses the individual has owned,
operated, managed, provided massage services at, or worked -at;
f. The complete massage permit history for the individual; whether the
individual has had a permit or license to operate, manage, provide
massage services at, or work at a massage establishment denied,
revoked, or suspended in any jurisdiction; the reasons for any such denial,
12
revocation, or suspension; and the business, activity, or occupation the
applicant engaged in subsequent to such denial, revocation, or
suspension;
g. A description of all criminal convictions, including pleas of nolo
contendere, within the last ten years, including those dismissed or
expunged pursuant to California Penal Code section 1203.4, but excluding
traffic or infraction violations, and the date and place of each such
conviction and reason therefor;
h. Such other information and identification deemed necessary by the
sheriffs department.
(8) The name and address of the owner and lessor of the real property upon or in
which the massage establishment is to be conducted. In the event the owner of
the massage establishment is not the legal owner of the property, the
application must be accompanied by a notarized acknowledgment from the
owner of the property that a massage establishment will be located on
his/her/its property, and that the massage establishment shall be subject to the
provisions of this chapter, along with a copy of the lease, if applicable.
(g) Issuance or denial of a massage establishment business license. Upon receipt of a
complete application for a massage establishment business license, the director
shall conduct a background investigation, review the application and determine
whether to issue, deny, and/or condition a business license in accordance with this
title. In addition to the grounds for denial set forth in section 5.04.050, the director
may deny an application for an initial or a renewal massage establishment business
license if he or she makes any of the following findings:
(1) A massage establishment is not a permitted use in the proposed location or no
conditional use permit for the massage establishment has been issued, if
applicable, and the massage establishment does not possess legal
nonconforming use status, pursuant to the provisions of title 22, Development
Code.
(2) Within twelve months prior to the submittal of the application, the location of the
proposed massage establishment has been the site of a massage
establishment that was closed, either voluntarily or in response to action by the
city, due to arrests for criminal activity, violations of this section, and/or notices
pertaining to criminal activity, code violations, or business license suspension or
revocation proceedings.
(3) Anyone who provides or will provide massage services for or at the massage
establishment, does not possess a current and valid CAMTC Certificate.
(4) Any owner, operator, manager, or employee of the massage establishment has
engaged in disqualifying conduct. Disqualifying conduct includes the following:
a. Within ten years preceding the date of filing of the application, the
- individualbasbeen_convicted-in-a-court of competent -jurisdiction any
the following:
(i) A violation of any provision of law pursuant to which a person is
required to register under the provisions of California Penal Code
section 290;
13
(ii) Conduct in violation of California Penal Code sections 266h, 266i,
315, 316, 318, 653.22, 653.23, or 647 (b);
(iii) An attempt to commit or conspiracy to commit any of the above
mentioned offenses;
(iv) When the prosecution accepted a plea of guilty or nolo contendere
to a charge of a violation of California Penal Code sections 415,
602, or any lesser included or related offense, in satisfaction of, or
as a substitute for, any of the previously listed crimes;
(v) Any crime committed while engaged in the management or
ownership of a massage establishment or the practice of massage;
(vi) A violation of any offense involving the illegal sale, distribution or
possession of a controlled substance specified in California Health
& Safety Code section 11054, 11055, 11056, 11057 or 11058; or
(vii) Any offense under a statute of any state or ordinance of any city or
county, which is the equivalent of any of the aforementioned
offenses, including California Business & Professions Code section
4609(a).
b. Within ten years preceding the date of the filing of the application, the
individual has had any massage establishment, operator, technician,
practitioner, therapist, or trainee certificate, license, or permit issued by
any state, local agency, or other licensing authority, including the CAMTC,
denied, revoked, or suspended for any reason other than lack of sufficient
education; or has had to surrender such a certificate, license, or permit as
a result of pending criminal charges or administrative proceedings for
suspension or revocation of any such certificate, license, or permit;
C. Within ten years preceding the date of filing of the application, the
individual has been convicted in a court of competent jurisdiction of any of
the following:
(i) Any crime, other than an infraction or those listed above, involving
dishonesty, fraud, or deceit with the intent to substantially benefit
himself or another, or substantially injure another;
(ii) Any crime, other than an infraction or crimes relating to those
offenses listed above, where the crime or act is substantially related
to the management or ownership of a massage establishment or
the practice of massage, including a violation of the Massage
Therapy Act;
(iii) Has been subjected to a permanent injunction against the
conducting or maintaining of a nuisance pursuant to California
Penal Code sections 11225 through 11235, as the same may be
amended from time to time, or any similar provisions of law in a
jurisdiction outside the State of California; or
(iv) Has been found to be maintaining a nuisance in connection with the
same or similar type of business; or
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d. Within ten years preceding the date of filing of the application, the
individual has engaged in the exposing of specified anatomical areas of
oneself or of another person to view, or in touching the specified
anatomical areas of oneself or of another person, while providing massage
services or while within view of a customer or patron of the massage
establishment, or has been the owner, operator, or manager of an
establishment where such conduct occurred.
(h) Renewal of massage establishment business licenses.
(1) Business licenses for massage establishments shall be renewed annually in
accordance with this title.
(2) Each applicant for renewal of a massage establishment business license shall
provide such information and documents as may be reasonably required by the
director to determine that the massage establishment is operating in
compliance with the provisions of this title and/or any conditions imposed on the
business license. The director may refuse to renew a business license for a
massage establishment upon finding the existence of any facts or
circumstances that would constitute grounds for the denial or revocation of a
business license.
(i) Requirements of operation for massage establishments. The following
requirements of operation shall apply to all massage establishments located in the
city. Each owner, operator, and manager of a massage establishment shall be
responsible for ensuring that the requirements of operation are complied with at all
times.
(1) Building and facility requirements.
a. All massage rooms and dressing rooms shall be screened off by hinged
doors, draw drapes, curtain enclosures, or accordion -pleated closures.
Except for bathroom doors, interior doors shall not have locks on them.
b. In addition to the minimum lighting required by Chapter 15.00 Division 6 of
the Municipal Code, all rooms in which massages are being provided shall
be lit with a minimum of one light fixture emitting at least 210 lumens for
every 150 square feet of space during the administration of such services,
with lighting levels spread evenly throughout the space. No dimmer
switches, strobe lights, flashing lights, colored light, or any coverings or
other apparatus, other than a lampshade, which changes or darkens the
color of the primary light source shall be used in any room in which
massage services are being provided.
C. Any locker facilities provided for the use of patrons shall be fully secured
for the protection of the patrons' valuables, and the patron shall be given
control of the key or other means of access.
d. The walls in all rooms where water or steam baths are given shall have a
washable mold -resistant surface.
e. One main entry that enters into the reception area shall be provided for
patron use. Where feasible, this main entry shall be located on the
storefront side of the building or tenant space. All patrons, and any
persons other than those providing services at the massage
15
establishment, shall be required to enter and exit solely through the main
entry.
f. All exterior doors (except rear exterior doors used only for employee
access to and from the massage establishment) shall remain unlocked
during business hours, and the establishment shall comply with the
provisions of the Diamond Bar Municipal Code pertaining to the posting of
signs stating that doors shall remain unlocked during business hours.
Exits for emergency purposes shall be provided where deemed necessary
by the building official. Notwithstanding the above, all exterior doors may
be locked, provided that the massage establishment is a business entity
owned by one individual with one or no employees or independent
contractors.
g. There shall be no audio or visual internal communication devices within
the establishment, such as, but not limited to, buzzers, alarms, or intercom
systems.
(2) Maintenance of premises and equipment.
a. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all
other physical facilities of the establishment shall be in good repair and
maintained in a clean and sanitary condition.
b. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets,
shower compartments and toilet rooms shall be thoroughly cleaned each
day the business is in operation.
c. Adequate equipment for disinfection and sterilization of instruments used in
performing the massages shall be provided.
d. Hot and cold running water shall be provided at all times.
e. Clean and sanitary towels and linens shall be provided for each patron of
the establishment or each patron receiving massage services. No common
use of towels or linens shall be permitted.
f. Standard or portable massage tables or chairs shall be used with a durable,
washable plastic or other waterproof material as a covering. Beds,
mattresses, water beds, futons, sofa beds, any type of portable or
convertible beds, and foam pads more than four inches thick or with a width
of more than four feet shall not be permitted in the establishment.
(3) Personnel lists
a. Copies of the CAMTC certificate and identification card for each employee
required to possess a CAMTC certificate pursuant to this chapter shall be
maintained on file on the premises of the massage establishment at all times,
and for a minimum period of two years following the date that the person
ceases providing services/employment to the massage establishment.
Copies -shall bemade av_ailable_to any individual_ upon reque_st,_including_ but
not limited to employees of the city. In addition, within ten days of a massage
establishment hiring or contracting with a new employee, written notice of the
name, residential address, and position of the new employee and true and
correct copies of his or her CAMTC certificate and identification card (if
required) shall be filed with the director.
16
b. Within five days of the expiration, revocation, suspension, or surrender of an
employee's CAMTC Certificate, the owner or operator shall provide written
notice of such expiration, revocation, suspension, or surrender to the director,
and such employee shall not be permitted to operate, manage or provide
massage services at the massage establishment until and unless a he or she
receives a valid new or renewed CAMTC Certificate and a copy of such new
CAMTC Certificate and identification card for the employee has been
provided to the director.
c. A register of all persons who are currently, or who within the last two years
were, employed, working or providing services at or for the massage
establishment shall be maintained on the premises of the massage
establishment at all times. The owner shall make the register immediately
available for inspection upon demand of a representative of the sheriff's
department, any health officer, or any other official charged with enforcement
of this title. The register shall include at least the following information:
1) Name, nicknames, and/or aliases;
2) Home address and relevant phone number, including but not
limited to home, cellular, and pager numbers;
3) Age, date of birth; gender, height, weight, color of hair and eyes;
4) The date of employment, and termination, if any;
5) The duties of each person.
(4) Hours of operation.
a. No massage establishment shall be open for business or operated
between the hours of 10:00 p.m. and 7:00 a.m. of any day, and all
customers, patrons and visitors shall be excluded from the massage
establishment between those hours. A massage begun any time before
10:00 p.m. shall nevertheless terminate at 10:00 p.m. The hours of
operation shall be displayed in a conspicuous public place in the lobby
within the massage establishment and in any front window outside of the
massage establishment.
b. During hours of operation, only employees of the massage
establishment or a patron shall be allowed beyond the reception area of
the massage establishment, with the exception of representatives of the
sheriff's department, any health officer, any other official charged with
enforcement of this title, or a CAMTC official.
c. Patrons and visitors shall only be permitted in the massage
establishment during the hours of operation.
(1) Visitors who are not patrons shall only be permitted in the reception
area of the massage establishment.
(2) Patrons shall only be permitted in massage treatment areas if at
- - - - - least one massage -technician is on the premises.
d. The massage establishment shall be supervised during all hours of
operation by a manager specified in the permit application. The name
and photograph (minimum size of four inches by six inches) of the on -
17
duty manager shall be provided in accordance with Section
5.08.070(i)(3)c. This provision shall not apply to sole providers.
e. No massage establishment shall be used for residential purposes.
(5) Posting requirements. In addition to any other requirements for posting set forth
in this title, the following requirements shall apply:
a. A recognizable and legible sign complying with the requirements of this
code shall be posted at the main entrance identifying the establishment
as a massage establishment.
b. Each service offered, the price thereof, and the minimum length of time
such service shall be performed shall be posted in a conspicuous public
location in each massage establishment. No services shall be performed
and no sums shall be charged for such services other than those posted.
Nothing herein prohibits a voluntary tip from being paid by the patron.
Such services may either be posted on a sign or printed in a menu of
services.
c. Any posted signs which are in a language other than English shall also
be posted in English.
(6) Prohibited conduct. Each owner, operator, and manager shall be responsible for
the conduct of all employees while such employees are performing services at or
for the massage establishment. Any act or omission of any employee
constituting a violation of this chapter shall be deemed an act or omission of each
of the owners, operators, and managers for purposes of determining compliance
with this chapter and whether the business license or any other permit required
by the city shall be revoked, suspended, denied, or renewed. In addition to
conduct prohibited by any other provision of law or this code, the following
conduct at or by employees of massage establishments is expressly prohibited:
a. No alcoholic beverages shall be sold, served, or furnished on the
premises of any massage establishment unless expressly authorized
under a conditional use permit and licensed by the Department of
Alcoholic Beverage Control.
b. No storage or sale of condoms, spermicides or other makeshift
prophylactic materials (e.g. plastic wrap) shall be permitted within the
massage establishment.
c. No person shall use or possess, nor shall there be any storage of, any
sexually -oriented implements or paraphernalia which are designed or
marketed primarily for the stimulation of human genital organs or
sadomasochistic activity.
d. No electrical, mechanical, or artificial device shall be used by any
massage establishment employee for non -security audio and/or video
recording or for monitoring the performance of a massage, of the
conversation or other sounds in the massage rooms, without the prior
written consent of the patron.
e. No employee of a massage establishment shall, while engaged in the
practice of massage, or while visible to patrons in the massage
establishment, dress: (i) in attire that is transparent, see-through, or
18
substantially exposes the employee's undergarments; (ii) in a manner
that exposes the massage technician's breasts, buttocks, or genitals; (iii)
in a manner which has been deemed by CAMTC to constitute
unprofessional attire based on the custom and practice of the profession
in California; or (iv) in swim attire unless such person is providing a
water-based massage modality which has been approved by CAMTC.
f. No owner, operator, manager or employee of a massage establishment
shall engage in, or permit any other employee to engage in, any form of
unprofessional conduct as defined in California Business and
Professions Code section 4609(a)(1), including, without limitation,
engaging in any form of sexual activity on the premises of a massage
establishment or while providing massage services, providing massage
of the genitals or anal regions, or providing massage of the breasts of a
female patron without the written consent of the person receiving the
massage and a referral from a licensed California health care provider.
Q) Inspections.
(1) Representatives of the sheriff's department, fire department, community
development department, and agents for the city or from the County Public
Health Department, and representatives of any state or local agencies with
regulatory authority over massage establishments shall have the right to enter
massage establishments, from time to time, during regular business hours, or
at any time that the massage establishment is occupied or open for business,
to verify the massage establishment is in compliance with all applicable laws
without the need for an inspection or abatement warrant. No person shall
refuse to permit, cause delay of, or interfere with, a lawful inspection or
compliance check of the premises by such officials at any time.
(2) The operator shall cause to be conspicuously posted so that the same may be
readily visible to persons in the reception area of the massage establishment, in
letters that are a minimum of one inch in height, a notice in English and such
other languages as may be convenient to communicate such notice, which
provides substantially as follows:
THIS MASSAGE ESTABLISHMENT IS SUBJECT TO INSPECTION BY CITY
AND HEALTH OFFICIALS WITHOUT PRIOR NOTICE
In addition, operators are encouraged to post this notice in language(s) that are
best understood by the customers of the massage establishment.
SECTION 14. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact
that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutional.
SECTION 15. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published once
19
within fifteen (15) days after this ordinance is passed and adopted, in a newspaper of
general circulation, published and circulated in the City of Diamond Bar 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 _TH DAY OF 2016, BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Nancy A. Lyons, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at the regular meeting of the City Council of
the City of Diamond Bard held on the 18th day of October, 2016, and was finally passed
and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the
City Council held on the day of 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
W11
ATTACHMENT 3
ORDINANCE NO. 07(2016)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING
SECTIONS 22.10.030, 22.30.040, 22.42.020, AND 22.80.020 OF TITLE 22
OF THE MUNICIPAL CODE PERTAINING TO THE PERMISSIBLE
LOCATIONS AND PERMIT REQUIREMENTS FOR MASSAGE
ESTABLISHMENTS AND TATTOO PARLORS.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY
FINDS AND DETERMINES AS FOLLOWS:
A. The City Council desires to amend Title 22 of the Diamond Bar Municipal
Code in order to revise the City's regulations pertaining to the permissible locations and
permit requirements for massage establishments and tattoo parlors.
B. On September 13, 2016, the Planning Commission held a duly noticed
public hearing regarding proposed amendments to the Development Code pertaining to
massage establishments and tattoo parlors, Planning Case No. PL 2015-205, and
adopted Resolution No. 2016-23 recommending City Council approval of said
Development Code Amendments.
C. On October 18, 2016, the City Council held a duly noticed public hearing
regarding the proposed Development Code Amendments.
D. The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act ("CEQA") because it can be seen with certainty that the
proposed Development Code Amendments will not result in a direct or reasonably
foreseeable indirect physical change in the environment (Section 15060(c)(2) of the
CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies
only to projects that have the potential for causing a significant effect on the environment
(Section 15061 (b)(3) of the CEQA Guidelines) and does not apply to organizational or
administrative activities of governments that will not result in direct or indirect physical
changes in the environment (Section 15378(b)(5) of the CEQA Guidelines).
E. The proposed Development Code Amendment is consistent with multiple
objectives and policies in the City of Diamond Bar General Plan.
F. The City Council hereby adopts the findings, facts and reasons stated in
Planning Commission Resolution No. 2016-23, a copy of which is on file with the City
Clerk and which is incorporated herein by reference with the same force and effect as if
set forth in full.
G. All legal prerequisites to the adoption of this Ordinance have occurred.
1
NOW, THEREFORE, the City Council of the City of Diamond Bar hereby ordains
as follows:
SECTION 1. Table 2-5 of Section 22.10.030 (Commercial/industrial district
land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar
Municipal Code is amended as follows to specify that "acupressure," "massage therapy,"
and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in
the office professional (OP), office business park (OB), and commercial office (CO)
zoning districts and to clarify that all other types of "personal services" land uses are
permitted uses in such zoning districts (deletions in srik�'t h text; additions in
bold/underline text):
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE
ZONING DISTRICTS
LAND USE I OP OB(3) CO
SERVICE USES
Personal services excluding
P
P
P
massage establishments and
tattoo arlors
Personal senFices AouPresst+re,
massage thempy, tattoo pa-rle.rs
CUP (6)
OUP
CtdP }
Notes:
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial district
land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar
Municipal Code is amended as follows to specify that "acupressure," "massage therapy,"
and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in
the neighborhood commercial (C-1), community commercial (C-2), and regional
commercial (C-3) zoning districts; that "massage establishments" are a conditionally
permitted "personal services" land use in the community commercial (C-2) and regional
commercial (C-3) zoning districts; and that "tattoo parlors" are now a permitted "personal
services" land use in the regional commercial (C-3) zoning district (deletions in
stFikethmug; text; additions in bold/underline text):
_.,,
Min QW.
SECTION 2. Table 2-6 of Section 22.10.030 (Commercial/industrial district
land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar
Municipal Code is amended as follows to specify that "acupressure," "massage therapy,"
and "tattoo parlors" are no longer conditionally permitted "personal services" land uses in
the neighborhood commercial (C-1), community commercial (C-2), and regional
commercial (C-3) zoning districts; that "massage establishments" are a conditionally
permitted "personal services" land use in the community commercial (C-2) and regional
commercial (C-3) zoning districts; and that "tattoo parlors" are now a permitted "personal
services" land use in the regional commercial (C-3) zoning district (deletions in
stFikethmug; text; additions in bold/underline text):
TABLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR
COMMERCIAL/INDUSTRIAL ZONING DISTRICTS
LAND USE
C-1
C-2
C-3
I
See
personae! se .Tatto.,
therapy)
floor area
studies, ..ecoage
Personal services
Standards in
Section:
SERVICE
USES
Personal services
massage the
tattoo parlsFs
clip (6)
CUP 46}
CUP {S}
5.08.070
Massage
establishments
Personal
services=:
P
Tattoo parlors
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in strikethreugh, text; additions in bold/underline text):
TABLE 3-10
NOW "Nowl
Land Use Type I Vehicle Spaces Required
-
SECTION 3. Table 3-10 of Section 22.30.040 (Number of parking spaces
required) of Title 22, Chapter 22.30 of the Diamond Bar Municipal Code is amended as
follows (deletions in strikethreugh, text; additions in bold/underline text):
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type I Vehicle Spaces Required
Service Uses:
13urb^r!"cw +� c! cpc (u d #
1 space for each 250 sq. ft. of gross
personae! se .Tatto.,
therapy)
floor area
studies, ..ecoage
Personal services
SECTION 4. Subsection (6) of Section 22.42.020 (Adult-oriented
businesses) of Title 22, Chapter 22.42 of the Diamond Bar Municipal Code is amended
as follows (deletions in stF kms; text; additions in bold/underline text):
(6) Location/separation requirements. It is unlawful to cause or allow the
establishment of an adult arcade, adult bookstore, adult cabaret, adult motel,
adult motion picture theater, or adult theater, massage palm within 500 feet of
any other similar adult business, religious institution, school, public park or any
property designated for residential use or used for residential purposes.
SECTION 5. Section 22.80.020 (Definitions of specialized terms and
phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as
follows to add a new definition for "massage establishment' and to revise the definition of
"personal services" (deletions in StFikethreugh text; additions in bold/underline text):
(m) Definitions, W." The following definitions are in alphabetical order:
Massage establishment. A business engaging in massage
services pursuant to the provisions set forth in section 5.08.070.
(p) Definitions, "P." The following definitions are in alphabetical order:
Personal services. Establishments providing nonmedical services to
individuals as a primary use, including:
°Lwe
Clothing rental
Dry cleaning pick-up stores
Hair cutting/styling
Home electronics repair
Laundromats (self-service laundries)
Massage therapy
Nail salons
Shoe repair shops
Tailors
Tanning salons
Tattoo parlors
These uses may also include accessory retail sales of products related to
the services provided.
SECTION 6. Any land use constituting a "massage establishment' as
defined in Section 5 of this Ordinance that was legally established and operating with a
valid business license pursuant to Title 5 (Business Licensing) of the Diamond Bar
Municipal Code, and all other required City permits or approvals prior to the effective date
of this Ordinance, and that is made nonconforming by this Ordinance because no
112
approved Conditional Use Permit for the use exists and/or the use is not located in a
zoning district in which such a use is permitted pursuant to the provisions adopted or
amended by this Ordinance, shall be considered a nonconforming use subject to the
provisions of Chapter 22.68 (Nonconforming Uses, Structures, and Parcels) of Title 22 of
the Diamond Bar Municipal Code; provided, however, that all such nonconforming uses
shall be subject to the requirements of Title 5 of the Diamond Bar Municipal Code, as
amended.
SECTION 7. If any section, subdivision, paragraph, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have passed this Ordinance, and each section,
subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that
any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been
declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published once within
fifteen (15) days after this ordinance is passed and adopted, in a newspaper of general
circulation, published and circulated in the City of Diamond Bar 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,
SECTION 9. Upon the effective date of this Ordinance, Ordinance No. 02
(2015) and Ordinance No. 05 (2015) temporarily prohibiting the issuance of land use
permits or business licenses for establishment, expansion, or relocation of massage
establishments Citywide, shall be deemed repealed and of no further force and effect.
APPROVED AND ADOPTED THIS 18TH DAY OF OCTOBER 2016, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
Nancy A. Lyons, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at the regular meeting of the City Council of the
City of Diamond Bard held on the 18th day of October, 2016, and was finally passed and
adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City
Council held on the day of 2016, by the following vote:
AYES: Council Member:
NOES: Council Member:
:6i
ABSTAIN: Council Member:
ABSENT: Council Member:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
A
CITY COUNCIL
Agenda # 6.7
Meeting Date: November], 2016
AGENDA REPORT
MayorTO: Honorable .
VIA: James DeStefano,
TITLE: AN • THE C11T • • OF THE CITY •
DIAMOND . OF DIAMONI
BAR MUNICIPAL CODE TO PROHIBIT THE OPERATION ANX
ESTABLISHMENT OF MARIJUANA DISPENSARIES ANI
•
RECOMMENDATION:
Approve for Second Reading by Title only, Waive full reading of Ordinance 09(2016) and
adopt.
FISCAL IMPACT:
None.
BACKGROUND:
On October 18, 2016, the City Council conducted a public hearing and approved for first
reading Ordinance 09(2016), which amends Municipal Code Chapter 8.26 by prohibiting
nonmedical marijuana dispensaries, and regulating the personal cultivation of nonmedical
marijuana to the extent permissible under Proposition 64, should the ballot measure pass.
The Council approved the first reading by 5-0 vote.
Prepared by:
Greg Gubman, Community Development Director
Attachment:
1. Ordinance 09(2016)
ATTACHMENT
ORDINANCE NO. 09(2016)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE
DIAMOND BAR MUNICIPAL CODE TO PROHIBIT THE
OPERATION AND ESTABLISHMENT OF MARIJUANA
DISPENSARIES AND REGULATING THE USE OF
MARIJUANA.
WHEREAS, in 1996 California voters approved Proposition 215, commonly
referred to as the Compassionate Use Act ("Act"), which enabled seriously ill patients
to legally possess, use and cultivate marijuana for medicinal purposes under state
law; and
WHEREAS, in January 2004, SB 420 was enacted by the state legislature to clarify
the scope of the Act and to allow local jurisdictions to adopt and enforce rules and
regulations consistent with the Act; and
WHEREAS, in 2008, the California Attorney General published guidelines for
the Security and Non -Diversion of Marijuana Grown for Medical Use which, among
other things, suggested standards for the lawful operation of medical marijuana
cooperatives and collectives; and
WHEREAS, neither the Act, nor subsequent legislative or Attorney General
Guidelines, permit medical marijuana dispensaries to operate .in the retail
establishment manner customarily seen in California cities; and
WHEREAS, in the United States Supreme Court decision of Gonzales v. Raich,
125 S. Ct. 2195, the Court held that there is no medical necessity exception under federal
law to the prohibition against the manufacture, distribution and possession of marijuana
and that notwithstanding the fact that it does not violate California law in some instances
to manufacture, distribute and possess marijuana for specified medicinal purposes, it still
violates federal law and federal law prevails over state law in the regulation of Schedule
I narcotics; and
WHEREAS, in City of Riverside v. Inland Empire Patients Health and Wellness
Center (2013) 56 CalAth 729, the California Supreme Court held that State law did not
preempt a city's land use regulatory authority and in particular, the authority to prohibit
marijuana dispensaries; and
WHEREAS, in Pack v. City of Long Beach (2011) 199 Cal. App. 4th 1070, which
has been granted Supreme Court review, a California appellate court held that to the
extent that city regulations provide for the issuance of any permit for marijuana
dispensaries they are preempted by federal law; and
1
WHEREAS, cities that have marijuana dispensaries have witnessed a number
of significant adverse secondary effects from their operation as chronicled in detail by
a report prepared by the California Police Chiefs Association, dated April 22, 2009. In
these reports increases in crime, such as burglary, drug dealing, armed robbery, and
murder, connected to marijuana dispensaries occurred as well as quality of life impacts
such as adverse traffic and noise; and
WHEREAS, based on this experience it is reasonable to conclude if permitted
marijuana dispensaries could have similar negative effects on the public health, safety
and welfare to the residents and businesses in the City; and
WHEREAS, Chapter 8.26 of the Diamond Bar Municipal Code prohibits, among
other things, the establishment of a medical marijuana dispensary anywhere in the City;
and
WHEREAS, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana
Act ("AUMA") is on the November 8, 2016, ballot and would decriminalize, under State
law, specified nonmedical cultivation and use of marijuana; and
WHEREAS, under the AUMA the City is permitted to prohibit and regulate
specified aspects of nonmedical cultivation and use of marijuana; and
WHEREAS, notwithstanding California's efforts to decriminalize the provision
of marijuana for specified medicinal purposes, the Federal Controlled Substances
Act classifies marijuana as a Schedule I narcotic and Congress has concluded that
marijuana does not have any acceptable medical uses and under federal law the
manufacture, distribution, or possession of marijuana is a criminal offense (21 United
States Code sections 812, 841 and 844); and
WHEREAS, based on this experience it is reasonable to conclude if permitted
marijuana dispensaries could have similar negative effects on the public health, safety
and welfare to the residents and businesses in the City.
NOW THEREFORE, the City Council of the City of Diamond Bar hereby
ordains as follows:
SECTION I:
Chapter 8.26 shall be amended as follows:
The title to Chapter 8.26 shall be amend to read: "CHAPTER 8.26. — MARIJUANA
BUSINESSES"
New sections 8.26.050 — 8.26.070 shall be added to read as follows:
F1
Sec. 8.26.050 Marijuana Businesses — Prohibited
A. A marijuana dispensary shall be a prohibited use in any zoning district of
the City, even if located within an otherwise permitted use, and neither the City Council
nor City Staff shall approve any use, interpretation, permit, license, certificate of
occupancy, zoning code or general plan amendment allowing the operation and/or
establishment of a marijuana dispensary.
B. No person shall plant, cultivate, harvest, dry or otherwise process, in any
manner, marijuana or marijuana products outdoors.
Sec. 8.26.060 Definitions.
For purposes of Section 8.26.050, the following definitions shall apply:
(a) "Marijuana dispensary" means any association, business, facility, use,
establishment, location, delivery service, cooperative, collective, or provider, whether
fixed or mobile, that possesses, transports, cultivates, distributes, makes available or
otherwise facilitates the distribution of marijuana, marijuana products or marijuana
accessories.
(b) "Marijuana", "marijuana products" and "marijuana accessories",
respectively, shall have the same meaning as provided in the text of Proposition 64
as proposed for Health and Safety Code §§ 11018, 11018.1 and 11018.2.
(c) "Smoke" shall have the same meaning as provided in the text of
Proposition 64 as proposed for Health and Safety Code § 11362.3(c)
Sec. 8.26.070. Additional Prohibitions
No person shall possess, ingest or smoke marijuana in any building or any
property owned, leased or occupied by the City.
SECTION II:
The adoption of this Ordinance is not a project within the meaning of the California
Environmental Quality Act ("CEQA") in that it will not cause either a direct physical
change in the environment, or a reasonably foreseeable indirect physical change in the
environment, in that there are no marijuana dispensaries currently existing or permitted
under the City's current municipal code and it maintains the existing environment in the
City. This Ordinance is not a project under CEQA pursuant to Public Resources Code
Section 21065 which provides that CEQA only applies to an activity which has the
potential to cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment
Further, the Ordinance is exempt from CEQA under the following provisions of Title 14
of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and
15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to
c
projects which have the potential for causing a significant effect on the environment and
it can be seen with certainty that there is no possibility that the Ordinance will have a
significant effect on the environment and Section 15304, as the Ordinance is a minor
alteration in land use limitations.
SECTION III:
If any section, subdivision, paragraph, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each section, subdivision,
paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or
more) section, subdivision, paragraph, sentence, clause or phrase had been declared
invalid or unconstitutional.
SECTION IV:
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after
this Ordinance is passed and adopted, in the Office of the City Clerk and two additional
public places, together with the vote for and against the same.
ADOPTED this day of
ATTEST:
Tommye Cribbins, City Clerk
4
2016.
Nancy A. Lyons, Mayor
APPROVED AS TO FORM:
David DeBerry, City Attorney
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at the regular meeting of the City Council of the
City of Diamond Bard held on the 18th day of October, 2016, and was finally passed and
adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City
Council held on the day of 2016, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins City Clerk
Agenda
Meeting Date :November 1, 2016
CITY COUNCIL _ AGENDA REPORT
11 ,��okP()RTS�9
jtwg!1
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man
g
TITLE: APPROVAL OF NOTICE OF CO PLETION FOR
CENTER RESTROOM LIGHTING PROJECT.
RECOMMENDATION:
Approve and file.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND/DISCUSSION:
THE DIAMOND BAR .
The City Council awarded a construction contract to Tamang Electric, Inc. on July 19,
2016 in an amount not to exceed $26,440.00 with a contingency amount of $2,644.00 for
a total authorization amount of $29,084.00 The City authorized the Notice to Proceed for
the construction project on August 22, 2016.
Tamang Electric, Inc. has completed all work required of this project. The final
construction cost of the project is $27,490.00 which includes $1,050.00 in change orders
for additional wood frames for six (6) new lights and troubleshooting. The project was
completed $1,594.00 under the overall authorized project budget.
PREPARED BY: DATE PREPARED:
Jason Williams October 25, 2016
Sr. Facilities tenance Worker
REVIEW BY: 1
iu, Director of Public Works
Attachments: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 Copley Drive
4. The nature of the interest or estate of the owner is;
(]father than fee, strike "In fee" and insert, for example, "purchucr ander.."" ofparchase," or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter desca'ibed was completed on October 13 2016. The work done was:
CITY OF DIAMOND BAR CENTER RESTROOM LIGHTING REPLACEMENT PROJECT
7. The name of the contractor, if any, for such work of improvement was TarriangElectric, Inc.
August 9, 2016
(Ifno contractor fhr.,k,.f improvement asawhole,insert"none") (Donuf Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows, 1600 Grand Ave. Diamond Bar CA 91765
9. The sheet address of said property is 1600 Grand Ave. lliamond Bar CA 91765
Dated:
Verification for Individual Owner
(Ifno street address has been officially assigned, insert "none")
CITY OF DIAMOND BAR
Signature of owner or corporate officer of came, named in paragraph 2 or his .,at
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
("resident of', "Manager of "A partner of "Owner of" etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the sane is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 —at Diamond Bar , Califomia.
(Deteofsignature) (Ch vd.... signed)
(Personal signature of the individual who is swearing that the contents of
the native of cnmpletiou gra true)
CITY COUNCIL
Agenda # 6.9
Meeting Date: 11/1/16
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City
Man
g
TITLE: APPROVAL OF AMENDMENT#1TO THE MAINTENANCE SERVICES
AGREEMENT WITH GUARANTE D JANITORIAL SERVICES, INC. FOR
THE LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK
COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE
AMOUNT NOT TO EXCEED $69,246 FOR A TOTAL CONTRACT AMOUNT
OF $109,246.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: In FY 2016/17, there is adequate budget for the janitorial services
at the Library, City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera
Park Activity Room. The total contract amount with Guaranteed Janitorial Services, Inc. will
be $109,246.
BACKGROUND: In August of this year, a decision was made to terminate the existing
janitorial maintenance agreement with DH Maintenance. Staff immediately began to solicit
proposals from three (3) other qualified service providers while existing services were
winding down. Specifications for janitorial maintenance were given to each prospective
service provider and three (3) separate job walks were scheduled. During the job walks,
staff and contractors reviewed all five (5) facilities giving contractors the opportunity to ask
questions and allow staff to express expectations for service. Fee proposals were
submitted by all three (3) companies (See bid comparison on page 2) and staff evaluated
and selected the top two (2) proposers for follow-up interviews. Staff unanimously decided
that Guaranteed Janitorial is the most qualified service provider. This selection of
Guaranteed Janitorial was based upon their expressed ability to perform at the highest
level the City expects as well as their demonstrated performance in maintaining similar
facilities in adjacent cities.
With a new service provider ready to go, the thirty (30) day Notice of Termination was
finalized and served to DH Maintenance on September 30, 2016 with an effective
termination date of October 31, 2016. On October 1, 2016, a contract was entered into with
Guaranteed Janitorial Services, Inc. for a not to exceed amount of $40,000 through
December 31, 2016 under the City Manager's contractual authority of up to $40,000.
973895.1
Bid Comparison
Guaranteed Janitorial
$11,541/month
Innovative Janitorial
$10,840/month
Golden Touch Cleaning
$9,542/month
DISCUSSION: To maintain the highest service level and to continue with the needed
janitorial services from January 1 to June 30, 2017, an updated proposal was recently
requested from Guaranteed Janitorial Services. The cost summary at each facility is as
follows:
1. Library $19,668
2. City Hall $19,668
3. Diamond Bar Center $22,134
4. Heritage Park Community Center $ 5,988
5. Pantera Park Activity Room 1,788
NOT -TO -EXCEED $69,246
Approval of Amendment #1 will extend the janitorial maintenance service of the Library,
City Hall, Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity
Room from January 1, 2017 to June 30, 2017. The respective compensation for the two (2)
time periods is as follows:
Cost of the 3 -month current Contract from October 1 to December 31, 2016 $40,000
Cost of the 6 -month Contract extension from January 1 to June 30, 2017 $69,246
�C���_1��[�S�C�I�Yy��7_Uf1[+111►�1
PREPARED BY:
Anthony Jordan
Parks and Maintenance Superintendent
REVIEW BY•
Da G. iu
Director of Public Works/City Engineer
Attachments
973895.1
$109,246
Amendment #1 with updated Exhibit "A" dated November 1, 2016
Maintenance Services Agreement dated 10/1/16 for the term of
10/1/16 through 12/31/16
FIRST AMENDMENT
TO
CONTRACTOR SERVICES AGREEMENT
This FirstAmendment to Contractor Services Agreement ("First Amendment') is made
and entered into as of November 1, 2016, by and between the City of Diamond Bar, a
municipal corporation ( "City"), and Guaranteed Janitorial Services, Inc. (herein referred to
as the "Contractor") with reference to the following:
A. The City and the Contractor entered into that certain Contractor Services
Agreement dated as of October 1, 2016, which is incorporated herein by this reference (the
"Original Agreement"); and
B. The City and the Contractor desire to amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original
Agreement, is hereby amended, modified and supplemented to include the services
described on Exhibit "A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not -to -exceed compensation set forth in Section 3.
of the Original Agreement was the sum of Forty Thousand Dollars ($40,000). Section 3. of
the Original Agreement is hereby amended to provide for an increase of Sixty Nine Thousand
Six Hundred Forty Six Dollars ($69,646) so that the total not -to -exceed compensation, as
amended by this First Amendment shall not exceed One Hundred Nine Thousand Two
Hundred Forty Six Dollars ($109,246) without the prior authorization of the City.
4. Integration. This First Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This First Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall remain
in full force and effect. To the extent that there is any conflict or inconsistency between the
terms and provisions of this First Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day
first above written.
973895.1
"CONTRACTOR"
GUARANTEED JANITORIAL SERVICES
*By:
Printed Name:
Title:
*By:
Printed Name:
Title:
"CITY"
CITY OF DIAMOND BAR
Bv:
Nancy Lyons
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
`NOTE: if Consultant is a corporation, the City requires the following signature(s):
(1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office,
please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
973895.1 2
EXHIBIT "A"
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
973895.1 3
EXHIBIT "A" — AMENDMENT #1
EFFECTIVE 1/1/17 — 6/30/17
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE
LIBRARY, CITY HALL, DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND
THE PANTERA PARK ACTIVITY ROOM
ANNUAL COMPENSATION SCHEDULE FOR
CONTRACT PERIOD OF
JANUARY 1, 2017 THROUGH JUNE 30, 2017
Contract services to be extended for the period of January 1, 2017 to June 30, 2017 with Guaranteed
Janitorial Services:
1. Regular monthly Service 5 days/week for City Hall — 6 months @ $1,694 per mo. =
2. Regular monthly Service 6 days/week for Library/1st Floor City Uses =
(6 mos. @ $1,694 per month)
3. Building Maintenance staffing at City Hall & Library 6 days/week for 8/hrs/day =
($3,168 per mo. for 1 staff @ 48 hrs/wk for 6 months)
4. Regular monthly Service for Diamond Bar Center — 6 mos. @ $3,689 per mo. _
(Includes High Cleaning)
6. Regular monthly Service for Heritage Park Com Center — 6 mos. @ $998 per mo. _
(Service seven days per week)
7. Regular monthly Service for Pantera Activity Room — 6 mos. @ $298 per mo. _
(Service five days per week)
GRAND TOTAL FOR AMENDMENT #1 THROUGH 6/30/17:
The Cost of the 6 - Month Contract Extension is:
2016/17 FY $69,246
973895.1 4
$10,164
$10,164
$22,134
$69,246
MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of October 1, 2016, by and between
the City of Diamond Bar, a municipal corporation ("City") and Guaranteed Janitorial Services,
Inc. ("Contractor").
1. Contractor's Services. !
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the services set forth in the attached. Exhibit "A", which
is incorporated herein by this reference. As a material inducement to the City to enter into this
Agreement, Contractor represents and warrants that it has thoroughly investigated the work and
fully understands the difficulties and restrictions in performing the work. Contractor 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.
Anthony Jordan, Parks and Maintenance Superintendent (herein referred to as the "City's
Project Manager"), shall be the person to whom the Contractor will report for the performance of
services hereunder. It is understood that Contractor shall coordinate its services hereunder with
the City's Project Manager to the extent required by the City's Project Manager, and that all
performances required. hereunder by Contractor shall be performed to the satisfaction of the
City's Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect October 1, 2016, and shall
continue until December 31, 2016 unless earlier terminated pursuant to the provisions herein.
This Agreement may be extended as provided herein.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed
Forty Thousand Dollars ($ 40,000) without the prior written consent of the City. The above not
to exceed amount shall include all costs, including, but not limited to, all clerical, administrative,
overhead, telephone, travel and all related expenses.
4. Payment..
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses, certified payroll. and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
-completed,-the-number-o
number - f hours-spent-and-any_extra_work_p.erformed.._ __..-
C. City will pay Contractor the amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
1193055.1
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to
Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except asset forth in this Agreement. Contractor shall not, at anytime,
or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor
under this Agreement, and to indemnify. and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the independent
contractor relationship created by this Agreement. In the event that City is audited by any
Federal or State agency regarding the independent contractor status of Contractor and the audit
in any way fails to sustain the validity of a wholly independent contractor relationship between
City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting
and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
D. Contractor shall, at Contractor's sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements, including
but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and -
California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Contractor under this Agreement any amount due
to City from Contractor as a result of Contractor's failure to promptly pay to City any
reimbursement or indemnification required by this Agreement or for any amount or penalty levied
against the City for Contractor's failure to comply with this Section.
S. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
1193055.1
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") 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:
(1) Any and all claims under Worker's Compensation acts. and other employee benefit
acts with respect to Contractor's employees or Contractor's contractor's employees arising out
of Contractor's work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder or its
failure to comply with any of its obligations contained in this Agreement, regardless of City's
passive negligence, but excepting such loss or damage which is caused by the sole active
negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's
legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other costs and fees
of litigation. The Contractor shall promptly pay any final judgment rendered against the
Indemnitees.. 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. Except for the Indemnitees, this Agreement shall not be
construed to extend to any third party indemnification rights of any kind.
A. Contractor shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company authorized to do business in the State
of California and approved by the City the following insurance:
(1) a policy or policies of broad -form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit
coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by
-Contractor, its officers, employees, agents, and independent contractors in performance of
services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non -owned and hired automobiles, with minimum combined single limits coverage of
$1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit
---of-$500;000...00-or-the-amount-required-by-law-,-whichever-is-greater-
B,
mount required-by--law,-whichever-is-greater
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies 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.
1193055.1
C. All insurance policies shall provide that the insurance coverage shall not be non -
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and 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
have a current A.M. Best's rating of no less than A-, VII.
E. Contractorshall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy
of the insurance policy evidencing the additional insured requirements in this Agreement, in a
form acceptable to the City.
F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of
the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible shall be subject to the. approval
of the City. Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Contractor's due to such failure 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 Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
G.° Subrogation. t With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. if Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts
may be deducted from any payments due Contractor.
1. Contractor shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
11, Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants that
all data, documents, discussion, or other information developed or received by Contractor or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Contractor without written authorization by City. Contractor's covenant under this section
shall survive the termination of this Agreement.
1193055.1
12. Maintenance and Inspection of records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full
and complete books, documents, papers, .accounting records, and other information
(collectively, the "records") pertaining to the costs of and completion of services performed under
this Agreement. The City and any of their authorized representatives shall have access to and
the right to audit and reproduce any of Contractor's records regarding the services provided
under this Agreement. Contractor shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Contractor agrees to make available
all such records for inspection or audit at its offices during normal business hours and upon three -
(3) days' notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which may be affected by the services to be performed by
Contractor under this Agreement, or which would conflict in any manner with the performance
of its services hereunder. Contractor further covenants that, in performance of this Agreement,
no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid
the appearance of having any interest which would conflict in any manner with the performance
of its services pursuant to this Agreement.
B. Contractor covenants not to giveVor receive any compensation, monetary or
otherwise, to.or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
14. Termination. The City may terminate.this Agreement with or without cause upon
thirty (30) days' written notice to Contractor. 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 thirtieth
(30th) day following delivery of the notice. In the event of such termination, City agrees to pay
Contractor for services satisfactorily rendered prior to the effective date of termination. However,
immediately upon receiving written notice of termination, Contractor shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Contractor and all personnel engaged in the work
shall be qualified to perform such services. Contractor reserves the right to determine the
assignment of its own employees to the performance of Contractor's services under this
Agreement, but City reserves the right, with or without cause, to require Contractor to exclude
any employee from performing services on City's premises. Prior to having any personnel
perforin work -on -City -p. rem ises�Contractor-s. hall -perform-a-background-investigation-of-such
personnel which meet City requirements.
16. Extension Options.
A. The City shall have the option to extend this Agreement for no more than
three years, subject to the same terms and conditions contained herein, by giving Contractor
1193055.1
written notice of the exercise of this option at least thirty (30) days prior to the expiration of the
initial term of this Agreement and upon approval by the City Council.
B. In the event the City exercises its option to extend the term of this
Agreement for more than one additional year, the Contractor's unit prices shall be subject to
adjustment at the end of the first year of the extension and annually thereafter ("the adjustment,
date") as follows:
Any increase in compensation will be negotiated between the City and the Contractor, but
in no event shall the increase exceed the amount that the Consumer Price Index ("CPI")
for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately
preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor
Statistics of the United States Department of Labor, has increased over the CPI for the
month one year prior to the Index -Month. Any increase in compensation, negotiated or
based upon CPI, shall be subject to approval of the City Council.
17. Reserved
g;�11111111111� %111111111i
...
A. Contractor shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or
sexual orientation, in the performance of its services and duties pursuant to this Agreement, and
will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
B. Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of Contractor state either that it is an equal opportunity employer or that all
qualified applicants will receive consideration for employment without regard to race, color,
creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts for
standard commercial supplies or raw materials.
19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Contractor must
document any delay and request an extension of time in writing at the time of the delay to the
satisfaction of City. Any extensions granted shall he limited to the length of the delay outside
Contractor's control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
1193055.1
to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due
to any delay, whether caused by the City or due to some other cause.
21. Assignment. Contractor shall not assignor transfer any interest in this Agreement
nor the performance of any of Contractor's obligations hereunder, without the prior written
consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
22. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. felon -Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
24, 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
Contractors.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may 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. The parties agree to utilize their good faith efforts to resolve any
such dispute or cohtrovessy so submitted to mediation. It is specifically understood and agreed
by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shalt be. a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be deemed received on (a) the day of delivery if delivered by hand during regular business hours
or by facsimile before or during regular business hours; or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the
Agreement, or to such other addresses as the parties may, from time to time, designate in writing
pursuant to the provisions of this section.
"CONTRACTOR' CITY"
Guaranteed Janitorial Services, Inc
13039 Eleventh Street
Chino, CA. 91710
Attn.: Martha E. Ortiz
Phone: 909-465-5542
E -Mail: Gjsmortiz42@verizon.net
1193055.I
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: James DeStefano
Phone: 909-839-7010
27. Governing Law. This Agreement shall be interpreted, construed and enforced in
accordance with the laws of the State of California.
28. 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.
29. Entire Agreement. This Agreement, and any other documents incorporated
herein by reference, representthe entire and integrated agreement between Contractor and City.
This Agreement supersedes all prior oral or written negotiations, representations or agreements.
This Agreement may not be. amended, nor any provision or breach hereof waived, except in a
writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid 'if signed by a person duly authorized to do so under the City's
Purchasing Ordinance.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Contractor' ,City"
Guaranteed Janitorial Services, Inc.
By:
Printed Name:
1193055.1
CITfe MOND BAR
By:(Jarrfajfo
City Manager
ATT ST:
City Cler
` OTE: if Contractor is a corporation, the City requires the following signatures):
-- (1) the Chairman of the Board, the President ora Vice -President, AND (2) the Secretary, the Chief
Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If -only one
corporate officer exists or one corporate officer holds more than one corporate office, please so
indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into this Agreement.
A copy of the corporate resolution, certified by the Secretary close in time to the execution of the
Agreement, must be provided to the City.
1193055.1
EXHIBIT "A"
10C/,11f16 66
COMPENSATION SCHEDULE
FOR
CONTRACT PERIOD
OF
OCTOBER 1, 2016 THROUGH DECEMBER 31, 2016
Planned contract services for Guaranteed Janitorial Services, Inc.:
1. Regular monthly service for City Hall/Library- 3 mos. @ 3,388.00/mo. = $10,164.00.
2. Day Porter for City Hall/Library- 3 mos. @ $2,784.001mo. = $8,352.00.
3. Regular monthly service for Diamond Bar Center- 3 mos. @ $3,689.00/mo. =
$11,067.00.
4. Regular monthly service for Heritage Park Com. Center- 3 mos. @ 998.001mo. =
$2,994.00.
5. Regular monthly service for Pantera Park Activity Room- 3 mos. @ $298.00/mo. =
Total for 3 month term - $33,471.00
1193655.1
Specifications for City Hall/Ubrary
GLEAMNG AND UMNTENANCE SCHBDT7i:S
1. - DP MY (Monday through Saturday)
A, Vacuurrrall earpeted areas to include edges, cpmers, under tables, under chairs
and aay other hard to reach atlas)
1. -Vacuum all area rap, including under tables and under chairs
2. Vacuum all entry mail
3; Spot clean all carpeted areas and area rugs, using the most appropriate
,.method to-complotely remove the spotAtain without damaging the surface
I3, Sweep, wet mop and disinfect all nen-carpeted floors, including edges, corners,
no der tables, under chaos, under mats and any other hard to reach areas)
C, Clean all deslts, tables aird fumiture, including top, base, lags and cross
supports to remove dust, dirt, debds, fingerprints, smudges and markings, leaving
the srzn ace free of cleaning pmauctresiba and discdlor=ati ui)
1. Clean all chair~ [ l materials), including seat base, hack, legs and cross
supports to remove dust, dt'r, debris, fmgaiprints; smudges and markings,
leaving the surface free of cleaning product residua and discoloration)
2, Dust, vacuum and spot clean 9,1I upholstered furniture, including under
cusbiens and cushibn edges.
3. Remove dirii, dust and debris from the computer monitors, kayboards, fax
machines, printers, photocopy machines and self•oheekout machines using
appropriate techniques and products to ptevent damage
4. Clean and disinfect telaphona rete vers and base units using appropriate
techniques andproducfstopreventdamage .
S- Remove dirt; dust and debris from all surfaces to a height of six (6) feet;
includes but not limited to ' a tvurk (unless instamted otherwise),
bookshelves jincluding all open spaces), bulletin boerds, cubicle: panels,
display cases, framed pictures, fame alarms, fue,e tinguishers, light switch
autos, magazine racks, shelves, signs, and ihennostats
6. DQ NOT diatarb any paperruork on top of desk or surrounding floors or
tables
D, Empty and etaan the interior and exterior surfaces of +'roe trash receptacles and
ROA2006 i
Page 1 of 6
I
Ii, clean all glass and glass cases to remove dust, dirt, debris, fingerprints,
spvzdges, tape, tape residue and maddngs, leaving the surface free of cleaning
product residue and straaks
1. Clean all doors (inside and out), iuoludingawindows tommoVo dirt, marks,
frngciprnta, smudges, splashes and spots; includes threshold rail and
frame (Note; Emergency Exit doors must notbe opmecl. to prevent alarms
from sounding)
2. Clean all windows to a height cf six (6) peek, including sills and frames; to•
remove dust, dirt, debris, fimgerprints, smudges, tape, tape residne and
markings, leaving the surface free of cleaning product residue, and streaks
3, Clean waRg to remove dict, marks, fingerprints, smudges, splashes, tape,
tape' residue, etc, leaving surface free of cleaning product residue and'
discoloration
E. Clean, sanitize'and polish water fountain basin and body to remove dust, dire,
debris, fingerprints, smudges, haid water stains and markings, leaving the surface
free of cleaning product residue and discol6tions
R Restwoms
1: Clean entry doors (inside and cut) to remove dirt, marks, fingerprints,
smudges, splashes and spots; includes threshold rail and frame
2, Clean and polishenLydoor push plates,knobs and kick plates
3. Clean and sanitize sinks and faucets; polish chrome -finished fiixt ics,
including the removal of hard,water stains and. deposits regardless of
source
4. CIean mirrors, Including chrome -finished edges, to removd spots, smudges
and leave streah-flea,.inclading the ramoval of hard water stains and
deposits regardless of source
5. Clean all exposed pips fixtures including tine removal of hard water stains
and deposits regardless of sotnca
6. clean and sanifizo all dispensers; soap, paper towel, toilet seat cover and
toiletpaper
7, -Clean and sanitize all foilet seats, bowls, bases, Xushiag levers and pipe
fixtures, including the removal of hard water sfimmand deposits regardless
of source
8.' Clean and sanitize the exterior and interior surfaces of the baby -changing
tables
9. Clean, sanitize and polish (When necessary) an handrails
IG, Clean Clean and sanitize nxinals,-flushiag leveza and pipe fixtures, including the,
removal of Bard -water stains and deposits regardless of soblce '
rtoascraQ�S.r
Page 2 of 6 '
1l, Clean stall partitions, suppetfs, bases, doors (inside and . out), .
f at�heslknobs to remove dirt, marks, fingerprints, smudges, splashes, etc.
12.Itofril all dispensers; soap, paper towel, touet seat • cover, sanitary-
napk n/tampon, feilet paper, baby -changing table Liners
13. Sweep, wet mop and dssrnfect all floors, leaving baseboards and wails &ee
of splashes wdlat marks from cleaning egnipinentlproducts
EL ,emove graf%ti front all surfaces where found
L Kitche ILMchroora area
1. Clean and sanitize the exterior sdr£acas of ;tie tifrigerator, sYovelrange,
microwave, toaster, andtbaster oven .
2. Clean exterior oz aIl cupboards including knabslhandles to ramov@ dust,
at, debris, fingelpfttn, smudges, and markings, leaving the surface free
Y of cleaningprodncEresidue and discotoratio.n
I Clean azidsa idtb a1T d spensets; soap and paper towel
4. KZ fill all dispensers; sods (with dish soap);'paper towel
J, Clean all exterior book drop conWaers and wail -.amount deppsit doors to
remove dust, dirt, dehzrs,ngerp 7ats,'smadgas tape, tape residue and markir gs,
leg the surfac
avine free of cle?ning product residue an d st�ea&s
K. Clean all exterior W831.mounY mail -drop doors to remove dust; dfr� debris,
fingerp rets, smudges, tape, tape residLe a id markings, leaving the surface free of
clean'sngpmduetresidueandstteaks •
l - Clean all aXterioj signs and plaques to remove dust, d rt debris, fingerprints,
smudgos, tape, tap
and
and mazk ngs, leaving the sari ace fry o€planning
• product residua and.sfreaks -
Smgtq and ciean'the exterior surfaces of the axteriar trash reetptac4cs' and
replace plastic liners
empty and claan.'the exterior cigarette ems
l Q. Sweep the library entry area to a zeasonabio locaion; collect and d sgnse of
swept dint, debris, etc:
P. Swrep the library loading doolf and side/z ar staff ent antes; collect and
dispose of swop%UILi debris em.
xoa.sot695.1 Page 3 of 6
8
Q. Sweep and dispose of all trash in draLibrary exterior patio/lunch area; collect
and dispose of swept dirt, debris, etc.
R' locate and dispose of all trash iu the parking Iot, iucluding, but not limited to,
cups, bdtdM plastic/paper bags; newspapers, papers and clothing
S. T,ocate and dispose of nl] trash in the loading dock, side/rear staff entrances,
including, but not limited to, cups, bDtdes, plastic/paper bags, newspapers, papers
and clothing
A. Bust all surfaces (6 feet and ABOVE)
13, Remove visible cobwebs up to 12 feet
C. Dust window blinds and shades
D, Clean all baseboards
1?. Clean and sanitize handrails .
F. '1168e down sidgwaprs, steps, walkWays, stairs loading docks, entry and patio
areas
3. OLiART13RI.Y•
A: PLOOIN
1.
Ship and wax or seal floors
2,
Degrease and remove Chemical, spills from areas surrounding ail
photocopy machines
3.
Strip mdalem thoroughly (including dowers and behind doors) all floors
using appropriate cleaning material for various tie types
4.
Wax or seal and buff thoroughly (including comers and behind doors) all
"floors using appropriate cleaning maternal for various tike es
5.
For floors where stripping, waXing or sealing is not indicated, a deep
eleming Shan beperfoffielf .
6.
Return all furni4he to its original position after the floors are cleaaed
and Leave baseboards and walls fret of splashes andfor marks from
Cleaning egtripment/Pmducfs -
B. CARPET
1,
3hainpno camel and area Ings .
Z.
Begrease and remove chemical spills from areas suround6g-all
-phofncupyluRchiues '
xoasam�ea Page 4 of 6
- ...........
_... .
3. Shampoo thoroughly (including comars and bet nd doors) all carpeted
" _-
areas using appropriate cleaning material for various carpet types ��
4, Return all fumitura to its original position after the floors are cleaned; and,
leave baseboards and wails frees of splashes andfur. marR4 from olmning
•
: egwpmendpraducts
,
C. FST OWS &tedor andFxteriar)
1. Clean fall length of all windows including frames and sills I;
2, Clean windows using ladders, scaffolding, hydraulic lift ar catwalks as
appropxiata
B. CIean thamughly, including tha temoval of hard' water strains and &ppsits
regardless of squrce, using appropdate cleaning materials
D. CEILWGIWA. Ll. VENTS !
1. Clean ceiling air vents _ i,
2, Clean wall, air or heat Vents 1
3: RemoVe all vents using ladders, scafiuLding, hydraulic lifts, or catwalks as i
4, Remove and clean thoroughly" all eovers using appropriate cfeming i
r
materials - !; i
5. Vacuum air venfs thoroughly
B. MECHO SHADES "
L Clean mecho shades -
2. Dry dust mecho shades using appropdatc equipment
3. I7b not remove mecho shades
::
�."FLI32NFTURL ,
1. Shampao'upholsfered furniture and clean wood, plastic, and viay,T chaos
'
every _
2. Shampoo and rcmovo stains thoroughly from all upliolste-red furniture
iWngappopriateeleauiagniatedaIsfor vLdonsuph6lsterytypes ,
3,' Clean thoroughly all wood, plastic and vihyT chairs using appropriate'
elaMing materials
4, Thomughlyyacu,=under seat cushions
xon 8a5o��.t page 5 of 6
Diamond Bar Center, Heritage Cam. Center and Pantera Activity R66m
SCOpR OF SF2VICE5
L GENERAL RES—CRn--ION OZi PACTLTFY ISEF. ATTACMM FLOORP_L ASST IN
APKNDIX Q
Approximately, 22;500 square feet, with the following floor coverings:
1
10,795 sf
Linoleum—
Diamond Bar Center, Heritage Cam. Center and Pantera Activity R66m
SCOpR OF SF2VICE5
L GENERAL RES—CRn--ION OZi PACTLTFY ISEF. ATTACMM FLOORP_L ASST IN
APKNDIX Q
Approximately, 22;500 square feet, with the following floor coverings:
Carpet —
10,795 sf
Linoleum—
1,897 sf
Wood--
1,352 sf
Tile —
2,567 sf
Stone --
1,836 sf
TOTAL 18,441 Squate Fect (Less than total of entire building because storage;
zooms not included)
m SCOPE OF WORK 7days per week
A. Di'I`ERIORBUILDiNG NAWI`ENANOR
1. Pick-up debris, trash, and zemove cobwebs and other foreign materials ftam doors, walls,
ceilings, partitions, vents, etc.
2_ Dust counter tops and other horizontal surfaces, .
3, Remove, empty, clean and disinfect ali trash xeceptacles.
4. Stack chairs on tables and clean floor area.
5. Inspect and replace bnmt out Iights and tubes.
6. Remove all materials, scrubbing techniques oz paint when applicable.
7. Clean doors, door frames, light switch, kick and push plates and handles.
S. Clean and disinfect top and sides of drinking fountains and around obstacles.
9. Sweep and dust mop tile areas to remove all stains and spills.
10. Spot mop all file areas to remove all stains and spills,
11, Replace chairs, tables and containers, etc.
12. Deodorize Room.
13. Immediately notify Director of any irregularities or hazards.
24. All areas shall be left clean and free of streaks, stains, film, debris, water spots and odors.
15_ Vaev= all carpeted areas and spot clean as necessary,
16. Sweep andmop kitchen and restroom floors.
17. Wash all windows and glass.doozs
18, Dust and disinfect all telephones
19. Machine buff floors
20. Thoroughly mop fileROOM tatang care to clean corners and around obstacles
21. Clean and d sjri&t all Aimitraeinclnding desks, ehalrs and tables
22, Dwt all exposed cabinets, book: cases, shelves and legs
23. Clean all floor drains
Q
C.
IN'pERIORBUILDiNGMA)INTWITANCE Quarterly
L Strip, clean, re5aish and machine polish (Director shallapprove the type of non-skid wax)
file floors
ll:iTCag-'sr LV ARUFNAtCE 7days per week
1. Damp clean and sanitize all counter taps
2: Empty, cleau and sanitize all trash containers.
3. Wash and sanitize all walls, splash boards; cupboard doors, stoves, dispensers, refrigerators
and other appliances,
4, Clean and sanitize stoves, ovens, other appliances, and food preparation surfaces. Note that
'special care is to be taken in the selection of products used hi the food preparation areas,
5, Thoroughly mop and'disinf ct: doors, taking care to clean corners and around other
obstacles.
6. Inspect and refill all dispensers.
D. RRSTRpp14'.€1idAil' TENANCE 7 days per week
All restrooma shall be cleaned tbotoughly in accordance with the following tasks:
1. pick up debris and trash, thea sweep floor, Removed materials are not to be swept outside
of the restroom,
2, Empty trash and uapkinreoeptacles, replace liners as needed.
3. Check and refill all dispensers as needed,
4. Replace burnt out light bulbs or tabes, inside of restroom and security lights outside,
5_ Remove all graffiti using graffiti tonoval materials or other scrubbing techniques.
6. Remove spitballs, cobwebs, and other foreign materials from doors, walls, ceiling,
partitions, vents, etc.
7. Do high and low dusting of ledges, tops of partitions, etc. using a dampened cloth or other
da -vice.
a. Disinfect the inside of urinals and toilets.
9. Disinfect the top and bottom of toilet seats, fixtures, and surfaces of had surrounding each
frxture,
10, Disinfect and completely wipe dry 211 partitions, doors, door frames, metal plates, handles
and hinges.
11. Disinfect around urinals, under sinks, around floor drains, and other areas where bacteria
might breed,
12. Dzsinfeet sinks, dispensers, reeoptachs, trash containers, and walls around such areas.
13, Clean. mirrors,
14. Scrub underneath sink and disinzect, Scrub sinks andwipo dry. Use a small scrub brush to
clean corners; cracks, and narrow areas.
15. Scrub inside surfaces of toilets and urinals. Be sure to scrub upper lip. Do not flush.
16. Scrub outside of toilets, urinals, aiid rear wall..
17. Wipe toilet seats, toilet bowls, ruinals and fixtures until dry,
19_ Disinfect and mop floors, making sure that corners, drains, areas atound toilets, and feet of
Leave the floor as dry as possible=
14. Wipe oil cove baso and ramovo mop strands caught around posts, oto.
20. Replace receptacles and trash coataines following their cleaning.
21, Doodorize the restroom&,
22. Immediately notify Director of any lnxrgalarldes or hazards,
—93- If running water, broken fixtures or plugged sewer lines cannot be nornnalized or isolated,
the restrobm is to be locked. and tate Director immediately notified.
U. All areas are to be left clean,and-free of streaks, stains, film, debris, water spots, and odors.
All ftxtuaes shall be clean, including Piping.
25. Make sura that supplies are in their appropriate dispensers and in adequate amounts to meet
the demand_
2.6. All leaking fixtures; clogged drains; stopped up or damaged basins, toilets, or urinals; and
damaged or inoperable lighting fixtnres that cannot bcrepairedby the following shall be
reported to the Director. (a) tightened to stop leaks; (b) unclogged by using a "plumber's
helper" or short snake.
27, Perform the following tasks prior to commeneing the task identified above;
a. Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under
the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not
flush.
b.: Using a bowl cleaner, descale and dissolve water rings on urinal surfaces and under
the flushing rim allowing the bowl cleaner to soak for 20 to 30 minutes. Do not
flush,
c. Following the soaking period, scrub the bowls and urinals to remove deposits and
stains and then flush the toilet bowls and urinals.
28. Use only materials that are not caustic or damaging to the fixtpres being cleaned.
29. Glean light fixture covers.
Meeting Date: November 1, 2016
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
AGENDA REPORT
FROM: James DeStefano, City Man��
TITLE: APPROPRIATE PROP A COUNT SAFE PARKS FUNDS IN THE AMOUNT
OF $65,218.87 AND QUIMBY FUNDS IN THE AMOUNT OF $13,172 TO THE
FY16-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE
PANTERA PARK TRAIL PROJECT; ADOPT RESOLUTION 2016 -XX
APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT AND AWARD OF CONTRACT FOR THE
CONSTRUCTION OF THE STEEP CANYON CONNECTOR TRAIL AND THE
PANTERA PARK TRAIL PROJECT TO CEM CONSTRUCTION CORP. IN
THE AMOUNT OF $471,340.75, PLUS A CONTINGENCY AMOUNT OF
$47,135.00 FOR A TOTAL AUTHORIZATION OF $518,475.75.
RECOMMENDATION: Appropriate, adopt, approve, and award.
BACKGROUND/ DISCUSSION:
The Steep Canyon Connector Trail and the Pantera Park Trail are identified in the Trails Master
Plan as opportunities to improve and enhance the Diamond Bar trails system. As shown on the
attached vicinity maps, the Steep Canyon Connector Trail will be about 950 feet long and will
start at the top of the stairs above the Steep Canyon Trailhead and connect to the southeast of
the Canyon Loop Trail. Construction of this trail will create a fence barrier between the trail and
private property adjacent to the trail and will eliminate the need to hike on steep slopes,
especially when the trail is wet. Other amenities that will be constructed include benches, trash
receptacles, lodgepole fencing, signage, cobble drainage swales and, if necessary, stairs with
handrails.
The Pantera Park Trail will be about 2,500 feet long and will start on Pantera Drive above the
Dog Park. The trail will run in two directions. One direction will go down a set of concrete stairs,
between the two dog play areas and up the steep hill to the top. The second direction will go to
the right toward the water district reservoirs and connect to the Silver Tip Trail. Construction of
this trail will improve the experience for hikers coming down the steep slope off of Pantera Drive
and going up the steeper slope to the top of the hill. This improved access will reward the hikers
1
with a great 360 degree view of the surrounding open space from the top. Other amenities that
will be constructed include benches, trash receptacles, lodgepole fencing, signage, cobble
drainage swales and concrete stairs with handrails.
With the completion of the plans and specifications, the project was advertised for bids on
August 25, 2016. On September 15, 2016, six (6) bids were received. CEM Construction
Corp. submitted the lowest base bid in the amount of $471,340.75.
The following is a summary of the bids received.
No.
Contractor
Steep Canyon
Connector Trail
Pantera Park
Trait
Total Bid
1.
CEM Construction Corp.
$80,503.50
$390,837.25
$471,340.75
2.
Premier Developing Service
$106,057.25
$429,706.50
$535,763.75
3.
Leonida Builders Inc
$166,170.00
$387,753.00
$553,923.00
4.
C.S. Legacy Construction
$101,561.00
$507,246.00
$608,807.90
5.
Green Building Corp.
$125,026.00
$520,770.00
$645,796.00
6.
Byrom- Davey, Inc.
$156,643.50
$764,024.00
$920,667.50
The engineer's estimate was $401,563 which is $69,777.75 lower than the CEM
Construction's bid for Steep Canyon Connector Trail and Pantera Park Trail Project. The
main differences between the project engineer's estimate and the CEM Construction's bid are
the following four (4) bid items out of forty-five (45) bid items: Survey/Staking;
Grading/Compaction of the Native Trails; Concrete Stairs & Installation; and Handrails as
shown in the table below.
Bid Item
Engineer's Estimate
CEM
Construction
Difference
Survey/ Staking
$5,000
$22,000
$17,000
Grading & compaction
$3,888
$28,800
$24,912
Concrete Steps & Installation
$3,000
$15,000
$12,000
Handrails -4 bid items
$3,360
$19,400
$16,040
Total Difference
$59,952
Staff has verified the contractor state license for CEM Construction Corp. and found it to be
valid. References were also checked and excellent comments were given about the work
completed.
The project schedule is tentatively set as follows:
Award of Contract November 1, 2016
Notice to Proceed/Begin Construction Mid- November 2016
Completion of Construction Mid- April 2017
2
FINANCIAL IMPACT:
The Capital Improvement Project Budget for the Steep Canyon Connector Trail Project
includes $153,915 of Recreation Trails Grant, and $18,369.00 of Park Development Funds for a
total allocation of $172,284. To date a total of $37,483.29 has been encumbered or expended
leaving a balance of $134,800.71.
STEEP CANYON CONNECTOR TRAIL
PROJECT
Budget
Encumbrance/
Expenditures
Balance
Recreation Trails Grant
$153,915.00
$153,915.00
Park Development Funds
$18,369.00
$172,284.00
ICG (Project Design)
$72,594.00
($35,685.00)
$136,599.00
Plan Check Services
($1,698.29)
$134,900.71
California Conservation Corps. (Brush
Clearance)
($100.00)
$134,800.71
CEM Construction Corp. (Construction)
($80,503.00)
$54,297.71
Construction Contingency (10%)
($8,052.00)
$46,245.71
PENCO Engineering (Grading
Inspection)
$65,218.87
($5,000.00)
$41,245.71
The Capital Improvement Project Budget for the Pantera Park Trail Project includes $181,579.00
of Habitat Conservation Grant Funds, $116,497.00 of Land & Water Conservation Grant Funds,
and $72,594.00 of Park Development Funds for a total allocation of $370,670.00. As shown in the
following table, the requested appropriation of $65,218.87 of Prop A County Safe Parks and
$13,172 of Quimby Funds will be necessary to fully fund the project for an increased total
allocation of $449,060.87.
PANTERA PARK TRAIL PROJECT
Budget
Encumbrance/
Expenditures
Balance
Habitat Conservation Grant
$181,579.00
$181,579.00
Land & Water Conservation Grant
$116,497.00
$298,076.00
Park Development Funds
$72,594.00
$370,670.00
ICG (Project Design)
($14,140.00)
$356,530.00
CEM Construction Corp. (Construction)
($390,837.25)
-$34,307.25
Construction Contingency (10%)
($39,083.00)
-$73,390.25
PENCO Engineering (Grading
Inspection)
($5,000.00)
-$78,390.25
Prop A County Safe Parks
(Appropriation)
$65,218.87
$13,171.38
Quimby Funds (Appropriation)
$13,172.00
$0.62
The contingency for CEM Construction contract in the amount of $8,052.00 for Steep Canyon
Connector Trail Project and $39,083.00 for Pantera Park Trail Project will only be used in the
Meeting Date: November 1, 2016
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
AGENDA REPORT
FROM: James DeStefano, City Man��
TITLE: APPROPRIATE PROP A COUNT SAFE PARKS FUNDS IN THE AMOUNT
OF $65,218.87 AND QUIMBY FUNDS IN THE AMOUNT OF $13,172 TO THE
FY16-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE
PANTERA PARK TRAIL PROJECT; ADOPT RESOLUTION 2016 -XX
APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT AND AWARD OF CONTRACT FOR THE
CONSTRUCTION OF THE STEEP CANYON CONNECTOR TRAIL AND THE
PANTERA PARK TRAIL PROJECT TO CEM CONSTRUCTION CORP. IN
THE AMOUNT OF $471,340.75, PLUS A CONTINGENCY AMOUNT OF
$47,135.00 FOR A TOTAL AUTHORIZATION OF $518,475.75.
RECOMMENDATION: Appropriate, adopt, approve, and award.
BACKGROUND/ DISCUSSION:
The Steep Canyon Connector Trail and the Pantera Park Trail are identified in the Trails Master
Plan as opportunities to improve and enhance the Diamond Bar trails system. As shown on the
attached vicinity maps, the Steep Canyon Connector Trail will be about 950 feet long and will
start at the top of the stairs above the Steep Canyon Trailhead and connect to the southeast of
the Canyon Loop Trail. Construction of this trail will create a fence barrier between the trail and
private property adjacent to the trail and will eliminate the need to hike on steep slopes,
especially when the trail is wet. Other amenities that will be constructed include benches, trash
receptacles, lodgepole fencing, signage, cobble drainage swales and, if necessary, stairs with
handrails.
The Pantera Park Trail will be about 2,500 feet long and will start on Pantera Drive above the
Dog Park. The trail will run in two directions. One direction will go down a set of concrete stairs,
between the two dog play areas and up the steep hill to the top. The second direction will go to
the right toward the water district reservoirs and connect to the Silver Tip Trail. Construction of
this trail will improve the experience for hikers coming down the steep slope off of Pantera Drive
and going up the steeper slope to the top of the hill. This improved access will reward the hikers
1
with a great 360 degree view of the surrounding open space from the top. Other amenities that
will be constructed include benches, trash receptacles, lodgepole fencing, signage, cobble
drainage swales and concrete stairs with handrails.
With the completion of the plans and specifications, the project was advertised for bids on
August 25, 2016. On September 15, 2016, six (6) bids were received. CEM Construction
Corp. submitted the lowest base bid in the amount of $471,340.75.
The following is a summary of the bids received.
No.
Contractor
Steep Canyon
Connector Trail
Pantera Park
Trait
Total Bid
1.
CEM Construction Corp.
$80,503.50
$390,837.25
$471,340.75
2.
Premier Developing Service
$106,057.25
$429,706.50
$535,763.75
3.
Leonida Builders Inc
$166,170.00
$387,753.00
$553,923.00
4.
C.S. Legacy Construction
$101,561.00
$507,246.00
$608,807.90
5.
Green Building Corp.
$125,026.00
$520,770.00
$645,796.00
6.
Byrom- Davey, Inc.
$156,643.50
$764,024.00
$920,667.50
The engineer's estimate was $401,563 which is $69,777.75 lower than the CEM
Construction's bid for Steep Canyon Connector Trail and Pantera Park Trail Project. The
main differences between the project engineer's estimate and the CEM Construction's bid are
the following four (4) bid items out of forty-five (45) bid items: Survey/Staking;
Grading/Compaction of the Native Trails; Concrete Stairs & Installation; and Handrails as
shown in the table below.
Bid Item
Engineer's Estimate
CEM
Construction
Difference
Survey/ Staking
$5,000
$22,000
$17,000
Grading & compaction
$3,888
$28,800
$24,912
Concrete Steps & Installation
$3,000
$15,000
$12,000
Handrails -4 bid items
$3,360
$19,400
$16,040
Total Difference
$59,952
Staff has verified the contractor state license for CEM Construction Corp. and found it to be
valid. References were also checked and excellent comments were given about the work
completed.
The project schedule is tentatively set as follows:
Award of Contract November 1, 2016
Notice to Proceed/Begin Construction Mid- November 2016
Completion of Construction Mid- April 2017
2
FINANCIAL IMPACT:
The Capital Improvement Project Budget for the Steep Canyon Connector Trail Project
includes $153,915 of Recreation Trails Grant, and $18,369.00 of Park Development Funds for a
total allocation of $172,284. To date a total of $37,483.29 has been encumbered or expended
leaving a balance of $134,800.71.
STEEP CANYON CONNECTOR TRAIL
PROJECT
Budget
Encumbrance/
Expenditures
Balance
Recreation Trails Grant
$153,915.00
$153,915.00
Park Development Funds
$18,369.00
$172,284.00
ICG (Project Design)
$72,594.00
($35,685.00)
$136,599.00
Plan Check Services
($1,698.29)
$134,900.71
California Conservation Corps. (Brush
Clearance)
($100.00)
$134,800.71
CEM Construction Corp. (Construction)
($80,503.00)
$54,297.71
Construction Contingency (10%)
($8,052.00)
$46,245.71
PENCO Engineering (Grading
Inspection)
$65,218.87
($5,000.00)
$41,245.71
The Capital Improvement Project Budget for the Pantera Park Trail Project includes $181,579.00
of Habitat Conservation Grant Funds, $116,497.00 of Land & Water Conservation Grant Funds,
and $72,594.00 of Park Development Funds for a total allocation of $370,670.00. As shown in the
following table, the requested appropriation of $65,218.87 of Prop A County Safe Parks and
$13,172 of Quimby Funds will be necessary to fully fund the project for an increased total
allocation of $449,060.87.
PANTERA PARK TRAIL PROJECT
Budget
Encumbrance/
Expenditures
Balance
Habitat Conservation Grant
$181,579.00
$181,579.00
Land & Water Conservation Grant
$116,497.00
$298,076.00
Park Development Funds
$72,594.00
$370,670.00
ICG (Project Design)
($14,140.00)
$356,530.00
CEM Construction Corp. (Construction)
($390,837.25)
-$34,307.25
Construction Contingency (10%)
($39,083.00)
-$73,390.25
PENCO Engineering (Grading
Inspection)
($5,000.00)
-$78,390.25
Prop A County Safe Parks
(Appropriation)
$65,218.87
$13,171.38
Quimby Funds (Appropriation)
$13,172.00
$0.62
The contingency for CEM Construction contract in the amount of $8,052.00 for Steep Canyon
Connector Trail Project and $39,083.00 for Pantera Park Trail Project will only be used in the
event of unforeseen circumstances that will warrant a contract change order. If the
contingency is not used, the total amount of $47,135.00 in funds will be returned to the
respective fund balance at the completion of the project.
PREPARED BY:
John Beshay, Associate Engineer
REVIEWED BY•
David . Liu, P.E.
Director of Public Works/ City Engineer
Attachments: Vicinity Maps
Resolution 2016 -XX
Contractor Agreement
4
DATE PREPARED:
October 25, 2016
Dianna Honeywell
Finance Director
event of unforeseen circumstances that will warrant a contract change order. If the
contingency is not used, the total amount of $47,135.00 in funds will be returned to the
respective fund balance at the completion of the project.
PREPARED BY:
John Beshay, Associate Engineer
REVIEWED BY•
David . Liu, P.E.
Director of Public Works/ City Engineer
Attachments: Vicinity Maps
Resolution 2016 -XX
Contractor Agreement
4
DATE PREPARED:
October 25, 2016
Dianna Honeywell
Finance Director
Meeting Date: November 1, 2016
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
AGENDA REPORT
FROM: James DeStefano, City Man��
TITLE: APPROPRIATE PROP A COUNT SAFE PARKS FUNDS IN THE AMOUNT
OF $65,218.87 AND QUIMBY FUNDS IN THE AMOUNT OF $13,172 TO THE
FY16-17 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR THE
PANTERA PARK TRAIL PROJECT; ADOPT RESOLUTION 2016 -XX
APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A
PROJECT PAYMENT ACCOUNT AND AWARD OF CONTRACT FOR THE
CONSTRUCTION OF THE STEEP CANYON CONNECTOR TRAIL AND THE
PANTERA PARK TRAIL PROJECT TO CEM CONSTRUCTION CORP. IN
THE AMOUNT OF $471,340.75, PLUS A CONTINGENCY AMOUNT OF
$47,135.00 FOR A TOTAL AUTHORIZATION OF $518,475.75.
RECOMMENDATION: Appropriate, adopt, approve, and award.
BACKGROUND/ DISCUSSION:
The Steep Canyon Connector Trail and the Pantera Park Trail are identified in the Trails Master
Plan as opportunities to improve and enhance the Diamond Bar trails system. As shown on the
attached vicinity maps, the Steep Canyon Connector Trail will be about 950 feet long and will
start at the top of the stairs above the Steep Canyon Trailhead and connect to the southeast of
the Canyon Loop Trail. Construction of this trail will create a fence barrier between the trail and
private property adjacent to the trail and will eliminate the need to hike on steep slopes,
especially when the trail is wet. Other amenities that will be constructed include benches, trash
receptacles, lodgepole fencing, signage, cobble drainage swales and, if necessary, stairs with
handrails.
The Pantera Park Trail will be about 2,500 feet long and will start on Pantera Drive above the
Dog Park. The trail will run in two directions. One direction will go down a set of concrete stairs,
between the two dog play areas and up the steep hill to the top. The second direction will go to
the right toward the water district reservoirs and connect to the Silver Tip Trail. Construction of
this trail will improve the experience for hikers coming down the steep slope off of Pantera Drive
and going up the steeper slope to the top of the hill. This improved access will reward the hikers
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with a great 360 degree view of the surrounding open space from the top. Other amenities that
will be constructed include benches, trash receptacles, lodgepole fencing, signage, cobble
drainage swales and concrete stairs with handrails.
With the completion of the plans and specifications, the project was advertised for bids on
August 25, 2016. On September 15, 2016, six (6) bids were received. CEM Construction
Corp. submitted the lowest base bid in the amount of $471,340.75.
The following is a summary of the bids received.
No.
Contractor
Steep Canyon
Connector Trail
Pantera Park
Trait
Total Bid
1.
CEM Construction Corp.
$80,503.50
$390,837.25
$471,340.75
2.
Premier Developing Service
$106,057.25
$429,706.50
$535,763.75
3.
Leonida Builders Inc
$166,170.00
$387,753.00
$553,923.00
4.
C.S. Legacy Construction
$101,561.00
$507,246.00
$608,807.90
5.
Green Building Corp.
$125,026.00
$520,770.00
$645,796.00
6.
Byrom- Davey, Inc.
$156,643.50
$764,024.00
$920,667.50
The engineer's estimate was $401,563 which is $69,777.75 lower than the CEM
Construction's bid for Steep Canyon Connector Trail and Pantera Park Trail Project. The
main differences between the project engineer's estimate and the CEM Construction's bid are
the following four (4) bid items out of forty-five (45) bid items: Survey/Staking;
Grading/Compaction of the Native Trails; Concrete Stairs & Installation; and Handrails as
shown in the table below.
Bid Item
Engineer's Estimate
CEM
Construction
Difference
Survey/ Staking
$5,000
$22,000
$17,000
Grading & compaction
$3,888
$28,800
$24,912
Concrete Steps & Installation
$3,000
$15,000
$12,000
Handrails -4 bid items
$3,360
$19,400
$16,040
Total Difference
$59,952
Staff has verified the contractor state license for CEM Construction Corp. and found it to be
valid. References were also checked and excellent comments were given about the work
completed.
The project schedule is tentatively set as follows:
Award of Contract November 1, 2016
Notice to Proceed/Begin Construction Mid- November 2016
Completion of Construction Mid- April 2017
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FINANCIAL IMPACT:
The Capital Improvement Project Budget for the Steep Canyon Connector Trail Project
includes $153,915 of Recreation Trails Grant, and $18,369.00 of Park Development Funds for a
total allocation of $172,284. To date a total of $37,483.29 has been encumbered or expended
leaving a balance of $134,800.71.
STEEP CANYON CONNECTOR TRAIL
PROJECT
Budget
Encumbrance/
Expenditures
Balance
Recreation Trails Grant
$153,915.00
$153,915.00
Park Development Funds
$18,369.00
$172,284.00
ICG (Project Design)
$72,594.00
($35,685.00)
$136,599.00
Plan Check Services
($1,698.29)
$134,900.71
California Conservation Corps. (Brush
Clearance)
($100.00)
$134,800.71
CEM Construction Corp. (Construction)
($80,503.00)
$54,297.71
Construction Contingency (10%)
($8,052.00)
$46,245.71
PENCO Engineering (Grading
Inspection)
$65,218.87
($5,000.00)
$41,245.71
The Capital Improvement Project Budget for the Pantera Park Trail Project includes $181,579.00
of Habitat Conservation Grant Funds, $116,497.00 of Land & Water Conservation Grant Funds,
and $72,594.00 of Park Development Funds for a total allocation of $370,670.00. As shown in the
following table, the requested appropriation of $65,218.87 of Prop A County Safe Parks and
$13,172 of Quimby Funds will be necessary to fully fund the project for an increased total
allocation of $449,060.87.
PANTERA PARK TRAIL PROJECT
Budget
Encumbrance/
Expenditures
Balance
Habitat Conservation Grant
$181,579.00
$181,579.00
Land & Water Conservation Grant
$116,497.00
$298,076.00
Park Development Funds
$72,594.00
$370,670.00
ICG (Project Design)
($14,140.00)
$356,530.00
CEM Construction Corp. (Construction)
($390,837.25)
-$34,307.25
Construction Contingency (10%)
($39,083.00)
-$73,390.25
PENCO Engineering (Grading
Inspection)
($5,000.00)
-$78,390.25
Prop A County Safe Parks
(Appropriation)
$65,218.87
$13,171.38
Quimby Funds (Appropriation)
$13,172.00
$0.62
The contingency for CEM Construction contract in the amount of $8,052.00 for Steep Canyon
Connector Trail Project and $39,083.00 for Pantera Park Trail Project will only be used in the
event of unforeseen circumstances that will warrant a contract change order. If the
contingency is not used, the total amount of $47,135.00 in funds will be returned to the
respective fund balance at the completion of the project.
PREPARED BY:
John Beshay, Associate Engineer
REVIEWED BY•
David . Liu, P.E.
Director of Public Works/ City Engineer
Attachments: Vicinity Maps
Resolution 2016 -XX
Contractor Agreement
4
DATE PREPARED:
October 25, 2016
Dianna Honeywell
Finance Director
event of unforeseen circumstances that will warrant a contract change order. If the
contingency is not used, the total amount of $47,135.00 in funds will be returned to the
respective fund balance at the completion of the project.
PREPARED BY:
John Beshay, Associate Engineer
REVIEWED BY•
David . Liu, P.E.
Director of Public Works/ City Engineer
Attachments: Vicinity Maps
Resolution 2016 -XX
Contractor Agreement
4
DATE PREPARED:
October 25, 2016
Dianna Honeywell
Finance Director
VICINITY MAP"
CO a
m
`s % G
C9
d A VE.
STEEP CANYON
TRAIL LOCATION
PANTERAiPARK
TRAIL LOCATION
Not To Scale
NEW CONCRETE
SIDEWALK. SEE SHEET A-1
EXISTING TRAIL
STEPS
STEEP CANYON
LIMIT OF TRAIL IMPROVEMENT
NOT TO SCALE
VICINITY MAP 2
PANTERA PARK
LIMIT OF TRAIL IMPROVEMENT
NOT TO SCALE
RESOLUTION NO. 2016 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE DESIGN AND PLANS FOR THE
CONSTRUCTION OF THE STEEP CANYON CONNECTOR TRAIL AND
THE PANTERA PARK TRAIL PROJECT PURSUANT TO GOVERNMENT
CODE SECTION 830.6 AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT.
The City Council of the City of Diamond Bar does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City retained Integrated Consulting Group, Inc ("Consultant") as the
engineer to design and prepare the plans for the Steep Canyon Connector
Trail and the Pantera Park Trail project;
B. The Consultant informed the City Engineer that these plans are complete
and that construction of the Project may begin;
C. The City Engineer reviewed the completed design and plans for the
Project and agrees with the Consultant that the plans are complete and
the Project may be constructed;
D. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity; Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or
designee, to establish a fund containing sufficient monies from the current
fiscal year budget to pay for the Project ("Project Payment Account').
The Project Payment Account is the sole source of funds available for the
Contract Sum, as defined in the Contract Document administering the
Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED this 1st day of November, 2016.
Nancy A. Lyons, Mayor
I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California, do hereby
certify that the foregoing Resolution No. 2016 -XX was duly and regularly passed and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting
held on the 1st day of November, 2016, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Tommye A. Cribbins, City Clerk
AGREEMENT
The following agreement ("AGREEMENT") is made and entered into, in
duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by
and between CEM Construction Corp. hereinafter referred to as the "CONTRACTOR"
and the City of Diamond Bar, California, hereinafter referred to as "CITY".
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly
opened, and declared on the date specified in the notice; and
WHEREAS, CITY accepted the bid of CONTRACTOR CEM Construction Corp.
and;
WHEREAS, CITY has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Steep Canyon
Connector Trail and the Pantera Park Trail Project in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all,
necessary labor, tools, materials, appliances, and equipment for and do the work for the
Steep Canyon Connector Trail and the Pantera, Park Trail Project in the City of
Diamond Bar. The work to be performed in accordance with the plans and
specifications, dated August 2016 (The Plans and Specifications) on file in the office of
the City Clerk and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED
COMPLEMENTARY: The Plans and Specifications are incorporated herein by
reference and made a part hereof with like force and effect as if set forth in full herein.
The Plans and Specifications, CONTRACTOR'S Bid dated September 15, 2016,
together with this AGREEMENT, shall constitute the contract between the parties. This
AGREEMENT is intended to require a complete and finished piece of work and anything
necessary to complete the work properly and in accordance with the law and lawful
governmental regulations shall be performed by the CONTRACTOR whether set out
specifically in the contract or not. Should it be ascertained that any inconsistency exists
between the aforesaid documents and this AGREEMENT, the provisions of this
AGREEMENT shall control.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the
prices set forth in its Bid Proposal as full compensation for furnishing all materials,
performing all work, and fulfilling all obligations hereunder. Said compensation shall
cover all expenses, losses, damages, and consequences arising out of the nature of the
work during its progress or prior to its acceptance including those for well and faithfully
completing the work and the whole thereof in the manner and time specified in the
aforesaid contract documents; and also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
work, suspension or discontinuance of the work, and all other unknowns or risks of any
description connected with the work.
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4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work
within one -hundred and twenty (120) calendar days from the date of the notice to
CONTRACTOR agrees further to the assessment of liquidated damages
in the amount of five hundred ($500) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. CITY may deduct the amount
thereof from any monies due or that may become due the CONTRACTOR under this
AGREEMENT. Progress payments made after the scheduled date of completion shall
not constitute a waiver of liquidated damages.
5. INSURANCE: CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or
companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to
commence work on his subcontract until all insurance required of the subcontractor has
been obtained. The CONTRACTOR shall take out and maintain at all times during the
life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the CITY a certificate of insurance
as proof that he has taken out full workers' compensation insurance
for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in
accordance with the laws of the State of California. Such insurance
shall be maintained in full force and effect during the period
covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every CONTRACTOR shall secure the payment of
compensation to his employees. The CONTRACTOR, prior to
commencing work, shall sign and file with the CITY a certification
as follows:
"I am aware of the provisions of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code, and
I will comply with such provisions before commencing the
performance of work of this contract."
For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the
following minimum limits and coverage:
1) General Liability - $1,000,000 per occurrence for bodily
injury, personal injury and property damage. If Commercial
General Liability insurance or other form with a general
aggregate limit is used, either the general aggregate limit
shall apply separately to this AGREEMENT or the general
aggregate limit shall be twice the required occurrence limit.
2) Automobile - $1,000,000 per accident for bodily injury and
property damage.
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3) Employer's Liability - $1,000,000 per accident for bodily
injury or disease.
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by
CITY, which is authorized to do business in the State of
California.
2) Name as additional insured the City of Diamond Bar, its
officers, agents and employees, and any other parties
specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance
held or owned by the designated additional insured shall be
called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not
be canceled nor the amount of the coverage thereof reduced
until thirty (30) days after receipt by CITY of a written notice
of such cancellation or reduction of coverage."
5) Otherwise be in form satisfactory to the CITY.
The policy of insurance provided for in subparagraph a. shall
contain an endorsement which:
1) Waives all right of subrogation against all persons and
entities specified in subparagraph 4.c.(2) hereof to be listed
as additional insured in the policy of insurance provided for
in paragraph b. by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any
subcontractor in performing the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (30)
days' written notice thereof given to CITY.
e. The CONTRACTOR shall, prior to performing any work under this
AGREEMENT, deliver to the City Manager or his designee the
original policies of insurance required in paragraphs a. and b.
hereof, or deliver to the City Manager or his designee a certificate
of the insurance company, showing the issuance of such insurance,
and the additional insured and other provisions required herein.
Self Insured Retention/Deductibles. All policies required by this
AGREEMENT shall allow CITY, as additional insured, to satisfy the
self-insured retention ("SIR") and/or deductible of the policy in lieu
of the Owner (as the named insured) should CONTRACTOR 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. CONTRACTOR understands and agrees that
satisfaction of this requirement is an express condition precedent to
the effectiveness of this AGREEMENT. Failure by CONTRACTOR
as primary insured to pay its SIR or deductible constitutes a
material breach of this AGREEMENT. Should CITY pay the SIR or
deductible on CONTRACTOR's behalf upon the CONTRACTOR'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
CONTRACTOR for breach of this AGREEMENT in addition to any
other damages incurred by CITY due to the breach.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the public works is
performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial Relations
of the State of California is required to and has determined such general prevailing rates
of per diem wages. Copies of such prevailing rates of per diem wages are on file in the
Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar,
California, and are available to any interested party on request. CITY also shall cause a
copy of such determinations to be posted at the job site.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred
dollars ($200.00) for each laborer, workman or mechanic employed for each calendar
day or portion thereof, if such laborer, workman or mechanic is paid less than the
general prevailing rate of wages hereinbefore stipulated for any work done under this
AGREEMENT, by him or by any subcontractor under him.
CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which
precludes the award of a contract for a public work on any public works project awarded
after April 1, 2015. This Agreement is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the
California Apprenticeship Council, properly indentured apprentices may be employed in
the performance of the work.
CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeship trade on such contracts and if other
CONTRACTOR'S on the public works site are making such contributions.
CONTRACTOR and subcontractor under him shall comply with the requirements
of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a
legal day's work for all workmen employed in the execution of this contract, and the
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CONTRACTOR and any sub -contractor under him shall comply with and be governed
by the laws of the State of California having to do with working hours set forth in
Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as
amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars
($25.00) for each laborer, workman or mechanic employed in the execution of the
contract, by him or any sub- CONTRACTOR under him, upon any of the work
hereinbefore mentioned, for each calendar day during which the laborer, workman or
mechanic is required or permitted to labor more than eight (8) hours in violation of the
Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay
travel and subsistence pay to each workman needed to execute the work required by
this contract as such travel and subsistence payments are defined in the applicable
collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and
employees ("Indemnitees") shall not be answerable or accountable in any manner for
any loss or damage that may happen to the work or any part thereof, or for any of the
materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workers or employees of CONTRACTOR, of
its subcontractors or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work.
CONTRACTOR shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or
property, penalties, obligations or liabilities that may be asserted or claimed by any
person, firm, entity, corporation, political subdivision, or other organization arising out of
or in connection with the work, operation, or activities of CONTRACTOR, its agents,
employees, subcontractors or invitees provided for herein, whether or not there is
concurrent passive negligence on the part of CITY. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection
with any such claims, damages, penalties, obligations or liabilities
and will pay all costs and expenses, including attorneys' fees,
expert fees and costs incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages,
penalties, obligations and liabilities arising out of or in connection
with such work, operations or activities of CONTRACTOR
hereunder, and CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
C. In the event Indemnitees are made a party to any action or
proceeding filed or prosecuted against CONTRACTOR for
damages or other claims arising out of or in connection with the
work, operation or activities hereunder, CONTRACTOR agrees to
pay to Indemnitees and any all costs and expenses incurred by
Indemnitees in such action or proceeding together with reasonable
attorneys' fees.
L
Contractor's obligations under this section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of CITY under any provision of
this AGREEMENT, Contractor shall not be required to indemnify and hold harmless
CITY for liability attributable to the active negligence of CITY, provided such active
negligence is determined by agreement between the parties or by the findings of a court
of competent jurisdiction. In instances where CITY is shown to have been actively
negligent and where CITY active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage
of liability not attributable to the active negligence of CITY.
So much of the money due to CONTRACTOR under and by virtue of the contract
as shall be considered necessary by CITY may be retained by CITY until disposition
has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended
to be as broad and inclusive as is permitted by the law of the State of California. This
indemnity provision shall survive the termination of the AGREEMENT and is in addition
to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverage which may have been required under this AGREEMENT or any
additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the CONTRACTOR
regardless of any prior, concurrent, or subsequent passive negligence by the
Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by
this AGREEMENT because of the race, color or religion of such person. A violation of
this section exposes the CONTRACTOR to the penalties provided for in Labor Code
Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project
Payment Account, encumbered money in the current budget, and assigned that money
to the Project Payment Account, which is the sole source of funds available for payment
of the contract sum set forth in Section 3 of this AGREEMENT. CONTRACTOR
understands and agrees that CONTRACTOR will be paid only from this special fund
and if for any reason this fund is not sufficient to pay CONTRACTOR, CONTRACTOR
will not be entitled to payment. The availability of money in this fund, and CITY's ability
to draw from this fund, are conditions precedent to CITY's obligation to make payments
to CONTRACTOR.
13. TERMINATION: This AGREEMENT may be terminated by the CITY, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least
thirty (30) days prior to the date of termination specified in the notice. In the event of
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such termination, CONTRACTOR shall only be paid for services rendered and
expenses necessarily incurred prior to the effective date of termination and those
reasonably necessary to effectuate the termination. CONTRACTOR shall not be
entitled to any claim for lost profits.
State of California
"CONTRACTOR'S" License No. 951234
CONTRACTOR'S Business Phone: (562) 708-3586
CONTRACTOR'S emergency phone which can be reached at any time:
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT
with all the formalities required by law on the respective dates set forth opposite their
signatures.
By:
Title:
Date:
By:
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By:
NANCY A. LYONS, MAYOR
Date
ATTEST:
By:
TOMMYE CRIBBINS, CITY CLERK
Date
APPROVED AS TO FORM:
DAVID A. DEBERRY. CITY ATTORNEY
Date
7
*NOTE: If Contractor is a corporation, the City requires the following
signature(s):
- The Chairman of the Board, the President or a Vice -President, AND (2)
the Secretary, the Chief Financial Officer, the Treasurer, an Assistant
Secretary or an Assistant Treasurer. If only one corporate officer exists or
one corporate officer holds more than one corporate office, please so
indicate. OR
-- The corporate officer named in a corporate resolution as authorized to
enter into this Agreement. A copy of the corporate resolution, certified by
the Secretary close in time to the execution of the Agreement, must be
provided to the City.
M
BIDDER'S PROPOSAL
FOR
STEEP CANYON and PANTERA PARK TRAIL PROJECT
IN THE CITY OF DIAMOND BAR, CALIFORNIA
Date Oa J 3 j 2016
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) Thattheonly persons or parties interested in this rproposal as principals are the following:
A
Toe sr C/?�_.r✓. 11/,— 1l, r.:�..'7���.rscnL
(If the bidder is a corporation, give the name of the corporation and the name of its president,
secretary, treasurer, and manager. If a co -partnership, give the name under which the co-
partnership does business, and the names and addresses of all co-partners. If an individual, state
the name under which the contract is to be drawn.)
(b) That this proposal is made without collusion with any person, time or corporation.
(c) That he has carefully examined the location of the proposed work and has familiarized himself
with all of the physical and climatic conditions, and makes this bid solely upon his own
knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt and knowledge of the
contents of those communications sent by the City of Diamond Bar to him at the address
famished by him to the City of Diamond Bar when this proposal form was obtained.
(e) That he has carefully examined the specifications, both general and detail, and the drawings
attached hereto, and communications sent to him as aforesaid, and makes this proposal in
accordance therewith.
(f) That, if this bid is accepted he will enter into a written contract for the performance of the
proposed work with the City of Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full payment for the work actually
done thereunder the prices shown in the attached schedule. It is understood and agreed that the
quantities set forth are estimates and that the unit prices will apply to the actual quantities
whatever they may be.
Accompanying this proposal is a certified or cashier's check or bidder's bond, payable to the order of
the City of Diamond Bar in the sum of
in t�eiTi'A DOLLARS ($ 10'/ -! '9' 0
Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety
company authorized to transact business in this state..
It is understood and agreed that should the bidder fail within ten days after award of contract to enter
into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond,
shall become the property of the City of Diamond Bar, but if this Contract is entered into and said
bonds are furnished, or if the bid is not accepted then said check shall be returned to the undersigned;
or the bidder will be released from the bidder's bond.
a07 �rC iccn��ln �zcN ll 'f1Yy CO `c" -'-NO 5f,a
Address of Bidder Telephone of Bidder
41 ]cul Ch—ut/t��
cityN � � ��Zip Code �Signature of Bidder ` / A -A AAL"
12
STEEP CANYON and PANTERA PARK TRAIL PROJECT
PROJECTS NO. 25514 & 25416
Hid Schedule
Note: Failure to provide an acceptable lump sum bid breakdown when requested may be
cause for rejection of the bid as "non-responsive."
PANTERA PARK TRAIL ENHANCEMENT
BASE BID - LUMP SUM BID BREAKDOWN - Revised: 08/04/16
J
I
DIVISION
Umts
Unit Cost
CODE
SCOPE OF WORK -.
01000
01240
Mobilization Per Specifications
1
LS
$ 13 U00
j I D 0 C>
01300
Demolition
u /
02210
Surveying and Staking
1
LS
$
$
3
J
I
L)[VISION- 02
`!CQDE-
SCOP OF WORK
02110
Clear and Grub 2' Trail, Selective
2,442
SF
$ L C
5
$ 2
Demolition
u /
02110
Clear and Grub 4' Trail, Selective
12,776
SF
$ e
I
$
3
Demolition
,
02110
Clear and Grub 5' ADA Trail, Selective
1,863
SF
$
('75
$
Demolition
J Ol
02110
Clear and Grub 6' Trail, Selective
1,910
SF
$ j
3 ' �`}
Demolition
J
/C
02110
ADA Parking Stall Removal Demolition
1
LS
$ `2t s �, c
�A
$ 1
J
02210
Grading, 4" to 6" Granite River Rock at
32
TON
$
$ l 5 C ( i
Drainage Swale Material & Installation
y
Grading, 4" to 6" Granite River Rock at
02210
Water Diverters 6' Trail Material &
45
TON
$ 11 '�
`1
$ , i S
J
Installation
Grading, 6" to 8" Granite River Rock at
FTO$S
02210
Erosion Prevention @ Water Barriers
3
5
$ I J">
Material & Installation
02210
Grading, 2', 4' & 6' Native Trail 90%
141
Cy
$ a ['
Is Sic� c
Compaction
02210
Grading, ADA Native Trail 90%
23
CY
$
$ !�
Compaction
I
02452
Site Signage Material & Installation
6
EA
$ (�!
$
02515
Concrete Steps and Installation
1
LS
$ ' C �; �5 .
$ l oo c
J
I
02730
Technisoil, D.G. at 4' Tread Riser Material
&
4
CY
$ 1 y
$
Installation
CJ✓
1 s
02730
Technisoil, D.G. at 6' Tread Riser Material
13
CY
$
$
& Installation
L
02730
NexPave soil, D.G. at 5' ADA Trail
1,035
SF
$
$ �'
Material & Installation
y q
02730
Aluminum Header at ADA D.G. Trail
424
LF
$
$ .2
Material & Installation
02870
Site Furnishings, 12' Dia. Steel Shelter
1
EA
$ ,
$
Material & Installation
02870
Site Furnishings, 12' Dia. Steel Shelter
1
EA
$
$
Structural Design
02870
Site Furnishings, 12' Dia. Steel Shelter
Concrete Footing Installation per
1
LS
$
Manufacture Specifications
02870
Site Furnishings, 16' Dia. Steel Shelter
1
EA
$ R 3
Material & Installation
02870
Site Furnishings, 16' Dia. Steel Shelter
1
EA
$ 7
Structural Design
02870
Site Furnishings, 16' Dia. Steel Shelter
1
LS
$ C' ��
$
�} 0Conc.
Footing Install per Manuf. Spec.
t
>
Site Furnishing, Bench
02870
Material
3
EA
$ `7
d
Site Furnishing, Bench
02870
In Ground Concrete footing Installation
3
LS
$
per Manufacturer Specifications
02870
Site Furnishing, Bench
3
EA
$
!1
$ % 0o
Installation
02870
Site Furnishing, Trash Receptacle
2
EA
$ i$
C C)
�i ocl)
Material
I
Site Furnishing, Trash Receptacle
02870
In ground Concrete footing Installation
2
LS
$ QC
$ i oC, o
per Manufacturer Specifications
02870
Site Furnishing, Trash Receptacle
2
EA
$ [j
$ O �,
Installation
05500
Metal Fabrication, 1-114" Handrails
140
LF
$
$ 11
Ci�-1
Material
CJ✓
1 s
05500
Metal Fabrication, 1-114" Handrails
1
LS
$
$ CJ •,
Shop Drawings
05500
1-1/2" Handrail In Ground Concrete
1
LS
$
� �'�
$ Ld
Footing per Plans
y q
05500
Metal Fabrication, 1-1/4" Handrails
Installation
1
LS
$ I ('
$ 2
! �.-
14
05500
Metal ADA Rope Bracket Material
1
EAIS
$ 7 cD
I
$ C�
05500
Metal ADA Chain Guide Bracket Shop
1
LS
$ 'b i�
06010
Drawings
77
EA
$
$ 40
05500
Metal ADA Chain Guide Bracket
1
LS
$
C
$���
Installation
`
05500
(5) #4 Rebar x 30" Long at Tread Riser
248
EA
$
06010
Material & Installation
171
EA
$
$ -2,C-j
05500
(3) #4 Rebar x 30" Long at Water Diverter
& Installation
15
EA
$
0
Material
5/16" G30 Proof f Galvanized Long280 LF
110400 1LoChain l I Is `j n Is S I (A
j-0,S37,z-S
6' High Chain LiStank Fence Per City's I 360 I LF Is I R '� Is LQ i �-d
15
DIVISION 06'
CODE
SCOPE"OF WORK '.
Lumber and Rough Framing Hardware,
06010
6" x 8"x4' Long D.F.
wl (2) 6" x 8"x 23" Long D.F.
77
EA
$
$ 40
Pressure Treated Tread Timber Material &
Installation
Lumber and Rough Framing Hardware,
06010
6" x 8"x6' Long D.F.
wI (2) 6" x 8"x 23" Long D.F.
171
EA
$
$ -2,C-j
Pressure Treated Tread Timber Material &
Installation
Lumber and Rough Framing Hardware,
y
06010
Lodge Pole Fence (no concrete footing)
486
LF
$
l
Material & Installation
Lumber and Rough Framing Hardware,
LF
$ 2
$
06010
Lodge Pole Fence wl Chain Guide (no
280
1
concrete footing) Material & Installation
J
Lumber and Rough Framing Hardware,
06010
Water Diverter (2) 6"x8"x6' long D.F.
15
EA
$
$ t�i U
Pressure Treated Timber Material &
,�
s O
Installation
5/16" G30 Proof f Galvanized Long280 LF
110400 1LoChain l I Is `j n Is S I (A
j-0,S37,z-S
6' High Chain LiStank Fence Per City's I 360 I LF Is I R '� Is LQ i �-d
15
STEEP CANYON TRAIL ENHANCEMENT
BASE BID - LUMP SUM BID BREAKDOWN - Revised: 08/04/16
=
DIVISION OT
QTy,
Units
Unit Cost
Total Cost
CODE
SCOPE OF WORK
942
SF
$
01000
Demolition
01240
Mobilization Per Specifications
1
LS
lJ
e
$
01300
Demolition
02210
Surveying and Staking
1
LS
$
$
�� L
Drainage Swale Material & Installation
i
=
DIVISION 02,
CODE
SCORE OF WORK
02110
Clear and Grub 2' Trail, Selective
942
SF
$
Demolition
02110
Clear and Grub 6' Trail, Selective
8,770
SF
$
e
$
Demolition
02210
Grading, 4" to 6" Granite River Rock at
12
TON
$
$
�� L
Drainage Swale Material & Installation
Grading, 4" to 6" Granite River Rock at
02210
Water Diverters 6' Trail Material &
2.5
TON
$
Installation
Grading, 6" to 8" Granite River Rock at
02210
Erosion Prevention @ Water Barriers
1.5
TON
$ C- ��
$
Material & Installation
02210
Grading, 2', 4' & 6' Native Trail 90%
100
CY
$
$ (�
Compaction
02452
Relocation Site Signage & Installation
1
EA
$
02750
Concrete Sidewalk
380
SF
$
$ 3 i C)�� c
105500I (3) #4 ReMaterial &Install ation at Water Diverter I 9 I EA I$ I$ �'` i. E i �,
Lumber and Rough Framing Hardware,
06010 Lodge Pole Fence (no concrete footing) 192 LF $� $ i
Material & Installation
16
Addendum No. Date Received
Accompanying this proposal is
(Insert "$ 113`1- �F ./ TAA- 340 cash", "cashier's check", "certified check", or (bidder's r
bas the ease may be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contract, with
necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received
notice that the Contract has been awarded and ready for signature, the proceeds of the security
accompanying this bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.�
NAME OF BIDDER (PRINT) SIGNATURE DATE
E390T
ADDRESS
t -1C0 S F,'�-�� 5 as �6
J— ZIP CODE TELEPHONE
17
Lumber and Rough Framing Hardware,
E
Water Diverter (2) VxVff long D.F.
9
EA
J$
Pressure Treated Timber Material
Installation
Addendum No. Date Received
Accompanying this proposal is
(Insert "$ 113`1- �F ./ TAA- 340 cash", "cashier's check", "certified check", or (bidder's r
bas the ease may be) in the amount equal to at least ten percent (10%) of the total bid.
The undersigned further agrees that in case of default in executing the required contract, with
necessary bond, within ten (10) days, not including Sundays and legal holidays, after having received
notice that the Contract has been awarded and ready for signature, the proceeds of the security
accompanying this bid shall become the property of the City of Diamond Bar, and this proposal and
the acceptance thereof may be considered null and void.�
NAME OF BIDDER (PRINT) SIGNATURE DATE
E390T
ADDRESS
t -1C0 S F,'�-�� 5 as �6
J— ZIP CODE TELEPHONE
17
STATE CONTRACTOR LI
PROJECT IDENTIFICATION:
SE NO.
�i
c -
TION
crc S K �ScifC�
BID DATE: Oq If 51 % L
LCG 4 Vv 4
LIST OF SUBCONTRACTORS *
BID OPENING DATE OCI I I S l/ 16
PROJECT 3}eep CC06n an/)i Rrk Iyci �r��2c� 53 6 25_y/L
LOCATION S I CPQ L c� ✓ i),--\ I�G.1( ['heft ✓Gi I '
CLIENT CljN/ Of
CONTRACTOR COIL).S-�y'✓(�_-
i
Narne Under Wluch
Subcontractor is
Licensed
License
No.
Address of Office,
Mail, or Shop
Percent
Of Total
Contract
Specific Description
of
Subcontract
J C
i
��c
CcISCr�
v��finy itG
L5+{1 \
ILI N,
/
* In compliance with the provisions of the Public Contract Code Section 4104, the undersigned bidder
herewith sets forth the name, location of the place of business, and California contractor license of each
Subcontractor — who will perform work or labor or render service to the Prime Contractor, specially fabricates
and installs a portion of the work or improvement necessary to complete construction contained in the plans
and specifications, in an amount in excess of one-half (1/2) of one percent (I%) of the General Contractor's
total base bid amount or, in the case of bids or offers for the construction of streets or highways, including
bridges in excess of one-half of 1 percent (0.5%o)of the Prime Contractor's total base bid or ten thousand
($10,000.00), whichever is greater, and the portion of the work which will be done by each Subcontractor_
19
Agenda # 7.1
Meeting Date: November 1, 2016
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: First Reading of Ordinance No. 10 (016) amending Title 15 of the Diamond Bar
Municipal Code to adopt the 2016 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 and have the first reading of Ordinance 10(2016), and set second reading for
November 15, 2016.
BACKGROUND:
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. The City Council
adopted the prior (2013) update on November 5, 2013.
After adopting the 2015 ICC codes, along with California amendments, the State published the
2016 California Building Standards Codes in July of this year (Title 24 of the California Code
of Regulations). The 2016 State codes will become effective on January 1, 2017. Local
agencies may 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, 2017.
PROPOSED CALIFORNIA BUILDING•• DIAMOND ALOCI
General:
The 2016 Building Standards Codes adopted by the State include the "California Building
Code" (CBC), 2016 Edition, Volumes 1 and 2, the "California Residential Code" (CRC), 2016
Edition, the "California Green Building Code" (CALGreen), 2016 Edition, the "California
Mechanical Code" (CMC), 2016 Edition, the "California Plumbing Code" (CPC), 2016 Edition,
and the "California Electrical Code" (CEC), 2016 Edition. The State mandated changes under
this code cycle are more routine than prior updates, which introduced extensive mandates.
The State changes included updates for new vehicle charging requirements, more stringent
energy efficiency measures, as well as numerous clerical changes.
Other model codes not included in 2016 Building Standards Codes, but which are proposed
for adoption by the City at this time 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). All of these codes were previously adopted by the
City and are reintroduced with only clerical modifications to refer to the Building Code
Administrative section and updating to the most current regulations.
Local Amendments:
The proposed ordinance amends Title 15 of the Diamond Bar Municipal Code by incorporating
the new 2016 California Building Standards Codes. In addition, the proposed ordinance
includes express findings and determinations for local amendments that are reasonably
necessary because of local climatic, geological or topographical conditions.
The contents of the amendments proposed are the same as in the prior Building Code adoption
and are only updated to reflect current code references. The most significant technical changes
are summarized below:
® 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 again amending
this section to require a "successful inspection" tooccur. 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 Extensively Remodeled Homes: CRC R313.1, R313.2, &
8337.1.3. — 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
2016 Building Code Update Page 2
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
110.3.4.2 — 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, this local amendment requires 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
the time when a project passes a rough frame inspection (when stud walls are installed
prior to drywalling).
® pool Barriers/Fencing: CBC 3109.4.1 — 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 amendment clarifies that a 5' high barrier is required consistent with the
State mandate (4' is incorrectly listed in the model code).
® Geotechnical: CBC 1612.1.1, 1801.3, 1803.8, 1803.8.1, 1803.8.2 and 1809.4 relate to
geotechnical conditions specific to mapped hazard areas, expansive soils, and
geotechnical review for hazardous soils. The requirements allow the City Engineer or
Building Official to require review by qualified geotechnical consultants where hazards
or special conditions occur. CBC 1809.4 specifically outlines requirements for
expansive soils unless a geotechnical engineer advises otherwise.
® California Residential Code Consistency: CRC 8403.1.4.1, R331, 8332, and
R333 - 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 Earthguake Connections: CRC R602.10.8 —This amendment 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.
2016 Building Code Update Page 3
® 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 amendment 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 engineerwill 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 R337.2 — 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. This is a
restatement of the specific approved map created by CAL Fire.
® Rehabilitation Code Update: Chapter 98 & 99 Los Angeles County Code - This
section is 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 amendment does not
impose a technical construction requirement, it does not need to have any special
findings based on the Health and Safety Code.
® Grading. Appendix J — This amendment 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 Standards Codes 2016 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.
2016 Building Code Update Page 4
NOTICE OF PUBLIC BEARING:
Pursuant to the Government Code, a public 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
Attachments:
1. Draft Ordinance No. 10 (2016)
Reviewed By:
Greg Gubman
Community Development Director
2016 Building Code Update Page 5
CITY COUNCIL
ORDINANCE NO. 10 (2016)
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 2016 CALIFORNIA BUILDING CODE, VOLUMES 1 AND
2, INCLUDING APPENDICES C, I, AND J THERETO, CHAPTER 1 DIVISION II
OF THE 2016 CALIFORNIA BUILDING CODE AS THE ADMINISTRATIVE
CODE, THE 2016 CALIFORNIA MECHANICAL CODE, AND THE APPENDICES
THERETO, THE 2016 CALIFORNIA PLUMBING CODE, AND THE
APPENDICES THERETO, THE 2016 CALIFORNIA ELECTRICAL CODE, AND
THE APPENDICES THERETO, THE 2016 CALIFORNIA RESIDENTIAL CODE,
INCLUDING APPENDICES H, J, K, AND O THERETO, AND THE 2016
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 2016 California Building Code; the 2016
California Mechanical Code; the 2016 California Plumbing Code; the 2016
California Electrical Code; the 2016 California Residential Code; and the 2016
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 introduced for first reading this Ordinance on November 1, 2016, 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 public hearing on October 21, 2016 and November 4, 2016 for the hearing
set forth in subsections (iv) above and (vi) below.
(vi) The City held a public hearing on November 15, 2016, 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.
1
(vii) Any and all legal prerequisites relating to the adoption of this Ordinance have
occurred.
B. ORDINANCE
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.
2
(7) Due to the City's topography, numerous hillside fire hazard areas are located within
its boundaries.
(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.
(13) The City is in an area classified climatically as "arid" and subject to seasonal high
temperatures that will affect electrical wiring not designed to be retained for an
extended period of time.
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, 1505.1.3 and 1505.1.1 — Findings 7,8,9, and 10.
CBC Sections 1612.1.1 — Finding 5.
CBC Sections 1801.3, 1803.1, 1803.8, 1803.8.1, 1803.8.2, 1809.4 and Appendix
J — Findings 1, 2, 3, 4, and 5.
CRC Sections R301.1.3.2, R313.1, R313.2, R337.1.3.1, R337.2 — Findings 6, 7,
8, 9, and 10.
CRC Section R332 — Finding 1.
CRC Section R331 — Finding 11.
3
CRC Section R602.10.8 — Finding 1, 2, 3, 4, and 5.
CBC Section 3109.4.1 and CRC R333 — Finding 12.
CPC Section 722.6 — Finding 3.
CEC Section 590.3 — Finding 13.
SECTION 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2.
Administration Code is hereby deleted in its entirety and replaced to read as 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 2016 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
4
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.
(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.
5
(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
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 -
11
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 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.
(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:
110.3.4.2 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,
8
at his own expense, any tests or research required 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 2016 California Building Code (Part 2 of
Title 24 of the California Code of Regulations), and Appendices C (Group U- Agricultural
Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2015 International
01
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 1612.3 is added to the California Building Code to read as follows:
1612.3 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)
on the building site shall be such that water or mud flow will not be a hazard to
f[t,
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.
(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
11
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:
(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
12
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). Residential swimming pools shall be completely enclosed by
a barrier complying with Sections 3109.4.1 through 3109.4.3.
(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 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
13
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.
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.
CIVIL ENGINEER. A professional engineer registered in the State of California
to practice in the field of civil engineering works and shall include the civil
engineer of record or project engineer.
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.
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
14
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 and shall include the soils engineer of
record or project soils engineer.
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
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
15
"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 116
of Chapter 1 of the 2016 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 2016
California Building Code, as duly adopted and amended.
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
16
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.
(23) Section J109.5 is added to Appendix J of the California Building Code to read as
17
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
JI 10.3a, 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
JI 10.3a.
J110.3.3 Effect of noncompliance. Should the owner fail to submit
detail plans or to provide the protective measures required by Sections
JI 10.3a and J1 10.3b 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 erosion control
devices shown on the approved detail plans, or if there are no approved
is
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.
(26) Section J113 is added to Appendix J of the California Building Code to read as
follows:
J112 Completion of work.
J112.1 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 engineered 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
19
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.
(iiii) The rough grading shall be certified by the civil engineer and soils
engineer using the grading certification form produced by the City
of Diamond Bar. The final grading shall also be certified by the civil
engineer using the grading certification form produced by the City
of Diamond Bar. Grading certifications shall be valid for 6 months
from the date of original signature.
J112.2 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 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
20
($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 2016 California Mechanical Code (Part
4 of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2015 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 101.6 is added to the California Mechanical Code to read as follows
101.6 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 104.5 of the California Mechanical Code is amended to read as follows:
104.5 Fees. Refer to Administration Code Section 109.
(3) Section 107.0 of the California Mechanical Code is amended to read as follows:
107.0 Board of Appeals. Refer to Administration Code Section 113.
Sec. 15.00.530. 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
21
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:
DIVISION 5. - 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 2016 California Plumbing Code (Part 5
of Title 24 of the California Code of Regulations) and the appendices thereto, based on
the 2015 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 104.5 of the California Plumbing Code is amended to read as follows:
104.5 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
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
22
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:
Sec. 15.00.910. California Electrical Code —Adopted,
Sec. 15.00.920. Amendments to the California Electrical Code.
Sec. 15.00.930. Penalties for violation of division.
Secs. 15.00.940. — 15.00.990. Reserved.
Sec. 15.00.910. California Electrical Code —Adopted.
Except as amended by Section 15.00.920, the 2016 California Electrical Code (Part 3
of Title 24 of the California Code of Regulations), including the appendices thereto,
based on the 2014 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.
(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.
23
(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:
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 34A, and Appendix J of the 2016 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 2016 California Residential Code (Part 2.5 of Title 24
of the California Code of Regulations).
Except as amended by Section 15.00.3220, the 2016 California Residential Code (Part
2.5 of Title 24 of the California Code of Regulations), and Appendices H (Patio Covers),
J (Existing Buildings and Structures), K (Sound Transmission), and O (Automatic
Vehicular Gates) thereto, based on the 2015 International Residential 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. 15.00.3220. Amendments to the California Residential Code.
24
(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 R337.1.3 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 R337.2 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
retained on file at the office of the Building Official.
(5) Section R331 is added to the California Residential Code to read as follows:
R331 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
25
where sound transmission applies.
(6) 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.
(7) 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.
(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.
(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.
Sec. 15.00.3230 Penalties for violation of division.
26
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:
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 2016 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
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.
27
SECTION 9: 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 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
Mi
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 10: 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:
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
P401
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 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 2016 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,
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 15t day of January, 2017.
PASSED, ADOPTED AND APPROVED this 15th day of November 2016.
Mayor
30
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 2016, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
2016, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
31
TO:
FROM:
ADDRESS:
ORGANIZATION:
CITY CLERK
AGENDA#/SUBJECT: r
U a Cyt chesty DATE:
11h/IL
PHONE:
(Optional)
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.
TO:
FROM:
ADDRESS:
CITY CLERK
ORGANIZATION:
AGENDA#/SUBJECT:
/1/iP/Itit)`a5 60V&,(/04 DATE: Z�(
PHONE:
(Optional) (Optional)
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect my name and addresl as writt n above.
� � t Signature
This document is a public rec rd subject to disclosure under the Public Records Act.
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLER0�145
FROM: A) e DA/TE:
ADDRESS: (� / A . / S HONE: Q""
(Optional) (Optional)
ORGANIZATION:
AGENDA#/SUBJECT:
I expect to address the Council on the subject agenda/subject
reflect my name and address as written above. /
nature
This document is a public record subject to disclosure under the Public Records Act.
C.T
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i
a f—
Yyg9
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
CITY CLERK
(Q�iVL ((�j DATE:
PHONE: -L Qq
(Optional�j : (Optional)
C P Baa Yi'� Cil- 'iTL" Y M' ,ISI
ORGANIZATION:
AGENDA#/SUBJECT:
cC
I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes
reflect myp�mq and address as Written above. % R
This document is a public record subject to disclosure under the Public Records Act.