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Handbook 2018 City Council
Handbook 2020
DiamondBarCA.gov
Updated Nov. 2020
I City of Diamond Bar | City Council Handbook
Contents
SECTION 1: INTRODUCTION ..................................................................................................... 1
History ................................................................................................................................................ 1
The Diamond Bar Windmill ............................................................................................................ 3
Demographics ................................................................................................................................ 3
SECTION 2: GENERAL GOVERNMENT ....................................................................................... 5
General Law Cities ......................................................................................................................... 5
Police Powers .................................................................................................................................. 5
City Council/City Manager Form of Government .................................................................. 6
Contract City Model ...................................................................................................................... 6
School Districts ................................................................................................................................. 6
Key Documents............................................................................................................................... 7
California Government Code .................................................................................................. 7
Diamond Bar Municipal Code ................................................................................................. 7
Annual Municipal Budget & Comprehensive Annual Financial Report (CAFR) ......... 7
General Plan ................................................................................................................................ 8
Emergency Operations Plan .................................................................................................... 8
City Council’s Strategic Plan .................................................................................................... 9
SECTION 3: DIAMOND BAR CITY COUNCIL: ROLES, RESPONSIBILITIES & GENERAL
INFORMATION .......................................................................................................................... 9
The Ralph M. Brown Act .............................................................................................................. 10
Regular Meetings ...................................................................................................................... 10
Closed Sessions ......................................................................................................................... 10
Special Meetings ...................................................................................................................... 10
Emergency Meetings ............................................................................................................... 10
Serial Meetings .......................................................................................................................... 11
Violations .................................................................................................................................... 11
Exceptions .................................................................................................................................. 12
Role in a Disaster/Emergency .................................................................................................... 13
Policymaker ............................................................................................................................... 13
Spokesperson ............................................................................................................................ 13
Liaison .......................................................................................................................................... 14
Commissions .................................................................................................................................. 14
II City of Diamond Bar | City Council Handbook
Parks & Recreation Commission ............................................................................................ 14
Planning Commission ............................................................................................................... 14
Traffic & Transportation Commission .................................................................................... 14
Ex Officio Boards ........................................................................................................................... 15
Public Financing Authority .......................................................................................................... 16
City Council Committees............................................................................................................ 16
City Council Compensation and Expense Reimbursement ................................................ 16
Support to City Council ............................................................................................................... 18
Staff Support .............................................................................................................................. 18
Offices and Conference Rooms ........................................................................................... 18
Email and iPads ......................................................................................................................... 18
Business Cards ........................................................................................................................... 18
Official Portrait and Biography .............................................................................................. 19
SECTION 4: CITY COUNCIL MEETINGS ....................................................................................19
Date, Time and Location ............................................................................................................ 19
City Council Chambers ......................................................................................................... 20
Meeting Broadcasts ..................................................................................................................... 20
Quorum........................................................................................................................................... 21
City Council Agenda ................................................................................................................... 21
Agenda Preparation ................................................................................................................ 21
Agenda Distribution ................................................................................................................. 21
Public Notice ............................................................................................................................. 21
City Council Minutes .................................................................................................................... 21
Rules and Procedures .................................................................................................................. 22
Presiding Officer ........................................................................................................................ 22
Motions ....................................................................................................................................... 22
Resolutions .................................................................................................................................. 22
Ordinances ................................................................................................................................ 22
Emergency Measures/Urgency Ordinances ...................................................................... 23
Interim Ordinances ................................................................................................................... 23
Tie Votes...................................................................................................................................... 23
Abstentions ................................................................................................................................ 23
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SECTION 5: INTERACTIONS WITH STAFF ...................................................................................24
City Council/Staff Relationship .................................................................................................. 24
City Council/City Manager Relationship ................................................................................. 24
Direction of Personnel .............................................................................................................. 24
Council Member Direction to City Manager ...................................................................... 24
Communication ........................................................................................................................ 25
City Manager Evaluation ........................................................................................................ 25
SECTION 6: COMMUNICATION ...............................................................................................25
General........................................................................................................................................... 25
Written Correspondence ............................................................................................................ 25
Speaking on Behalf of the City .................................................................................................. 25
Media Relations ............................................................................................................................ 26
Certificates and Proclamations ................................................................................................. 26
Use of City Media ......................................................................................................................... 26
SECTION 7: CONFLICT OF INTEREST AND CODE OF ETHICS ...................................................27
Conflicts of Interest ....................................................................................................................... 27
Prohibited Interests in Contracts ............................................................................................ 27
Financial Interests ..................................................................................................................... 27
Campaign Contributions ........................................................................................................ 28
Financial Disclosure Statements ............................................................................................ 28
Advocacy of Own Interests .................................................................................................... 28
Incompatible Offices ............................................................................................................... 28
Incompatible Employment ..................................................................................................... 29
City Council Code of Ethics ....................................................................................................... 29
Ethics Training Requirement ....................................................................................................... 30
SECTION 8: CITY FINANCES .....................................................................................................30
Budget ............................................................................................................................................ 30
Gann Appropriation Limit ........................................................................................................... 30
Revenues ........................................................................................................................................ 31
Property Taxes ........................................................................................................................... 31
Sales and Use Taxes ................................................................................................................. 31
Transient Occupancy Tax (TOT)............................................................................................. 31
Intergovernmental Revenue/State Subventions................................................................ 32
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Service Charges/Fees .............................................................................................................. 32
Franchise Fees ........................................................................................................................... 32
Fines and Forfeitures ................................................................................................................. 32
Grants .......................................................................................................................................... 32
Use of Money and Property.................................................................................................... 32
Developer Fees ......................................................................................................................... 32
City Council Taxation Powers .................................................................................................... 32
Real Property Taxes .................................................................................................................. 32
Special Taxes ............................................................................................................................. 33
General Taxes ............................................................................................................................ 33
Indebtedness ................................................................................................................................. 33
Constitutional Debt Limitation................................................................................................ 33
General Obligation Bonds ...................................................................................................... 33
Revenue Bonds ......................................................................................................................... 34
Certificates of Participation.................................................................................................... 34
Contracts and Purchases ........................................................................................................... 34
Public Works Projects ............................................................................................................... 34
SECTION 9: PLANNING AND ZONING .....................................................................................35
General Plan.................................................................................................................................. 35
Land Use and Economic Development .............................................................................. 36
Housing ....................................................................................................................................... 36
Community Character and Placemaking .......................................................................... 36
Circulation .................................................................................................................................. 36
Resource Conservation ........................................................................................................... 36
Public Facilities and Services .................................................................................................. 37
Public Safety .............................................................................................................................. 37
Community Health and Sustainability .................................................................................. 37
Climate Action Plan ..................................................................................................................... 37
Zoning ............................................................................................................................................. 37
Conditional Use Permits (CUP) and Variances....................................................................... 38
Quasi-Judicial Acts ................................................................................................................... 38
Conditions of Approval ........................................................................................................... 38
California Environmental Quality Act (CEQA) .................................................................... 38
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Categorical Exemption ........................................................................................................... 38
Initial Study ................................................................................................................................. 39
Negative Declarations ............................................................................................................ 39
Environmental Impact Reports (EIR) ..................................................................................... 39
SECTION 10: CITY DEPARTMENTS AND FUNCTIONS................................................................40
City Manager/Administration Department ............................................................................ 40
City Manager’s Office ............................................................................................................. 40
City Clerk .................................................................................................................................... 41
Human Resources and Risk Management .......................................................................... 41
Economic Development ......................................................................................................... 41
Public Information..................................................................................................................... 41
Policing Services – Los Angeles County Sheriff’s Department......................................... 42
Fire Services – Los Angeles County Fire Department ........................................................ 42
Animal Control Services. Inland Valley Humane Society & SPCA (IVHS) ...................... 42
Emergency Preparedness....................................................................................................... 43
Community Development .......................................................................................................... 43
Planning ...................................................................................................................................... 43
Building & Safety ....................................................................................................................... 43
Community Development Block Grant (CDBG) ................................................................ 43
Neighborhood Improvement ................................................................................................. 44
Finance ........................................................................................................................................... 44
Information Systems ..................................................................................................................... 45
Parks and Recreation .................................................................................................................. 45
Diamond Bar Center ................................................................................................................ 45
Recreation ................................................................................................................................. 46
Public Works ................................................................................................................................... 46
Engineering ................................................................................................................................ 46
Street Maintenance ................................................................................................................. 46
Maintenance ............................................................................................................................. 46
City Attorney.................................................................................................................................. 46
City Prosecutor .............................................................................................................................. 47
1 City of Diamond Bar | City Council Handbook
SECTION 1: INTRODUCTION
This handbook has been created to provide Diamond Bar City Council Members
("Council Members") general reference information about the City and its departments
and operations, the roles and responsibilities of a Council Member, and the procedures
and state laws that govern City Council meetings and decision-making, among other
information. While this handbook serves as a basic summary of the many important
items associated with service on the City Council, it is not intended to provide a
complete picture of other laws, plans, documents, policies, or practices that may
otherwise direct the City Council’s response to a particular situation or incident.
History
Diamond Bar’s history can be traced back to the first Mexican land grant issued in the
Pomona Valley area on April 15, 1837 by then Mexican Governor Juan Bautista
Alvarado. The 22,000-acre parcel of land was granted to a couple of California natives
Ygnacio Palomares and Ricardo Vejar who named their new home Rancho San Jose.
In 1840, a second land grant comprising approximately 4,340 acres south of the San
Jose Creek was deeded to Jose de la Luz Linares. This property, which he named
Rancho Los Nogales (Ranch of Walnut Trees), is where Diamond Bar now sits. Following
Linares’ death in 1847, the property changed hands several times before William “Uncle
Billy” Rubottom established a tavern and overland stage station for the Butterfield
stagecoach route near where the Orange Freeway (57) now crosses Pomona
Boulevard. He called the community "Spadra," after his hometown in Arkansas.
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In 1917, Frederick E. Lewis II, a young New Yorker with a long-time dream of owning a
ranch, purchased 7,800 acres of choice land near Spadra. Within a few years, Lewis
successfully transformed the rural property into the Diamond Bar ranch, one of the most
respected and renowned in Southern California for breeding champion Duroc-Jersey
hogs and thoroughbred Arabian horses. Lewis operated the Diamond Bar Ranch for 25
years, before selling the land to Hereford cattle rancher William A. Bartholomae in 1943.
In 1956, the Christiana Oil Corporation and the Capital Company, a subsidiary of the
Transamerica Corporation purchased the Diamond Bar Ranch for $10,000,000 to
develop the largest master planned community in Los Angeles County. The first model
homes were built in the northern end of town in 1960.
For its first 29 years, the Diamond Bar area was a part of unincorporated County of Los
Angeles and represented by then County Supervisor Pete Schabarum. Aft er two
unsuccessful efforts, a third effort at incorporation turned Diamond Bar into a City when
voters approved an incorporation measure on the March 7, 1989 ballot by a margin of
76 percent to 24 percent. Diamond Bar officially incorporated on April 18, 1989.
3 City of Diamond Bar | City Council Handbook
The Diamond Bar Windmill
A single 30-foot tall windmill, which now
stands near one of the entrances into the
Diamond Bar Town Center, is the only
remaining physical reminder of the once-
thriving ranching operations that took place
in the city.
The earliest use of the windmill as a
representation of the community dates back
to 1962 when the members of the area’s first
homeowners association renamed its monthly
publication “The Windmill” and incorporated
the windmill icon into the design of its
masthead. The magazine, published
bimonthly by the Diamond Bar Community
Foundation is still in circulation today.
The adoption of the City’s official seal in
October of 1989 by the City Council, which
features a windmill as the focal point, further
made the windmill synonymous with Diamond
Bar.
In August 2014, as a testament to the windmill’s historical significance, the City Council
and Retail Opportunity Investments Corporation (ROIC), owner of the Diamond Bar
Town Center, entered into a formal agreement in which the City was granted a
perpetual easement for the purpose of ensuring the structural integrity of the windmill
through regular and as-needed operation and maintenance. The windmill was
reconditioned and repainted in the fall of 2014, and officially dedicated by the City
during a special public ceremony held on November 20th of that same year.
Demographics
Set against a scenic mountain backdrop on almost 15 square miles of rolling hills and
valleys in the East San Gabriel Valley region, the City is a predominantly middle - to
upper-class community that is home to nearly 57,000 residents with an average
household income of $117,031 and a median home price of 680,396 in 2018. Diamond
Bar residents tend to be concentrated in the middle age range. Approximately 42% of
the population falls within the 35 to 64 years-of-age range with a median of 43 years.
The community is mostly residential in character, with a stock of approximately 19,022
homes which are 81% owner-occupied and 1,600 businesses of retail, commercial or
light industrial-nature located within interspersed pockets.
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Among the amenities that contribute to the high quality of life that are valued by
residents are the family-friendly atmosphere; the well-maintained parks, trails and roads;
top-rated school districts; and the unparalleled public safety services which contribute
to keeping the city among the top safest communities in the region.
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SECTION 2: GENERAL GOVERNMENT
General Law Cities
In California, cities which have not adopted a charter are organized under the general
law enacted by the State Legislature and are termed "general law cities". Diamond Bar
is a General Law city, and derives its authority from the California Constitution, subject
to the limitations in the general law (statutes) enacted by the State Legislature. Most
municipalities in California are general law cities governed by a five-member City
Council consistent with Government Code §36501.
Police Powers
Article XI, Section 7, of the California Constitution authorizes general law cities to
exercise powers to make and enforce within its city limits all local, police, sanitary and
other ordinances and regulations not in conflict with state law. This broad authority is
known as the “police power”, although the power is not limited to the provision of
police services, as that term is commonly understood. The City has broad discretion in
determining what laws to enact in order to promote the public health, safety and
welfare of its community. The limit on the City’s authority is that the laws cannot be
inconsistent with state law, the state constitution, federal law and the federal
constitution. The City’s laws are contained in the Diamond Bar Municipal Code.
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City Council/City Manager Form of Government
The City operates under the City Council/City Manager form of government. The City
Council is the legislative and policy making body, setting the direction for governing the
City. The City Manager is the chief executive officer and administrator of the City under
the direction of the City Council acting as a legislative body and not to any particular
member of the City Council. The Municipal Code provides that with respect to
administration of the City, Council Members work through the City Manager and do not
give instruction or direction to any City employees or contractors.
The Municipal Code provides that the City Manager has the power to appoint all
employees within the City except for the City Attorney, who is appointed directly by the
City Council. Appointments and discharges of employees are made by the City
Manager.
Contract City Model
Diamond Bar is a contract city, meaning it retains outside contractors to perform many
essential City functions, including, but not limited to public safety services (law
enforcement, fire and animal control), legal services, building and safety services,
specialized engineering services, library services and components of park, facility, street
and tree maintenance, among others. The City Council or City Manager approves the
contracts for such services.
School Districts
The city is served by the award-winning
Pomona Unified and Walnut Valley Unified
school districts. While the City works closely
with district administrators, the districts are
separate entities from the City, each with an
elected board.
Diamond Bar schools in the Pomona Unified
School District include:
• Armstrong Elementary School
• Diamond Point Elementary School
• Diamond Ranch Elementary School
• Golden Springs Elementary School
• Lorbeer Middle School
Diamond Bar schools in the Walnut Valley
Unified School District include:
• Castle Rock Elementary School
• Chaparral Middle School
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• Diamond Bar High School
• Evergreen Elementary School
• Maple Hill Elementary School
• Quail Summit Elementary School
• South Pointe Middle School
• Walnut Elementary School
Key Documents
California Government Code
The California Government Code sets forth many of the requirements for the operation
of the City, including the council-manager form of government, open meeting laws
and public meeting administration guidelines for general law cities. The California
Government Code is available online at http://leginfo.legislature.ca.gov/.
Diamond Bar Municipal Code
The Municipal Code contains local laws enacted by the City Council through the
adoption of ordinances. The Municipal Code is available in hard copy or online at
diamondbarca.gov/municode.
Annual Municipal Budget &
Comprehensive Annual Financial
Report (CAFR)
The adoption of the annual municipal
budget is one of the most important
actions the City Council takes. The budget
maps the use of the City’s resources for the
coming fiscal year, appropriating the
resources used to fund defined programs
in each department and division. Detailed
information about the Annual Municipal
Budget is included in Section 8 and the
adopted budget document is available
online at diamondbarca.gov/budget.
In addition to the budget, the
Comprehensive Annual Financial Report
(CAFR) provides the actual statement of
revenue and expenditures for the fiscal
year.
8 City of Diamond Bar | City Council Handbook
It further explains the financial position and results of operations and is created to give
readers a full understanding of the City’s financial affairs. As part of its system of checks
and balances, the City also contracts with an independent auditor to r eview the
financial statements contained in the CAFR. The CAFR is available on the City’s website
at diamondbarca.gov/CAFR.
General Plan
State law requires each City to
prepare and adopt a
comprehensive, long-term General
Plan to guide future physical, social
and economic development. The
General Plan sets forth general
parameters for future development
on property within the city. All
development must be consistent with
the General Plan. Detailed
information about the City’s General
Plan is included in Section 9. In
December 2019, following a three-
and-a-half-year public process, the
City Council approved a
comprehensive update to the
General Plan setting a vision and
blueprint for development through
2040. The Plan is online at:
diamondbarca.gov/generalplan.
Emergency Operations Plan
The Emergency Operations Plan is adopted by the City Council and addresses the
City’s planned response to emergency/disaster situations associated with large -scale
natural disasters, technological incidents and national security emergencies. The EOP
incorporates the concepts and principles of the California Standardized Emergency
Management System (SEMS), National Incident Management System (NIMS) and the
Incident Command System (ICS) into the emergency operations of the City. All City
employees also serve as Disaster Service Workers according to Government Code
Section 3100.
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City Council’s Strategic Plan
The City Council’s adopted Strategic
Plan is unified by one vision of
“Celebrating our Roots, Building a
Thriving Future”. It has three
overarching goals: 1) Responsible
Stewardship of Public Resources; 2)
Open Engaged & Responsive
Government; 3) Safe, Sustainable &
Healthy Community. The goals are
aligned with six strategic priorities:
Community, Livability, Transparency,
Accountability, Mobility and Service.
Together, they are intended to take
initiatives, programs and projects
from vision to action. Specific and
measurable departmental objectives
will be incorporated in the Strategic
Plan. Implementation strategies are
developed based on the City
Council’s adopted budget and in
conjunction with the departmental
business plans.
SECTION 3: DIAMOND BAR CITY COUNCIL: ROLES,
RESPONSIBILITIES & GENERAL INFORMATION
The City Council is the City’s legislative and policy-making body. As the City's elected
representatives, the City Council expresses the values of the electorate in keeping
pace with viable community needs and for establishing the quality of municipal
services in the City. The City Council determines service levels and revenue obligations
through the adoption of an annual budget, authorizes specified City contracts and
expenditures, establishes City service and operating policies, and adopts such
regulatory measures as may be necessary for the protection of the community.
The City Council is composed of five members elected at large. Elected Council
Members serve overlapping four-year terms with elections held in November of even-
numbered years. The City Council appoints a Mayor and Mayor Pro Tem on an annual
basis. The Mayor serves as the City Council’s presiding officer and lead
representative/ceremonial head for all official City functions. The Mayor Pro Tem may
act as the Mayor when the Mayor is not available.
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The Ralph M. Brown Act
The Ralph M. Brown Act (Brown Act) is California’s open meetings law for local
government. It requires City business to be conducted in open and public meetings,
except in certain limited situations. The Brown Act requires the City Council and certain
Boards, Commissions and Committees to conduct business and take action at a duly
noticed meeting at which the public and news media have a right to be present.
Certain labor, personnel, litigation, real property and public security matters may be
legally discussed in closed sessions from which the public is excluded. The central
provision of the Brown Act requires that all meetings of a legislative body be open. A
“meeting” is in turn defined as “any gathering of a majority of members to hear or
discuss any item of city business or potential city business”.
Regular Meetings
The City Clerk must post an agenda containing a brief description of each item of
business to be transacted or discussed by the City Council at a regular meeting at least
72 hours before the meeting. No action may be taken on an item not on the posted
agenda unless: (a) a majority of the members determine that an "emergency situation"
exists as defined in below; or (b) upon a determination by a two-thirds vote of the City
Council or if less than two-thirds of the City Council are present, by a unanimous vote of
those present, that the need to take action came to the attention of the City after the
agenda was posted and there is a need to take immediate action. A regular meeting
may be adjourned to a later time or date.
Closed Sessions
The City Council may confer in closed session in limited circumstances such as to discuss
real property negotiations, labor negotiations, litigation and specified personnel
matters. However, the topic to be discussed must appear on the agenda in most cases
and be orally announced. Information and discussions in closed session must remain
confidential and may be not disclosed to any other persons, including members of the
public. Any actions that may be required as a result of a closed session discussion
would ultimately be placed on an agenda for Council action.
Special Meetings
Special meetings may be held by the City Council on call of the Mayor or at least three
other Council Members. Notice of such meetings must be given at least 24 hours in
advance to all Council Members and the news media. The notice of the special
meeting must specify any items of business to be considered at the meeting. No
business may be considered other than the items contained in the not ice. No
ordinances, other than emergency measures, can be adopted at special meetings.
Emergency Meetings
In an emergency situation involving matters upon which prompt action is necessary
due to a disruption or threatened disruption of public facilities, the City Council may
11 City of Diamond Bar | City Council Handbook
hold an emergency meeting upon one-hour telephone notice to the news media. An
"emergency situation" is limited to crippling disasters, work stoppages or to other
activities which severely impair public health or safety. Closed sessions may not be held
during emergency meetings.
Serial Meetings
A serial meeting is a series of meeting or communications between individuals in which
ideas are exchanged among a majority of a legislative body through either one or
more persons acting as intermediaries or through the use of a technological device
(such as email), even though a majority of members never gather in a room at the
same time. It is unlawful for the City Council to act or collectively commit to act at a
secret meeting or through a series of one-on-one meetings or telephone calls or e-mails
with each other or with a third party.
Violations
Under Government Code Section 54959 it is a misdemeanor for a Council Member to
attend a meeting in which action is taken in violation of the Brown Act and intends to
deprive the public of information to which the member knows or has reason to know
that the public is entitled to under the Brown Act. Some possible examples are:
attending a meeting which was not posted and noticed in accor dance with the Brown
Act; taking action on an item not agendized under the Brown Act; or discussing in
closed session an item not permitted to be discussed in closed session.
It is also a violation of the Brown Act to reveal confidential information discus sed in
closed session except in limited circumstances, such as: (1) there is a legal duty to
disclose, such as when a final action has been taken; (2) when a person is authorized
by the city council to disclose what was discussed; and (3) to disclose a pos sible
violation of the Brown Act. Although there is no specific section making such unlawful
disclosures a crime, other laws, such as Government Code Section 1222 which provides
that where no special provision is made for a penalty, every willful omission to perform a
duty imposed by law on a public officer, shall constitute a misdemeanor. Other
possible sanctions are barring the person from future closed sessions or filing an
accusation for willful misconduct in office.
In addition to possible criminal prosecution, the district attorney or other interested
persons can file a lawsuit to stop or prevent violations or to render any action taken in
violation of the Brown Act to be null and void. The person bringing the action could
also get their court costs and attorneys' fees if they prevail.
Actions taken in violation of the Brown Act, whether intentional or not, are voidable,
although a court may uphold the action if it determines there was substantial
compliance with the Brown Act.
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Exceptions
There are six specific types of gatherings that are not subject to the Brown Act. These
include:
1. The Individual Contact Exception. Conversations, whether in person, by
telephone or other means, between a member of a legislative body and any
other person, including another Council Member, do not constitute a meeting.
However, such contacts may constitute a serial meeting in violation of the Brown
Act if the individual also makes a series of individual contacts with other Council
Members for the purpose of discussing, deliberating or taking action on a City
matter or utilizes an intermediary for the same purpose
2. The Seminar and Conference Exception. The attendance by a majority of
members at a seminar or conference or similar educational gathering is also
generally exempt from Brown Act requirement. However, in order to qualify
under this exception, the seminar or conference must be open to the public and
be limited to issues of general interest to the public or to Cities. Finally, this
exception will not apply to a conference or seminar if a majority of members
discuss among themselves items of specific business relating to their own City,
except as part of the program.
3. The Community Meeting Exception. The community meeting exception allows
Council Members to attend open and publicized neighborhood meetings, town
hall forums, chamber of commerce lunches or other community meetings
sponsored by an organization other than the City at which issues of local interest
are discussed.
4. The Other Legislative Body Exception. This exception allows a majority of
members of any legislative body to attend meetings of other legislative bodies of
the City or of another jurisdiction without treating such attendance as a meeting
of the body. However, Council Members are prohibited from discussing City
business among themselves except as part of the scheduled meeting.
5. The Social or Ceremonial Occasion Exception. A majority of the City Council
may be present at a social function without violating the Brown Act. The test is
not how many members are present but whether the members are conducting
or discussing City business. If three or more members are present to hear, discuss,
or deliberate upon any item that is within the subject matter jurisdiction of the
City Council, a violation of the Brown Act may occur.
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6. The Standing Committee Exception. Members of a legislative body who are not
members of a standing committee of that body may attend an open and
noticed meeting of the standing committee as observers without making the
gathering a meeting of the full legislative body itself. Members of the legislative
body who are not members of the standing committee should not speak at the
meeting, sit in their usual seat on the dais or otherwise participate in the standing
committee’s meeting.
Role in a Disaster/Emergency
The Municipal Code and Emergency
Operations Plan set forth the powers and
duties and organizational roles of the City
Council and staff in the event of a local or
regional emergency or disaster. In the
event of an emergency or disaster, the City
Manager will direct the City’s response as
the Emergency Operations Center (EOC)
Director. As EOC Director, the City
Manager is responsible for coordinating the
City’s resources and staff, requesting
mutual aid assistance, and ensuring the
Council is properly briefed on the incident
and ongoing response and recovery
efforts. The City Council will have separate
designated location outside the EOC to
gather and be briefed during an
emergency.
The City Council is tasked with the following
roles and responsibilities:
Policymaker
Following an emergency or disaster, the City Council may issue a disaster proclamation
or emergency orders and hold emergency City Council meetings. These legislative acts
will set the policy for the City’s response and are essential to any eligible state or federal
reimbursements after the emergency or disaster has been resolved.
Spokesperson
A unified, consistent and accurate message is essential in the hours and days following
an emergency or disaster. The Mayor will likely be asked to hold press confer ences or
otherwise communicate information to the news media, residents, businesses and
community organizations. As a spokesperson during an emergency incident, it is of vital
14 City of Diamond Bar | City Council Handbook
importance to provide only verified information and deliver the information in a calm
and composed manner.
Liaison
As respected local leaders, residents and business owners will likely look to the City
Council for support. Council Members may be asked to tour impacted areas and
provide support to those dealing with emotionally difficult situations.
Commissions
Each member of the City Council has the opportunity to appoint one qualified
volunteer citizen to each of the three City Commissions, subject to a majority vote of
the City Council. Interested parties are encouraged to apply for the Commission seat
that interests them with each Council Member selecting an appointment based on the
merit of the applicant. Appointed commissioners serve two-year terms commencing on
March 1 of even-numbered years. The Brown Act applies to these Commissions.
Parks & Recreation Commission
The five-member Parks & Recreation Commission is an advisory body to the City Council
on parks, facilities, and recreation programs. The Parks & Recreation Commission is
guided by the principles, goals and objectives of the city-wide comprehensive Parks
Master Plan and aims to promote a quality parks system with recreation programs for all
ages of a diverse community.
Parks and Recreation Commission meetings are held on the fourth Thursdays of
January, March, May, July, September, and November at 6:30 p.m. in the Windmill
Room at City Hall.
Planning Commission
The five-member Planning Commission is an advisory body to the City Council on land
use and development of the City. The Planning Commission makes recommend ations
on the General Plan and zoning changes, municipal code amendments, environmental
studies, and reviews architectural, site and master plans for conformance with the
development code. The Planning Commission is unique in that it has decision-making
authority on various land use applications such as variances and conditional use
permits. All decisions of the Planning Commission may be appealed to the City
Council.
Planning Commission meetings are held the second and fourth Tuesday of each month
at 6:30 p.m. in the Windmill Room at City Hall.
Traffic & Transportation Commission
The five-member Traffic and Transportation Commission is an advisory capacity to the
City Council in the review and development of systems, facilities, plans, policies and
programs concerning private and public transportation within the city and affecting
15 City of Diamond Bar | City Council Handbook
the City. The Commission also makes recommendations to the City Council, City Traffic
Engineer, and other City officials regarding the ways and means for improving traffic
conditions.
Traffic and Transportation Commission meetings are held on the second Thursdays of
January, March, May, July, September, and November at 6:30 p.m. in the Windmill
Room at City Hall.
Ex Officio Boards
On an annual basis following the reorganization of the City Council, the newly selected
Mayor appoints Council Members to serve as delegates and alternates to local and
regional public agencies and organizations. Council Members are eligible for these
Boards of which the City is a member by virtue of holding the office of City Council. The
Mayor’s recommendations are subject to the ratification of a majority of the City
Council. Currently, the City Council has a representative on the following
boards/committees:
• California Contract Cities Association (CCCA)
• Foothill Transit
• Greater Los Angeles County Vector Control District
• California Joint Powers Insurance Authority (CJPIA)
• Los Angeles County Sanitation District No. 21
• Los Angeles County City Selection Committee
16 City of Diamond Bar | City Council Handbook
• League of California Cities – Los Angeles County Division
• San Gabriel Valley Council of Governments (SGVCOG)
• Southern California Association of Governments (SCAG)
• Taking Back Our Communities Coalition
• Tres Hermanos Conservation Authority (THCA)
• Wildlife Corridor Conservation Authority (WCCA)
Public Financing Authority
The City’s Public Financing Authority (PFA) was established in 2002 under a Joint Exercise
of Powers Agreement between the PFA, the City and the City’s Redevelopment
Agency (since dissolved by state law) for the purpose of issuing lease revenue bonds to
fund the construction of the Diamond Bar Center. The PFA is made up of a five (5)
member body consisting of the members of the City Council. The Chair and Vice Chair
are chosen by a vote of the Authority Members at an annual meeting. All meetings of
the PFA are subject to the Brown Act. The City Manager serves as the Executive Director
of the PFA.
City Council Committees
City Council standing committees are advisory bodies made up of two members of the
City Council and engage in discussion and analysis of specific issues and report back to
the full City Council with progress reports and/or recommendations. The Mayor
recommends new committee assignments for one-year terms following the annual
reorganization of the City Council. The Mayor’s recommendations are subject to the
ratification of a majority of the City Council. Standing Committees do not meet on fixed
dates, but instead meet when there is a business need. The Brown Act applies to City
Council Standing Committees, with committee meeting agendas posted at designated
posting locations. Currently, City Council Standing Committees include:
• Audit (Mayor/Mayor Pro Tem)
• City Council Goals/City Manager Evaluation (Mayor/Mayor Pro Tem)
• City Council Handbook
• Economic Development
• Fee Study
• Lighting & Landscape Assessment District
• Legislative
• Neighborhood Improvement
• Public Safety (Mayor/Mayor Pro Tem)
• Special Events
• Sphere of Influence & Annexation
City Council Compensation and Expense Reimbursement
As a general law city, City Council member compensation is set by state law at a
ceiling based on city population, which may be increased by not more than five
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percent per year upon adoption of an ordinance. Each Council Member receives a
salary of $746 per month ($8,952 annually). In addition, Council Members are eligible for
the following benefits:
• Council Members are automatically enrolled in the California Public Employees
Retirement System (CalPERS). CalPERS members enrolled before January 1, 2013
receive the 2% @ 55 retirement formula. CalPERS members enrolled after January
1, 2013 receive the 2% @ 62 retirement benefit.
• Monthly Medical/Dental/Vision Benefit Allotment of $1,400. This allotment may be
used for the insurance coverage plan(s) selected by the Council Member. Any
unencumbered funds will be applied to a Section 457 deferred compensation
plan offered by International City Management Association (ICMA).
• Automobile Allowance of $300 per month
• Cell Phone Allowance of $43.25 per month
• All other benefits afforded Executive Management Employees
Council Members may receive reimbursement for training classes, conferences, or
membership in professional associations related to City business as well as associated
lodging expenses, meals, and mileage costs when there is significant travel required.
City Council members receive a City-issued a credit card to be used for expenditures
generated in the course of carrying out City business. Council Members shall submit
expense reports and publicly report the purpose of their attendance at meetings for
which they are reimbursed expenses during the next City Council meeting following the
meeting which they attended. All reimbursements and expenditures shall be made in
accordance with the City Council-adopted Expense and Reimbursement Policy.
Expenses not within the Reimbursement Policy may not be reimbursed.
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Support to City Council
Staff Support
General administrative support to the
City Council, including scheduling,
receipt and notification of some phone
calls and messages/correspondence,
and coordination of travel
arrangements is provided by the City
Clerk’s Office. Support for City-provided
telephones, email and electronic
devices is provided by the Information
Systems Department.
Offices and Conference Rooms
Council Members are assigned an
office at City Hall with telephone,
voicemail and computer access. City
Hall conference rooms are also
available for meetings and may be
reserved by contacting the City Clerk’s
Office at (909) 839-7010. The issuance
of City Hall ID/access cards is
coordinated by the Human Resources
Division.
Email and iPads
Council Members are provided a City email account. Emails (printed, archiv ed, or
deleted) that address City business, including those from a non-City personal account,
may be considered public records under the Public Records Act and subject to
disclosure.
Council Members are also issued an iPad for City business use, including access to
email and paperless City Council agenda materials. The Brown Act prohibits
technological devices from being used to conduct a “serial meeting” in which a
majority position is developed on any issue outside a noticed public meeting of the City
Council.
Business Cards
Council Members receive business cards with their preferred name and contact
information. The City Clerk’s Office will coordinate the order.
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Official Portrait and Biography
Each Council Member takes an official portrait for use in the course of official duties
and provides information needed to produce an official biography to be placed on
the City’s official website. Both the taking of the portrait and development of biography
are coordinated by the Public Information Division in cooperation with the Council
Member.
SECTION 4: CITY COUNCIL MEETINGS
Date, Time and Location
Regular meetings of the City Council are held the first and third Tuesdays of the month
at 6:30 p.m. in the South Coast Air Quality Management District (SCAQMD) Auditorium,
located at 21865 Copley Drive, Diamond Bar, CA 91765. Closed and Study Sessions of
the City Council are held in SCAQMD Room CC-8 at posted times usually preceding the
regular meeting. Such meetings may be adjourned to another location within the city.
Meetings may not be held outside the city except in specified circumstances.
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City Council Chambers
City Council meetings are held in the
SCAQMD Auditorium. The Auditorium
features theatre-style seating for
approximately 300 members of the
public, two public comment podiums
(which are sometimes used for staff
presentations), a press area, staff
workstations and a large front-facing
dais. When converted for City
Council meetings, the Mayor and
City Council sit in formation at the
center of the dais. Nameplates with
corresponding titles are installed to
identify the seating location of each
Council Member.
The Auditorium contains a full
audio/visual system that integrates
with the City’s Government access
channel (DBTV) for live meeting
broadcasts.
A large, high-definition monitor facing the audience shows the live broadcast and is
used to display presentations. Each seat at the dais, staff workstations and public
comment podiums are equipped with a microphone with a manual on/off switch.
When live, all microphones are connected to the Auditorium’s public address system as
well as the live broadcast feed and recording system. The audio recordings generated
by the system are used to create the City Council’s official minutes.
When using the microphone system, it is important to remember the following:
• When you wish to speak, press the on button and speak directly into the
microphone. The button will light up when the microphone is active.
• When finished speaking, press the button to turn off the microphone. When
turned off, the button will no longer be lit up.
• Never say anything near a microphone that you do not wish to be heard.
Meeting Broadcasts
City Council meetings are broadcast live on DBTV, the City’s Government access
channel. DBTV is available on Time Warner Cable channel 3 or Verizon FIOS channel 47.
Meetings are rebroadcast every Tuesday at 8 p.m., Saturday at 9 a.m. and Sunday at 9
a.m. For those without these video broadcast services, meetings are available by live
stream and on-demand playback on the City’s website.
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Quorum
Three members of the City Council constitute a quorum for the purpose of business.
Less than a quorum may adjourn the meeting to another time or place. If a sufficient
number of Council members leave a meeting to reduce the number of those remaining
to two or less, those remaining cannot continue to conduct business. In limited
circumstances, such as adopting a resolution of necessity to acquire property by
eminent domain, a four-fifths vote is required, so even though there may be a quorum
of three for transacting other City business, the City Council would still not be able to
take action on such an item.
City Council Agenda
Agenda Preparation
The City Council Agenda is prepared by the City Clerk at the direction of the City
Manager and contains the title and recommendation for all items. Each item is
accompanied by a detailed staff report and any attachments or exhibits relevant to
that item. Any member of the City Council may request that an item of business be
included on the City Council Agenda with the consent of the majority of the City
Council.
Agenda Distribution
The City Council Agenda is distributed by the City Clerk. With the exception of
emergency or special meetings, the agenda is distributed to the City Council no later
than the Friday prior to the scheduled meeting. The agenda is available to Council
Members electronically by using the iLegislate application on the iPad issued to each
Council Member. The City Manager is available prior to the meeting to answer any
questions or provide additional information on any agenda item.
Public Notice
The final City Council agenda is posted at the following public locations within 72 hours
of the scheduled regular meeting:
• City Hall
• Diamond Bar Library
• Heritage Park Community Center
• South Coast Air Quality Management District
The agenda is also posted for viewing and download ing on the City’s website at
diamondbarca.gov/meetings.
City Council Minutes
City Council meeting minutes are prepared in a modified action-taken summary (non-
transcription) format, with all City Council meetings audio and videotaped in their
entirety. Once prepared, minutes are reviewed for approval by the City Council at a
subsequent meeting.
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Rules and Procedures
The City Council may establish its own rules and procedures, limit debate and eject
persons whose conduct causes an actual disruption to the meeting. Rules of decorum
are set forth in Section 2.08.030 of the Municipal Code and in more detail in the “City
Council Standards of Operation and Code of Ethics” (see attachment). In the absence
of established rules, the Mayor determines the proper procedures for the meetings. Any
procedural action or decision of the Mayor may be overruled by a duly adopted
motion of the City Council, if such motion is not inconsistent with the Municipal Code.
Presiding Officer
The Mayor presides over all City Council meetings. In the Mayor's absence the Mayor
Pro Tem presides. In the absence of both the Mayor and the Mayor Pro Tem, the
Council Members present must elect a temporary chairman to preside at the meeting.
The Mayor or presiding officer is responsible for the maintenance of order and decorum
of the meeting at all times. The Presiding Officer is responsible for signing all documents,
including ordinances, resolutions, and contracts that were adopted or approved during
the meeting at which the officer presided.
Motions
A motion is a parliamentary procedure in which a Council Member introduces a formal
proposal for consideration/vote by the City Council. The motion must be seconded by
another Council Member before a vote of the City Council will be called. When a
motion is seconded, the Mayor will direct the City Clerk (or designee) to call for an oral
vote. The order of the voting shall be alphabetical followed by the Mayor Pro Tem and
finally, the Mayor. The results of the vote are entered into the record. Most actions of
the City Council can be taken by motion on a roll call vote. With some exceptions,
motions pass upon the affirmative vote of a majority of the quorum.
Resolutions
Resolutions are a formalized way to memorialize actions of the City Council. A
resolution, rather than a motion, is only necessary where required by law, but often is
preferable to make a record of the City Council's rationale for its decision. Unless a
higher vote is required by law, all resolutions of the City Council require three votes.
Resolutions to condemn property require the affirmative votes of at least four members.
Most resolutions do not require publishing or posting and may be enacted at one
meeting.
Ordinances
With respect to certain matters, State law requires the City to adopt an ordinance. Most
ordinances are integrated into the Municipal Code and establish local laws, violations
of which may constitute a misdemeanor or infraction and the imposition of fines and/or
imprisonment in the County jail. With the exception of emergency measures,
ordinances cannot be adopted until at least five days after their introduction and can
23 City of Diamond Bar | City Council Handbook
only be adopted at a regular City Council meeting. Two readings of the ordinance are
therefore required at separate City Council meetings. Changes to an ordinance after it
is introduced, other than correction of minor clerical errors, require that the ordinance
be reintroduced. Except for emergency measures, ordinances require the affirmative
votes of at least three Council Members for adoption, with some requiring four.
Ordinances, other than emergency measures, need to be read in full, unless the City
Council waives full reading and approves reading of the title of the ordinance instead
prior to adoption. Ordinances become effective thirty days after their adoption, i.e.
after the second reading, except for emergency measures, ordinances calling
elections, improvement proceeding ordinances, and ordinances declaring or fixing
annual property taxes which take effect immediately. Ordinances must be published in
either summary (at least five days before adoption and fifteen days after adoption) or
full form (once, within fifteen days of adoption).
Emergency Measures/Urgency Ordinances
Ordinances which are found to be urgently needed for preservation of the public
peace, health or safety and contain a declaration of such urgency may be adopted
immediately upon their introduction if approved by the affirmative votes of at least four
City Council members.
Interim Ordinances
An interim ordinance is adopted as an emergency measure and without public
hearings or otherwise following the procedures usually necessary for the adoption of
such ordinances. An interim ordinance is an interim measure which prohibits certain or
all uses of property, unless already legally existing, pending a study by the City relating
to the adoption of a permanent ordinance. An interim ordinance is valid for 45 days
and may be extended for a total period of up to two years after public hearings by the
City Council. An interim ordinance and any extension thereof, requires the affirmative
votes of at least four members of the City Council and takes effect immediately upon
adoption.
Tie Votes
A tie vote results in a failure of the motion, resolution or ordinance. Where a City Council
decision is required by law (such as a resolution approving or denying a zoning permit),
a tie vote is neither an approval nor denial and the matter is still before the City Council
for action. If the tie vote is the result of a member's absence, the matter may be
continued to a subsequent meeting for determination. Only those Council Members
present at the meeting are permitted to vote. Votes cast at previous meetings are not
counted.
Abstentions
It is generally the duty of members of a public body to vote on all issues unless there is a
legal reason to abstain from voting. A Council Member should abstain from
24 City of Diamond Bar | City Council Handbook
participation and voting if he or she (a) has a legal conflict of interest, (b) is biased or
prejudiced with regard to any person or issue involved in a quasi-judicial hearing, (c)
has predetermined any of the issues involved in a quasi-judicial hearing, or (d) has not
heard all of the testimony presented in a quasi-judicial hearing.
SECTION 5: INTERACTIONS WITH STAFF
City Council/Staff Relationship
The City Council’s policy directives are implemented and administered under the
direction of the City Manager with his or her professional staff. Therefore, it is essential
that the relationship between the City Council and staff be well understood. The City’s
long history of positive working relationships between the City Council and staff is a key
component to its ongoing success. Council Members and staff strive to always treat
each other with respect, remain communicative and responsive to each other and the
public, and accept, support and implement policy directives once a final decision has
been reached by a majority of the City Council. City staff acknowledges that the City
Council is the City’s policymaking body. The City Council acknowledges that staff
implements the City Council’s policies under the direction of the City Manager.
City Council/City Manager Relationship
Chapter 2.16 of the Municipal Code establishes the position and role of the City
Manager. The City Manager is appointed by and serves at the pleasure of the City
Council, acting as the chief executive and is responsible for the day-to-day operations
of the City. These responsibilities include execution of City Council policy directives,
enforcement of city laws and ordinances, management and administration of the
organization, appointment and direction of City personnel, and preparation of the
City’s annual budget, among others. The City Manager establishes and maintains
appropriate controls to ensure that all operating departments adhere to City Council
and legally mandated policies and regulations.
Direction of Personnel
The City Manager understands and respects the City Council’s political responsibility
and policy making authority. As such, the City Manager delegates tasks to staff to carry
out the City Council’s direction. Council Members shall not directly delegate or assign
tasks to staff. A Council Member’s service request, concerns about the performance of
a division, department or staff member should always be directed to the City Manager,
not the department head or staff member. It is encouraged that any such concerns be
quickly reported to the City Manager so that any issues may be addressed.
Council Member Direction to City Manager
The City Council will direct the City Manager on all major or new issues. A single Council
Member does not have the authority to direct the City Manager or City staff to prepare
25 City of Diamond Bar | City Council Handbook
any report that is significant in nature or initiate any City project or study without the
approval of a majority of the City Council.
Any City documents requested by an individual Council Member must, pursuant to
State law, be provided to any other Council Member requesting the document.
Communication
Communication between the City Council and City Manager is critical. The City
Manager will ensure that important information is communicated to all Council
Members uniformly and in a timely manner. It is equally important that the City Council
provide ongoing communication to the City Manager by providing feedback on
agenda items, staff reports, memoranda and other informational sources and issues of
interest to the City.
City Manager Evaluation
The City Council evaluates the performance of the City Manager on an annual basis
and provides feedback to assist the City Manager in meeting the City Council's
expectations. The process is typically initiated by the Mayor in July at the beginning of
the new Fiscal Year.
SECTION 6: COMMUNICATION
General
Council Members are in regular communication with City residents and business
owners, neighboring cities, and regional, state and federal representatives.
Communication from the City Council is key to gauging public opinion, securing
support for projects and initiatives, and developing policy direction. Correspondence
with these individuals and groups comes in a number of forms, from telephone calls and
faxes to email and handwritten letters.
Written Correspondence
Mail or email addressed to the Mayor and/or members of the City Council will be
circulated by the City Manager’s Office to the recipient with a staff person assigned t o
assist with the preparation of a response. The response and original communication,
when appropriate, will be copied to the full City Council for their information.
Correspondence stating the City Council’s position on policy matters will be signed by
the Mayor. Such correspondence is likely to become a public record.
Speaking on Behalf of the City
When addressing the public, Council Members should communicate the official
position of the Council/City, even if they did/do not support the action at the time.
However, when a Council Member is expressing personal views rather than those of the
City Council, the public should be advised as such.
26 City of Diamond Bar | City Council Handbook
Media Relations
City Council Members are likely to receive media requests from various outlets
depending on the matter. While it is appropriate to openly provide factual public
information to the press, Council Members should be careful not to reveal any
confidential information. Any questions regarding the confidentiality of a matter should
be discussed with the City Attorney prior to the interview. If a Council Member does not
feel comfortable consenting to an interview or needs additional information prior to an
interview, the City Manager’s Office and Public Information Division are available to
handle the media inquiry and/or provide information.
Certificates and Proclamations
The City Council may choose to provide a certificate to an individual or group, or issue
a proclamation provided that the honoree(s), event or cause has a clear nexus to
Diamond Bar. Certificates and proclamations are prepared by the City Clerk either to
be presented at an upcoming City Council meeting or at an event, and are subject to
the Mayor’s approval.
Use of City Media
City Media, including any and all documents to which the City logo or insignia is
officially or unofficially affixed to appear as an official communication of the City shall
be used by City Council Members solely to communicate an official City policy, position
or response to an inquiry. City Media shall not be used to advocate for or against a
candidate for political office or solicit votes, endorsements or funds in connection with
a political campaign.
Individualized City Council stationery may be used for any purpose germane to the
performance of City Council duties or a Council Member’s status as a public official.
Unauthorized use of City Media by a Council Member is prohibited and subjects the
user to any or all of the following:
• Censure.
• Removal from City Council committee assignments
• Suspension of City sponsored attendance at conferences, meetings, workshops,
seminars and similar gatherings.
• Discontinuance of City credit card use.
• Discontinuance of use of City equipment including but not limited to,
automobiles, computers and software and copying machines.
• Any other sanctions or removal of privileges deemed appropriate by the City
Council.
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SECTION 7: CONFLICT OF INTEREST AND CODE OF
ETHICS
Conflicts of Interest
State laws are established to prevent any action by an elected official that may be a
conflict of interest and ensure all actions are taken free from the influence of any
personal financial interest. Council Members are encouraged to consult with the City
Attorney if they believe a conflict of interest may exist.
Prohibited Interests in Contracts
It is unlawful for public officers or employees, including City Council members, to have a
financial interest in any contract made by them in their official capacity, or by any
governing body or board of which they are members. With the exception of certain
remote contractual interests permitted under state law, this provision prohibits the City
Council from approving contracts in which individual Council Members have financial
interests, even where such financially interested Council Members refrain from
participating in the decision-making process and abstain from voting on the contract.
Contracts made in violation of this prohibition are voidable by any party except the
financially interested official. Willful violation of this provision is also a crime and a person
convicted thereof is forever disqualified from holding public office.
Financial Interests
The Political Reform Act of 1974 provides that no public official, including members of
the City Council, shall make, participate in making or in any way attempt to use his or
her official position to influence a governmental decision in which he or she knows or
has reason to know he or she has a financial interest. An official is deemed to have a
financial interest in a decision if it is reasonably foreseeable that the decision will have a
material financial effect on the official or a member of his or her immediate family or a
person or entity who is a source of income. The laws are complex in this area and ever
changing. Public officials should become familiar these laws sufficiently in order to
identify a possible conflict and then consult with the City Attorney to determine
whether in fact such a conflict exists.
Where a conflict of interest exists, the official must disclose the nature of the financial
interest on the record and refrain from both voting and participating in the decision-
making. The Council Member must leave the meeting room unless the item is part of the
consent calendar and there is no discussion on the item and approve along with other
items on the consent calendar. The remaining Council Members may vote.
If action in a matter is legally impossible due to conflicts of interest by a majority of the
City Council, a random selection is made among those members with conflicts of
interest to allow a sufficient number to vote on the matter so that action may be taken
("the rule of necessity"). The members with conflicts so chosen are allowed to
28 City of Diamond Bar | City Council Handbook
participate in discussions or debate, but may vote only if their vote is necessary for
action to be taken. The rule of necessity is not invoked if the reason for the insufficient
number of Council Members is due to the absence of one or more.
Campaign Contributions
Campaign contributions to Council members are not regarded as income or gifts for
purposes of disqualification while taking action as a Council Member. However, state
law prohibits appointed board or commission members from soliciting, accepting, or
directing campaign contributions of $250 or more from a party or participant to an
official action involving a license or permit then pending before such member's board
or commission or within three months after a final decision on such matter. Appointed
board or commission members are also disqualified from participating in any
proceeding pending before his or her agency if the member has received contributions
of $250 or more during the preceding 12 -month period from any party or participant to
the proceedings. This law, known as the Levine Act, would apply to a Council Member
acting in his or her capacity on a regional board upon which the City by law has a
representative. In addition, Council Members may not accept any campaign
contribution in exchange for voting on a matter in a particular manner. This is
considered a bribe and is punishable as a felony.
Financial Disclosure Statements
Council Members, specified City employees and other City officials, are required to file
annual statements of economic interests (Form 700) pursuant to conflict of interest
codes adopted by the local agencies of which they are members. Such statements
cover financial interests reportable for the immediately preceding calendar year.
Financial interests requiring disqualification of an official or employee from the decision-
making process are calculated for the twelve-month period immediately preceding the
decision while financial disclosure requirements relate to the preceding calendar year
period. Statements must also be filed upon assuming or leaving office.
Advocacy of Own Interests
Except in limited circumstances, a Council Member may not represent another party or
client seeking approval of a project before the City Council or before any other body
subject to the budgeting or appointing control of the City Council, such as the Planning
Commission. The Council Member may likewise not assist another person in preparing
for such a presentation. A Council Member is permitted to represent himself or herself
before the City Council or a subordinate City board or commission on a matter related
to his or her personal interests only.
Incompatible Offices
A Council Member may not simultaneously hold two or more public offices which have
incompatible duties. The doctrine is not applicable where one of the positions is mere
public employment as distinguished from a public office. The California Supreme Court
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has held that two offices are incompatible when the holder cannot in every instance
discharge the duties of each. Incompatibility arises from the nature of the duties of the
offices, when the functions of the two are inherently inconsistent or repugnant, or where
the nature and duties of the two offices are such as to render it improper from
considerations of public policy for one person to retain both.
Incompatible Employment
A public officer or employee is also prohibited by law from engaging in any private
employment for compensation which is inconsistent, incompatible, in conflict with, or
inimical to his or her duties as a public officer or employee.
City Council Code of Ethics
City Council Resolution 2005-55 establishes a code of ethics for Council Members. The
City Council’s adopted Code of Ethics includes the following provisions:
• Council Members will keep all written and oral information provided on matters
that are confidential under State law in strict confidence to ensure that the City’s
position is not compromised. No dissemination of information or materials will be
made to anyone, except Council Members, City Attorney, City Manager or
Assistant City Manager.
• If the City Council, in closed session, has provided direction to City staff on
proposed terms and conditions for any type of negotiations, whether it be
related to property acquisition or disposal, a proposed or pending claim(s) or
litigation, and/or employee negotiations, all contact with the other party will be
through the designated City person(s) representing the City in the handling of
the negotiations or litigation. A Council Member will not have any contact or
discussion with the other party or its representative involved with the negotiation
during this time and will not communicate any discussion conducted in closed
sessions without prior approval of the City Council.
• Frequent communication is an important and integral part of City Council
relationships and will be the standard of operation.
• Council approach to authority is collaborative rather than individual.
• Council Members will keep an open mind on all issues.
• Council Members, on matters pertaining to upcoming or anticipated quasi-
judicial items as to which a public hearing will be held, will maintain as near
neutral position as possible to assure not only the appearance but the actual
degree of impartiality that is attendant to our community responsibility.
30 City of Diamond Bar | City Council Handbook
Ethics Training Requirement
State law (AB 1234) requires Council Members and other specified boards, committees
and commissions to receive two hours of ethics training every two years. Newly elected
Council Members must complete ethics training within six months of assuming office.
The Human Resources and Risk Management Division makes arrangements for such
training.
SECTION 8: CITY FINANCES
Budget
The City’s fiscal year begins on July 1 of each year and ends on June 30 of the following
year. Prior to the start of the new fiscal year, the City Manager prepares and submits
the proposed annual budget to the City Council for approval in a form that identifies
City programs and services and the funding sources for each. Once adopted, all
amounts specified in the budget are appropriated t o the City departments. The budget
may be amended by the City Council at any public meeting by the affirmative vote of
at least three Council Members. All appropriations lapse at the end of each fiscal year
except to the extent such funds have been legally encumbered.
The City's annual operating budget is prepared in conformity with Generally Accepted
Accounting Principles (GAAP), using the modified accrual basis of accounting. Under
this method of accounting, revenues are recognized in the accounting per iod in which
they become measurable and available to finance expenditures of the current fiscal
period, while expenditures are recognized in the accounting period in which the liability
is incurred. Each of the City's funds is considered a separate account ing entity with a
self-balancing set of accounts that records assets, liabilities, fund equity, revenue and
expenditures. Funds are established and segregated for the purpose of recording
specific programs or attaining certain objectives in accordance with special
regulations, restrictions, or limitations. The General Fund accounts for all the general
revenue of the City not specifically levied or collected for a particular City purpose and
may be expended for any general service provided by the City. Special Revenue Funds
are used to account for revenues that are legally restricted to expenditure for particular
purposes. Internal Service Funds are used to account for goods and services provided
to other departments within the City such as liability insurance and equipment
replacement.
Gann Appropriation Limit
In 1979, the voters of the State adopted Article XIII B of the California Constitution (the
Gann Initiative) limiting the amount of revenue that can legally be appropriated by the
City for annual expenditures. Appropriations subject to this limitation include all tax
revenues as well as license and user fees to the extent such fees exceed the
reasonable cost of services. The annual appropriations subject to the limitation cannot
exceed the appropriations limit for the prior year as adjusted for changes in the
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population and cost of living. Revenues received in excess of the appropriations limit
must be returned to the taxpayers of the City within the two subsequent fiscal years by
changes in the tax rates or fee schedules. Provisions are made for increasing or
decreasing the appropriations limit when functions are transferred from one
governmental entity to another. Transferring financial responsibility for services from
general revenues to user charges or fees requires a corresponding decrease in the
appropriations limit. The limit can be changed by a majority vote of the electorate of
the City. The duration of the change cannot exceed four years without re-approval by
the voters.
Revenues
Budgetary revenues are either discretionary or non -discretionary. Discretionary
revenues, i.e., general fund revenues such as property taxes, provide the City Council
with the greatest flexibility of use. Non-discretionary funds, sometimes referred to as
special revenue funds, have restrictions and may be used only for defined
expenditures.
Property Taxes
Property tax is an ad-valorem (value based) tax imposed on real property and tangible
personal property. The tax is collected by the county and allocated to the City
pursuant to a statutory formula. The property tax collected on Diamond Bar properties is
returned to the City at a rate of 5.19% of receipts, one of the smallest in the County.
Sales and Use Taxes
Sales taxes are applied to the price of goods (with some limited exceptions), with a
portion being imposed by the state and another imposed by the County. Sales taxes
are collected and distributed by the state Board of Equalization.
Use Taxes are imposed on the local use of property purchased from an out-of-state
retailer or in cases in which sales tax is not otherwise collected. Use taxes are allocated
to the place of use rather than the point of sale. A substantial amount of local use taxes
are distributed by the county pool, which allocates use taxes to each jurisdiction in the
county on a pro-rata share of taxable sales.
One percent (1%) of the sales and use taxes generated on sales within Diamond Bar is
returned to the City as revenue.
Transient Occupancy Tax (TOT)
This tax is charged to travelers visiting the City when renting accommodations including
hotel/motel rooms or other lodging for less than 30 days. With the passage of Measure
Q in 2018, the City TOT is currently set at 14 percent of the rent charged. It is collected
by the lodging owner and transmitted to the City.
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Intergovernmental Revenue/State Subventions
These revenues are received from other agencies, usually the state or federal
governments, and include subventions and reimbursements for state mandates.
Prominent intergovernmental revenue includes Vehicle License Fees (VLF), gas taxes,
highway users tax (HUTA) and Los Angeles County Proposition A & C transit taxes,
among others.
Service Charges/Fees
The City charges fees for services and facilities provided to individuals that choose to
receive them, including development (planning and building & safety) and
engineering services, recreation programs and classes and City facility rentals. These
charges/fees may not exceed the cost of providing the service, includ ing overhead,
capital improvements and debt service.
Franchise Fees
Franchise fees are collected in for the use of City streets or other infrastructure. The City
currently collects franchise fees from its residential and commercial waste haulers,
electric and natural gas utilities, cable/video service providers, bus shelter advertisers,
and street sweeping service provider.
Fines and Forfeitures
The City receives a portion of fines generated from Municipal code violations,
misdemeanors and infractions that are committed within the city limits.
Grants
These revenues are restricted to expenditures for the defined purpose of the grant.
Many grants received by the City are for recreation or street purposes.
Use of Money and Property
These revenues are generated by the investments and use of City owned properties,
including park and facility rentals and various site license agreements.
Developer Fees
These one-time fees are the result of an agreement between the City and a developer
for the purpose of mitigating the impacts of the development or enhancing public
capital facilities required to serve the new development and the surrounding area.
City Council Taxation Powers
Real Property Taxes
Article XIII A of the California Constitution limits the maximum amount of any ad
valorem tax on real property to 1 percent of the full cash value of such property. The
tax is required to be collected by the counties and apportioned among the cities and
other taxing districts in accordance with law. The City may not impos e additional ad
valorem property taxes.
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Special Taxes
A special tax is a tax imposed or pledged for a specific purpose or indebtedness. New
and increased special taxes and extensions of existing special taxes which have a time
limit require a noticed public hearing and the adoption by the City Council of a
resolution or ordinance. The tax must then be submitted to City's voters at an election
and approved by a two-thirds vote. Regulatory fees and service fees not in excess of
the reasonable cost of providing the service or regulatory activity are not taxes and
while subject to a public hearing and City Council approval, are not required to be
submitted to a vote at an election. Building development exactions and assessments
for special improvement districts are not special taxes, provided the amount of the
exaction is proportional to the cost of providing the service or facilities. New or
increased sewer, water and refuse collection charges, imposed as an incident of
requesting or using such services or purchasing a commodity, such as water, do not
require voter approval.
General Taxes
The California Constitution permits the City to raise or levy new taxes provided such
taxes are neither ad valorem taxes on real property nor special taxes. General taxes
are those imposed by the City to raise revenue for general City purposes. Examples of
taxes which may be considered general taxes are a utility users’ tax, a business license
tax, and a transient occupancy tax. The City may not impose, extend or increase such
taxes without a two-third vote of the City Council, a majority vote of the voters voting in
an election on the tax, and the consolidation of such an election with a regularly
scheduled general election for members of the City Council.
Indebtedness
Constitutional Debt Limitation
The California Constitution generally prohibits any city from incurring any indebtedness
or liability in any year exceeding the income and revenue provided for such year
without the approval of two-thirds of the electorate of the City voting at an election.
The courts have recognized the following permissible exceptions to the debt limitation:
• Obligations arising from installment contracts, leases and lease-purchase
agreements if the annual payment is for consideration received in that year.
• Obligations payable only from the proceeds of a special fund created prior to or
at the time the obligation is incurred.
• Obligations arising out of bonded indebtedness.
• Obligations imposed by law.
General Obligation Bonds
No bonded indebtedness which constitutes a general obligation of the City can be
created unless authorized by a two-thirds vote of the City's electorate voting on such
proposition at a municipal election. The proceeds from the issuance of the bonds may
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only be used to fund the acquisition or improvement of real property. The City cannot
incur indebtedness by general obligation bonds which exceeds 15 percent of the total
assessed valuation, for purposes of taxation, of all real and personal property in the City.
Revenue Bonds
Bonds which are payable only out of such revenues as may be specified in the bonds
may be issued by the City if authorized by a majority vote of the City's electorate voting
on such proposition at a municipal election. Revenue bonds are payable only out of
the revenues specified and do not constitute an indebtedness or general obligation of
the City. An example would be bonds issued for water infrastructure improvements
would be paid from water fees.
Certificates of Participation
The City may finance public improvements or facilities by entering into a tax-exempt
lease structure with a non-profit financing corporation, a public financing authority
formed by the City or similar entity. The financing entity typically acquires the property
and undertakes construction of a project on the site, such as a parking garage. The
financing authority then leases the improvements to the City in exchange for lease
payments, which are assigned to a trustee, who issues certificates of participation to
investors who are entitled to receive a portion of the lease revenue payable to the
financing entity by the City. Issuance of certificates of participation is not subject to a
vote of the electorate.
Contracts and Purchases
Contracts entered into by the City for the purchase of supplies, equipment and services
are governed by the City's purchasing ordinance contained in Chapter 3.24 of the
Municipal Code. The purchasing ordinance sets forth various requirements for
solicitation of bids and selection of successful bids based on the amount and nature of
the purchase.
Purchases of supplies, equipment, personal property and services of $45,000 or less has
been delegated to the purchasing manager, which pursuant to the Municipal Code, is
the City Manager. The purchasing manager may delegate purchasing duties to
purchasing agents, who are in general the assistant city manager and department
directors. All purchases of supplies, equipment, personal property and services
exceeding $45,000 must be approved by the City Council. Contracts approved by the
City Council must be signed by the Mayor and City Clerk or by the City Manager as
designated by the City Council. Contracts may be approved by motion except where
the law specifically requires a resolution.
Public Works Projects
Contracts involving an expenditure by the City for the construction, reconstruction,
erection, alteration, renovation, improvement, demolition and repair work involving any
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publicly owned, leased or operated facility (including the painting or repainting
thereof) are subject to formal bid procedures governed by the California Public
Contract Code and Chapter 3.25 of the Diamond Bar Municipal Code.
If the contract is awarded, it must be let to the lowest bidder unless the City finds and
determines that such bidder is not "responsible", in which event the contract may be
awarded to the lowest bidder who is responsible. Before awarding a contract to other
than the lowest bidder, the City must notify the lowest bidder of any evidence
reflecting on its responsibility and provide the lowest bidder with the opportunity to
respond. Factors which may be considered in determining whether the lowest bidder is
"responsible" include, among other factors: quality and timeliness of past work, proper
licensing, and ability and capacity of the bidder. If the lowest bidder is "responsible," the
contract must be awarded to that bidder.
The City may waive any minor errors or irregularities in the lowest bidder's proposal
provided any such error does not afford the bidder a competitive advantage over
other bidders and does not put the City at a disadvantage.
A bidder who makes a mistake in completing the bid (as opposed to an error in
judgment) is permitted to withdraw (but not correct) his bid within five days after the
bid opening upon approval of the City. The contract is then awarded to the next lowest
responsible bidder.
The City has the right to reject any and all bids presented.
SECTION 9: PLANNING AND ZONING
General Plan
The City's current General Plan was adopted by the City Council on December 17, 2019
(with the exception of the Housing Element which was updated pursuant to State law in
January 2014) and is the constitution for all zoning, land use, planning and subdivision
decisions made by the City as well as providing the framework for other municipal
decisions relating to transportation, safety and the like. The General Plan establishes
2040 as its horizon year, and aims to achieve or make significant progress toward its
stated objectives by that time.
The General Plan contains broad categories of land uses that are permitted within the
City, and establishes goals and policies to guide how the City is to approach a variety
of issues such as traffic circulation, housing, open space, and parks. The approval of
development projects and other land use decisions may be voided by court action if
they are found not in conformance with the General Plan. Adoption of the General
Plan and amendments thereto are legislative acts which require public hearings,
recommendations by the Planning Commission and approval by the City Council.
These actions are also subject to referendum and can be contested by a vote of
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eligible voters within the City; provided the requisite number of signatures are gathered
by petition.
Pursuant to California law, all general plans must cover the following seven topics, or
“elements”: Land Use, Circulation, Housing, Open Space, Conservation, Noise and
Safety.
Diamond Bar’s General Plan incorporates all of the mandatory elements within its
chapters, as well as several elective elements that were deemed necessary to fully
reflect the City’s values and aspirations. It consists of the following chapters:
Land Use and Economic Development
The Land Use and Economic Development chapter provides a framework to unify and
organize the different land uses types around a set of central themes so that future
development of open land and redevelopment of developed land will enhance the
themes and achieve the overall community vision.
Housing
The “Housing Element” provides the policies and programs necessary to address
important housing issues, including a balance between employment and housing
opportunities, a match between the supply and demand for housing, preserving and
enhancing the affordability to provide housing for all segments of the population,
preserving the quality of housing stock, and providing new types of housing to
accommodate demographic shifts. The Housing Element is unique in that State law is
very specific as to its contents and requires it to be updated on a regular basis. The next
update is scheduled for 2021.
Community Character and Placemaking
The Community Character and Placemaking Chapter guides the form and character
of future development in Diamond Bar. It provides strategies to strengthen the City’s
identity through design and enhance the character of the community by defining the
spatial relationships between the city’s various gateways, neighborhoods, and centers
of activity.
Circulation
The Circulation chapter defines the transportation needs of the City and presents a
comprehensive plan to address those needs, balancing local traffic mandates with
regional demands.
Resource Conservation
The Resource Conservation chapter is a combination of the Open Space and
Conservation Elements, establishing the strategies for effectively managing local
natural resources to prevent waste, destruction, and neglect. Topics addressed in this
element include the conservation, development and utilization of natural resources
such as water and energy and the disposal and reuse of solid wastes.
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Public Facilities and Services
The Public Services & Facilities chapter identifies the City facilities and services needed
to maintain the local quality of life and establishes long-range strategies to fund and
provide them.
Public Safety
The Public Safety chapter contains provisions that relate to the protection of life, health,
and property from natural and man-made hazards. It identifies areas where decisions
on land use require sensitivity to hazardous conditions such as slope instability, seismic
activity, flood, fire, and wind.
Community Health and Sustainability
This Chapter addresses the ways in which the physical environment can influence the
long-term health and sustainability of the community, including the topics of
environmental justice, active lifestyles, social connection, public health and human
services, and climate change in order to strengthen the community’s overall long-term
resilience.
Climate Action Plan
Beginning in 2006, the State Legislature and Office of the Governor passed a series of
laws and Executive Orders collectively mandating that California reduce its greenhouse
gas (GHG) emissions to 80 percent below 1990 levels by 2050. SB 97 further requires that
GHG emissions be analyzed as part of the environmental review proces s pursuant to the
California Environmental Quality Act (CEQA). To reach these targeted reductions, the
California Air Resources Board (CARB) recommends that local governments reduce per
capita GHG emissions to 6 metric tons carbon dioxide equivalent (MTCO 2e) per year by
2030, and 2 MTCO2e by 2050.
A Climate Action Plan (CAP) is a comprehensive inventory of specific activities a public
agency should undertake to reduce GHG emissions that originate within its jurisdiction.
The City Council adopted the Diamond Bar CAP concurrently with the General Plan
Update on December 17, 2019 to document how the City will be able to reduce its GHG
emissions in compliance with State mandates and goals.
The Diamond Bar CAP applies broadly accepted climate science methodologies to
demonstrate how the City’s will reduce its per capita MTCO2e emissions to 4 MTCO2e by
the General Plan’s horizon year of 2040. Because current regulations only set forth 2030
and 2050 targets, the Diamond Bar CAP interpolates to be the target for 2040.
Zoning
Zoning laws implement the General Plan and identify of the types of uses that are
permitted within the zoning designations. Zoning also addresses development
standards on private property such as height of buildings, setbacks from property lines,
floor area coverage and operating regulations for specified types of businesses. Zone
changes for specific properties are legislative acts which require public hearings in the
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manner provided by state law and the Municipal Code. If the zone change affects the
permitted uses of real property, all owners of property affected by such decisions are
entitled to written notice and the opportunity to be heard before a zone change
decision is made.
Conditional Use Permits (CUP) and Variances
A conditional use permit (CUP) authorizes a use not otherwise allowable by right in a
particular zone. The CUP is used as a vehicle for imposing conditions on a business
which otherwise might detrimentally impact surrounding properties.
A variance authorizes deviation from the development standards set forth in the zone
which are otherwise applicable to the property and without which the property owner
would suffer unique hardship.
Quasi-Judicial Acts
Consideration of CUPs and variances are quasi-judicial acts where the Planning
Commission is the decision-making body. All decisions of the Planning Commission are
appealable to the City Council. This means that (a) notice and public hearings are
required; (b) the decision must be based upon findings of fact; (c) the findings of fact
must be consistent with the criteria specified in the Municipal Code; and (d) the findings
must be supported by substantial evidence in the record. The decision should be based
upon the evidence presented at the hearing and not the subjective impressions or
personal preferences of the Council Members or simply the number of people
supporting or opposing the project.
Conditions of Approval
In approving a CUP or variance, the Planning Commission may impose conditions of
approval provided any such condition bears a reasonable relationship (nexus) to the
impacts created by the granting of the CUP or variance and is in proportion to such
impacts. A CUP or variance runs with the land, i.e. they cannot be limited to a
particular property owner or operator.
California Environmental Quality Act (CEQA)
The California Environmental Quality Act (CEQA) requires that public agencies identify
and consider the significant environmental effects of their proposed decisions prior to
deciding to undertake a public project or prior to approving any discretionary permit or
entitlement for a private project, such as conditional use permits, variances or other
project approval. Ministerial (nondiscretionary) permits are not subject to CEQA.
Categorical Exemption
CEQA exempts certain categories of public and private projects from the
environmental review process. If the approving body finds that the project falls within
one of these categorical exemptions, it may proceed to approve the project without
further environmental analysis.
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Initial Study
If a project is subject to CEQA and is not exempt, the City staff must perform an initial
study to determine whether the project has the potential to have a substantial adverse
effect on the environment.
Negative Declarations
If the initial study indicates that the proposed project does not have the potential to
have a significant adverse effect on the environment, or if measures will be
incorporated into the project to mitigate all potential significant effects, a proposed
Negative Declaration is prepared and an opportunity provided for public review and
comments. If the approving body finds that the project will not have a significant
adverse effect on the environment and approves the Negative Declaration, it may
proceed to approve the project. If the approving body finds that the project may
have a substantial adverse effect on the environment, it must disapprove the Negative
Declaration and cannot approve the project unless and until an Environmental Impact
Report (EIR) is prepared and considered or additional mitigation measures are included
which reduce the environmental impacts of the Project to less than significant.
Environmental Impact Reports (EIR)
If it can be fairly argued that a project may have a substantial adverse effect on the
environment, an EIR shall be prepared. The EIR must contain the required elements
identified in CEQA. A draft EIR is initially prepared and circulated for comments from the
public and other affected agencies. The City may not approve a project for which one
or more significant adverse effects are identified in the EIR unless it finds that (a)
changes have been incorporated in the project which mitigate each adverse effect; or
(b) the agency has no authority to make changes; or (c) there are overriding
considerations for approval of the project despite adverse environmental effects.
The approving body must (a) certify that the final EIR has been prepared in
accordance with CEQA; (b) certify that it has considered the contents of the
documents; and (c) adopt the necessary supporting findings prior to approving the
project. The final EIR must contain the draft EIR, comments received during the public
review period, a list of the persons and organizations commenting on the draft EIR, and
the agency's responses to significant environmental points raised in the comments.
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SECTION 10: CITY DEPARTMENTS AND FUNCTIONS
The City is made up of the following Departments and Divisions:
City Manager/Administration Department
The City Manager’s Office/Administration Department is made up of the following
divisions:
City Manager’s Office
The City Manager’s Office provides for the overall administration of the City and
conducts research and analysis necessary to provide accurate information and
recommendations to the City Council that enable them to make policy decisions. The
City Manager’s Office oversees public safety services, economic development efforts,
manages the City’s legislative advocacy, risk management efforts, coordinates
responses to resident inquiries and correspondence, administers City programs
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including Environmental Services and the Diamond Ride transit program, and provides
professional support to the City Council and other City departments.
City Clerk
The City Clerk’s Office is the official custodian of City records and makes such records
available to the public for inspection, serves as chief election officer for municipal
elections, prepares City Council agenda materials and official minutes, resolutions and
ordinances, and maintains the Municipal Code. The City Clerk’s Office also provides
administrative support to the City Council and City Manager’s Office.
Human Resources and Risk Management
The Human Resources and Risk Management Division is responsible for managing
employment-related functions, including employee recruitment, selection and
performance management, employee relations, benefits administration, workers
compensation, management of employee records, maintenance and revision of the
Personnel Rules and Regulations, Administrative Policies and Procedures and
benefits/compensation plan, and compliance with state and federal employment law.
Human Resources also leads the Safety Committee and the Employee Relations
Committee.
The City’s general liability, property, crime, worker’s compensation, and environmental
insurance is provided through its membership in the California Joint Powers Insurance
Authority (CJPIA). CJPIA offers a comprehensive and cost -effective insurance coverage
and risk management program which is funded by a pool of governmental member
agencies from throughout California.
Economic Development
The City’s economic development efforts include expanding and improving the local
economy by retaining existing and attracting new businesses that meet the needs of
the Diamond Bar community. The City’s Economic Development efforts are led by the
City Manager’ Office in cooperation with the Community Development Department.
Public Information
The Public Information Division provides information to residents and businesses about
City events, programs and projects through a variety of means, including a monthly
City newsletter, the City’s website and government access cable channel (DBTV),
social media channels, periodic surveys, and development of promotional materials.
The Division also provides public relations and support for all City sponsored programs
and services across departments and also provides assistance in support of economi c
development initiatives. The Division also provides general marketing of the City at the
local, regional and national levels.
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Policing Services – Los Angeles County Sheriff’s
Department
The City contracts with the Los Angeles County
Sheriff's Department for law enforcement services,
including crime prevention and traffic safety.
Based out of the Diamond Bar/Walnut Sheriff’s
Station, the Sheriff's Department provides an
assortment of officers to provide crime prevention
with around-the-clock street patrols, narcotics
prevention, special investigations, neighborhood
watch and volunteer programs and the general
enforcement of laws. Traffic safety provides
routine traffic patrol as a means of encouraging
motorists and pedestrians to comply with traffic
laws and ordinances and enhance motorist and
pedestrian safety.
• Diamond Bar/Walnut Sheriff’s Station
21695 Valley Boulevard
Walnut, CA 91789
Fire Services – Los Angeles County Fire Department
The City is served by the Los Angeles County Fire
Department under the Consolidated Fire Protection
District. The District, which is funded through annual
property tax assessment in the City and elsewhere in
Los Angeles County, provides fire protection and
prevention and emergency medical services to City
residents and business owners.
Fire Stations:
• Station 119
20480 East Pathfinder Road
• Station 120
1051 South Grand Avenue
• Station 121
346 Armitos Place
Animal Control Services. Inland Valley Humane Society & SPCA (IVHS)
The City contracts with the IVHS for animal care and control services. IVHS provides for
the care, protection, and control of stray or abused or abandoned animals, administers
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the City’s dog and cat licensing programs, and enforces all animal-related aspects of
the Municipal Code.
• Inland Valley Humane Society
500 Humane Way
Pomona, CA 91766
Emergency Preparedness
The City’s Emergency Preparedness program is managed by the City Manager’s Office
in cooperation with local Sheriff’s and Fire Department leaders. The City’s program
focuses on preparation and response to natural disasters and emergency incidents as
specified in the adopted Emergency Operations Plan (EOP) and Natural Hazards
Mitigation Plan (NHMP), and through training opportunities and regularly scheduled
disaster response exercises. The Emergency Preparedness program also includes the
Connect-CTY emergency alert system (sometimes known as “reverse 911”), which offers
immediate telephone, text message and e-mail notifications in the event of an
emergency.
Community Development
Community Development is charged with developing and implementing the City’s
General Plan. Among its functions is the facilitation of programs and activities that are
designed to enhance business retention and attraction efforts, and provide business
resource assistance for existing and potential businesses. Community Development also
encompasses Planning, Neighborhood Improvement, Building and Safety, oversight of
the City Prosecutor, and administration of the City’s business licensing program.
Planning
The Planning Division prepares and administers the zoning and subdivision ordinances
and reviews development project compliance with the Municipal Code, the California
Environmental Quality Act, and the General Plan. Planning makes recommendations to
the Planning Commission and City Council on both the long and short-term planning
needs of the City in order to coordinate and monitor responsible growth and
development.
Building & Safety
The Building and Safety Division is responsible for the protection of public health and
safety through the enforcement of the Building Code and other related codes. This
division provides for Building and Safety plan check, permit issuance, and inspection
services.
Community Development Block Grant (CDBG)
The Community Development Department administers the City’s federal CDBG funds.
By federal mandate, these annual funds are allocated to local applicants as follows:
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• 85% for public improvements, economic development and rehabilitation
projects.
• 15% for community public service programs or projects.
To be eligible in either category, applicant proposals must meet the following
requirements:
• CDBG Eligible Activity – acquisition of real property for an eligible use;
acquisition, construction and rehabilitation of public facilities; demolition and
clearance of deteriorated buildings; community services for low- and moderate-
income households; removal of barriers that restrict the mobility of elderly or
handicapped persons; special economic development activities.
• CDBG National Objectives – (1) Project must principally serve low- and
moderate-income persons; (2) Project must eliminate slum and blight, or (3)
Project must address a recent and urgent health and safety need.
• The Project must address the Community Development objectives the City
proposes to pursue.
Programs funded by CDBG in recent years include the Home Improvement Program
(provides home improvement loans to low-and-moderate income residents), senior
club programs, and various City capital improvement projects, among ot her
allocations.
Neighborhood Improvement
The Neighborhood Improvement Division enforces zoning regulations, property
maintenance standards, and community aesthetics to help preserve and protect the
quality of life within the City. The City's Neighborhood Improvement Officers work both
proactively and in response to requests for service from concerned residents, business
operators or property owners. The primary goal is to obtain compliance and uphold
community standards, not to impose fines or other penalties.
Finance
The Finance Department processes all financial transactions of the City. Specific
activities include accounts payable, cash receipts, payroll, fixed assets, budget
preparation and monitoring, audits, financial reporting, development and
implementation of internal controls, and refinements to and maintenance of the
general accounting system. Finance safeguards the City's assets and assures financial
compliance, provides accounting control over assets, revenues, receivables and
maintains budgetary control over all City funds and is also responsible for
implementation of the City Council's investment policy to ensure, in order of priority,
safety, liquidity and maximization of the yields of the City's investments.
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Information Systems
The Information Systems Division is responsible for the management and enhancement
of the City’s information technology including the evaluation, procurement,
implementation, and maintenance of computer/network systems and software;
including ongoing technical and software support/training to all the departments of the
City. The service areas consist of: telephone and mobile services, network services,
application services, desktop services, digital access controls/cameras, and e -
government.
Parks and Recreation
The Parks and Recreation Department implements programs, activities, and events to
help strengthen the community and maintains 15 parks, approximately 6.5 miles of
recreational trails, and facilities throughout the city that span more than 160 acres.
Diamond Bar Center
The Parks and Recreation Department manages the Diamond Bar Center (DBC), a
popular community and conferencing center that features meeting and activity rooms
and banquet facilities for parties, weddings, special engagements, and corporate
events of up to 438 persons or 1,000 for meetings. The DBC is host to contract class and
recreation program registration, as well as DBC bookings.
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Recreation
The Recreation Services Division oversees contract classes and excursions, senior
programs, youth and adult sports, and special events.
Public Works
The Public Works Department oversees matters relating to City streets, public right-of-
way, capital projects, utilities, traffic related issues, storm drains and other public works
facilities. Public Works is responsible for the day-to-day maintenance of all public works
facilities, including streets, curbs, gutters, sidewalks, traffic signals, signs, streetlights,
storm drains, stormwater management, and landscaping. It also coordinates local and
regional transportation projects and plans with other governmental agencies to ensure
that the City's concerns are addressed (i.e. Southern California Association of
Governments, Los Angeles County Transportation Commission, CalTrans, Metro, and
County of Los Angeles).
Engineering
Engineering manages and enforces the City's requirements for subdivisions, lot
development on private property, utilities, vehicle/pedestrian traffic, and use of public
right-of-way. All plans and projects for proposed development are rev iewed and any
required reports are prepared for the Planning Commission, Traffic and Transportation
Commission, and the City Council. Engineering also oversees the project management
of capital projects.
Street Maintenance
The Public Works Department oversees street maintenance as prescribed in the
Pavement Management Plan, keeping the City’s approximately 130 center -line miles of
roadway clean and safe. In addition, the department manages the Sidewalk
Inspection Plan and hardscape projects throughout the City.
Maintenance
The Community Services Department is tasked with maintenance of various City
facilities (City Hall, Diamond Bar Center, Heritage Park Community Center, Pantera Park
Community Room), parks, trails, and landscaped areas of the City’s Lighting and
Landscape Assessment Districts.
City Attorney
The City Attorney is appointed by and serves at the pleasure of the City Council. The
City contracts with Woodruff, Spradlin & Smart a private law firm to provide City
Attorney services, a typical model among cities of its size. David DeBerry of Woodruff,
Spradlin & Smart is currently the City Attorney. With respect to most civil matters, the
client is the City Council. California courts have made it clear that government lawyers
are governed by the Rules of Professional Conduct of the State Bar of California, the
most pertinent of which provides that “representing an organization, a member (license
47 City of Diamond Bar | City Council Handbook
attorney) shall conform his or her representation to the concept that the client is the
organization itself, acting through its highest authorized…body.” The highest body in the
City's organization is the City Council. The City Attorney generally takes direction from
a majority of the City Council and cannot take direction from any individual council
member contrary to the desires of the majority. As provided for in the Municipal Code,
the City Attorney also assists the City Manager in the administration of the City's affairs.
In general, the attorney-client privilege is between the City Attorney and the City
Council and not between the City Attorney and any single council member. The
privilege can be invoked as to individuals in some specified cases, most commonly in
litigation.
City Prosecutor
Diamond Bar contracts with Dapeer, Rosenblit, & Litvak, LLP to prosecute violations of
the Municipal Code. When filing criminal misdemeanor violations, court cases have
made it clear that the city prosecutor is acting as a public officer on behalf of the
People of the State of California and not the City Council. As such, with respect to
criminal prosecutions, the city prosecutor is not subject to taking direction from the City
Council. The discretion whether sufficient evidence is available to prosecute is left to
the discretion of the city prosecutor. As stated by the United States Supreme Court, the
obligation of the city prosecutor is not to win a case, but to see that justice is done.