HomeMy WebLinkAbout2021.09.21 Agenda Packet - Regular MeetingCity Council Agenda
Tuesday, September 21, 2021
Regular Meeting 6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with the Governor’s Executive Order, members of the public are encouraged to
participate and address the City Council during the public comment portion of the meeting via
teleconference.
Members of the City Council and limited staff may be physically present for this meeting. If you
would like to attend the meeting in person, please note that face coverings are required to be worn
at all times.
How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (631) 992-3221, Access Code: 794-089-499
or visiting https://attendee.gotowebinar.com/register/2071481423970734606.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City Clerk by
email at cityclerk@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting. Please indicate in the
Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members
and noted for the record at the meeting.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/2071481423970734606. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
NANCY A. LYONS
Mayor
RUTH M. LOW
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are in vited
to attend and participate. Copies of staff reports or other written documentation relating to agenda
items are on file and available for public inspection by contacting the Office of the City Clerk. If
requested, the agenda will be made available in an alternative format to a person with disability as
required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions
regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business
hours.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the
time the item is taken up by the Council. In addition, members of the public may, during the Public
Comment period address the Council on any Consent Calendar item or any matter not on the
agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City
Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The
Mayor may adjust this time limit depending on the number of people wishing to speak, the
complexity of the matter, the length of the agenda, the hour and any other relevant consideration.
Speakers may address the Council only once on an agenda item, except during public hearings,
when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of
the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the m eeting and are
posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3,
Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City
Council may take action on any item listed on the agenda.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010
Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are
available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley
Dr., Diamond Bar, California, during normal business hours.
THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA
TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.
THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT
9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR
LIVE VIEWING AT
HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/2071481423970734606 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
September 21, 2021
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low,
Mayor Lyons
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. Please complete a
Speaker Card and hand it to the City Manager (completion of this form is
voluntary). The City will call on in person speakers first and then teleconferen ce
callers, one at a time to give their name and if there is an agenda item number
they wish to speak on before providing their comment. If you wish to speak on a
public hearing item or council consideration item, you will be called upon to
speak at that point in the agenda.
3. CONSENT CALENDAR:
All items listed on the Consent Calendar are considered by the City Council to be
routine and will be acted on by a single motion unless a Council Member or
SEPTEMBER 21, 2021 PAGE 2
member of the public request otherwise, in which case, the item will be removed
for separate consideration.
3.1 CITY COUNCIL MINUTES OF THE AUGUST 17, 2021 REGULAR
MEETING.
3.1.a August 17, 2021 City Council Minutes
Recommended Action:
Approve the August 17, 2021 Regular City Council meeting minutes.
Requested by: City Clerk
3.2 RATIFICATION OF CHECK REGISTER DATED AUGUST 12, 2021
THROUGH SEPTEMBER 14, 2021 TOTALING $2,063,895.92.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.3 TREASURER'S STATEMENT
Recommended Action:
Approve the May 2021 Treasurer’s Statement.
Requested by: Finance Department
3.4 ORDINANCE NO. 02 (2021) - AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW
SECTION 22.42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND
SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND
WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES),
SECTION 22.44.020 (AUTHORITY FOR LAND USE AND ZONING
DECISIONS), SECTION 22.74.030 (APPEALS OF DECISIONS), AND
SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO
ENACT REGULATIONS GOVERNING THE DEPLOYMENT,
AUGMENTATION, AND RELOCATION OF SMALL WIRELESS
FACILITIES IN THE CITY IN ACCORDANCE WITH STATE AND
FEDERAL LAW.
Recommended Action:
Approve for second reading by title only, waive full reading, and adopt
Ordinance No. 02 (2021) (Small Wireless Facility Ordinance).
Requested by: Community Development Department
SEPTEMBER 21, 2021 PAGE 3
3.5 AMENDMENTS TO THE CITY OF DIAMOND BAR CLASSIFICATION
AND COMPENSATION PLAN RELATED TO THE FINANCE
DEPARTMENT AND PART-TIME NON-BENEFITTED EMPLOYMENT
POSITIONS.
Recommended Action:
Adopt Resolution No. 2021-41 establishing a Finance Supervisor
classification; amending the job titles and pay scaled for part-time non-
benefitted classifications of employment; and providing temporary hiring
incentives and tuition reimbursement program participation for FY 2021/22
for part-time non-benefitted classifications of employment.
Requested by: City Manager
4. PUBLIC HEARINGS:
4.1 AMENDMENTS TO THE SCHEDULE OF RATES, FEES, AND
CHARGES FOR PLANNING FEES RELATED TO SMALL WIRELESS
FACILITIES.
Recommended Action:
Receive presentation, Open the Public Hearing to receive testimony,
Close the Public Hearing, Discuss and Adopt Resolution No. 2021 -42
amending the schedule of rates, fees, and charges for Planning Fees
related to Small Wireless Facilities.
Requested by: City Manager
5. COUNCIL CONSIDERATION:
5.1 PROCESS TO DISSOLVE EXISTING LANDSCAPE ASSESSMENT
DISTRICT NO. 39 AND CONDUCT PROPOSITION 218 BALLOT
PROCESS TO ESTABLISH A NEW LANDSCAPE ASSESSMENT
DISTRICT NO. 39-2022.
Recommended Action:
A. Direct staff to take the necessary steps to dissolve Landscape
Assessment District No. 39;
B. Direct staff to initiate the Proposition 218 ballot process for the
formation of the proposed Landscape Assessment District No. 39-
2022;
C. Approve, and authorize the Mayor to sign, the second amendme nt to
the Consulting Services Agreement with SCI Consulting Group, to
provide special assessment engineering and balloting services in the
not-to-exceed amount of $15,100;
SEPTEMBER 21, 2021 PAGE 4
D. Approve, and authorize the Mayor to sign, the Consulting Services
Agreement with NBS Government Finance Group, to provide public
outreach/engagement services in the not-to-exceed amount of
$48,000; and
E. Appropriate $63,100 from available General Fund balance to the
District 39 Operating Budget for professional services related to the
Proposition 218 process and public outreach/engagement services.
Requested by: Public Works Department
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE AUGUST 17, 2021 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the August 17, 2021 Regular City Council meeting minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
3.1
Packet Pg. 7
Attachments:
1. 3.1.a August 17, 2021 City Council Minutes
3.1
Packet Pg. 8
CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
AUGUST 17, 2021
CLOSED SESSION: 5:30 p.m., Windmill Room
Public Comments: None Offered
Government Code Section 54957
Public Employee – City Manager
Performance Evaluation
Closed Session adjourned at 6:22 p.m.
CALL TO ORDER: Mayor Lyons called the Regular City Council meeting
to order at 6:32 p.m.
M/Lyons stated that the Council met in Closed Session at 5:30 p.m. and there was no
reportable action taken. Consistent with COVID-19 regulations, members of the public
were encouraged to participate and address the City Council during the public comment
portion of the meeting via teleconference. Members of the City Council and limited staff
were physically present for the meeting and public seating was limited to a first-come,
first-serve basis.
PLEDGE OF ALLEGIANCE: Councilmember Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye,
Mayor Pro Tem Ruth Low, Mayor Nancy Lyons
Staff in Attendance: Dan Fox, City Manager; Greg Gubman, Community
Development Director; Joy Tsai, Associate Planner; Joan Cruz, Administrative
Assistant; Kristina Santana, City Clerk
Staff present telephonically: Ryan McLean, Assistant City Manager; Anthony
Santos, Assistant to the City Manager; David DeBerry, City Attorney; David Liu, Public
Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jessi ca
Cortez, Director of Finance; Grace Lee, Senior Planner; May Nakajima, Associate
Planner; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of
Information Services; Cecilia Arellano, Public Information Coordinator; Ryan Wright,
Director of Recreation; Marsha Roa, Public Information Manager
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen
Tousey, LA County Sheriff’s Department.
APPROVAL OF AGENDA: As presented.
3.1.a
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AUGUST 17, 2021 PAGE 2 CITY COUNCIL
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Fox explained public participation and public comments practices in
accordance with the Brown Act during the pandemic.
CM/Fox introduced Jeff Klein, Manager, Civic Engagement Community Relations
and Legislation, LA County Registrar of Voters office, who updated the Council
on the voting process for the upcoming gubernatorial recall election being held
on September 14th, 2021 and responded to Council questions.
2. PUBLIC COMMENTS:
CC/Santana announced that there were no public comment emails submitted for
tonight’s meeting.
In Person:
C. Robin Smith thanked CM/Fox for his comments on meeting minutes and
public comments and asked where written public comments of past meetings can
be found.
Mindy Farabee asked for easier access to public information.
Pui-Ching Ho announced changes to the library hours and fee s.
Telephonically:
Chandrika Doshi spoke about her son’s car being vandalized.
Douglas Barcon thanked CM/Fox for providing information on public comments
during Council Meetings and recommended Council adoption of a rule(s)
regarding public comment emails submitted on specific agenda items.
M/Lyons closed Public Comments.
CM/Fox responded to public comments regarding public participation during
Council meetings.
M/Lyons recounted that she spoke with and emailed Mrs. Doshi and spoke with
Captain Tousey regarding her son’s incident.
CA/Berry noted that the City Council adopted a policy regarding Public
Comments which can be found in the City Council’s Standards of Operation and
Code of Ethics and the City has gone above and beyond what the Brown Act
requires during the pandemic.
3. CONSENT CALENDAR: C/Chou moved, MPT/Low seconded, to approve the
Consent Calendar with the exception of Item 3.1 pulled by C/Chou. Motion
3.1.a
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AUGUST 17, 2021 PAGE 3 CITY COUNCIL
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.2 RATIFIED CHECK REGISTER DATED JULY 29, 2021 THROUGH
AUGUST 11, 2021 TOTALING $459,642.15.
3.3 ADOPTED RESOLUTION NO. 2021-38 EXTENDING THE DECLARED
LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-
19).
3.4 APPROVED, AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT WITH FRJ & ASSOCIATES
FOR HOME IMPROVEMENT PROGRAM ADMINISTRATION SERVICES
THROUGH JUNE 30, 2026.
3.5 REMOVED FROM FURTHER CONSIDERATION, HEALTH OFFICER
ORDER OF FACE COVERINGS.
3.6 CANCELED SEPTEMBER 7, 2021 CITY COUNCIL MEETING AND
ADJOURNED THE AUGUST 17, 2021 CITY COUNCIL MEETING TO
SEPTEMBER 21, 2021.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
3.1 APPROVE CITY COUNCIL MINUTES:
3.1a AUGUST 3, 2021 REGULAR MEETING.
C/Chou asked for clarification regarding appending emails to Council
Meeting Minutes and CM/Fox reiterated that emails are appended to the
agenda packet following the Council Meeting and are stored in the
archiving location on the City website. He stated that the Council’s policy
calls for “action” minutes, and transcripts and video of the meeting are
available on the website as well.
C/Chou moved, MPT/Low seconded, to approve Item 3.1. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1.a
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AUGUST 17, 2021 PAGE 4 CITY COUNCIL
4. PUBLIC HEARINGS:
4.1 TENTATIVE PARCEL MAP NO. 83371 (PLANNING CASE NO. PL2021-
15) FOR A TWO LOT SUBDIVISION AT 2335 S. DIAMOND BAR
BOULEVARD (ASSESSOR’S PARCEL NUMBER 8292-009-004).
AP/Tsai presented the staff report.
M/Lyons opened the Public Hearing.
CC/Santana announced that no public comment emails were received for
this item.
In person:
Janine Stanley asked that development questions posed during the
Planning Commission and City Council meeting be addressed and
answered.
Telephonically:
Douglas Barcon withdrew his comment.
Paul Deibel spoke in support of parcel map approval.
James Ling, Coory Engineering, civil engineers assisting the church with
the subdivision request, thanked AP/Tsai for her report and acknowledged
that on behalf of the church, his firm read the report and concurs with the
conditions of approval as recommended.
M/Lyons closed the Public Hearing.
CDD/Gubman explained to public speakers that there is no development
proposed for this property at this time and that questions regarding a
future development will be answered when a development proposal is
brought to the City. At this time, the subdivision is being proposed by the
applicant so that a separate parcel can be sold off and a future owner can
propose development. Regarding a traffic signal and/or other public
improvements, the residential project that would eventually be proposed
would be subject to a variety of technical analysis and the California
Environmental Quality Act (CEQA), and would include traffic analysis and
the intersection of Diamond Bar Boulevard and Morning Canyon Road
which would be evaluated to determine whether or not the proposed
development warrants a traffic signal, restriping or any other types of
improvements. When projects are reviewed, property values is not
something directly considered when making a recommendation.
However, there are development standards (Residential Design
Guidelines) that contemplate preserving property values and
3.1.a
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AUGUST 17, 2021 PAGE 5 CITY COUNCIL
neighborhood characteristics. Unlike properties surrounding this site that
were developed prior to City incorporation, parking requirements for
development in Diamond Bar under the Development Code would have
contemporary parking requirements and all parking would have to be
facilitated onsite. In addition, this land is currently zoned for residential
development and if the church chose to do residential development as a
mixed-use project on their campus, that option is currently medium density
based on 12 units per acre.
C/Chou moved, C/Liu seconded to Adopt Resolution No. 2021-39
approving Tentative Parcel Map No. 83371 (Planning Case No. PL2021-
15, based on the Findings of Fact, and subject to the Conditions of
Approval contained therein. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.2 APPROVAL OF A COST REPORT AND ESTABLIS HMENT OF A
SPECIAL ASSESSMENT AND LIEN TO RECOVER NUISANCE
ABATEMENT COSTS RELATED TO THE PROPERTY LOCATED AT
2202 PEBBLE LANE (APN: 8765-017-038).
CDD/Gubman presented the staff report.
CC/Santana stated that no public comment emails were submitted on this
item.
M/Lyons opened the Public Hearing.
With no one wishing to speak on this item, M/Lyons closed the Public
Hearing.
C/Chou moved, C/Tye seconded to Adopt Resolution 20221-40 approving
the Cost Report and establishing a special assessment and lien in the
amount of $15,462 on the property located at 2202 Pebble Lane (APN:
8765-017-038). Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.3 ORDINANCE NO. 02 (2021): AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA AMENDING TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODDE TO ADD NEW
SECTION 22.42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND
3.1.a
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AUGUST 17, 2021 PAGE 6 CITY COUNCIL
SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND
WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES),
SECTION 22.440020 (AUTHORITY FOR LAND USE AND ZONING
DECISIONS), SECTION 22.74.030 (APPEALS OF DECISIONS) AND
SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS ), TO
AUGMENTATION AND RELOCATION OF SMALL WIRELESS
FACILITIES IN THE CITY, IN ACCORDANCE WITH STATE AND
FEDERAL LAW.
CDD/Gubman presented the staff report.
CC/Santana announced that no public comment emails were submitted on
this item.
M/Lyons opened the Public Hearing.
Telephonically:
Paul Deibel reiterated his concerns about public notification of small
wireless facilities within a certain radius of the proposed installation.
Douglas Barcon commented that with respect to public notification, RF
safety is a prime issue for ham radio operators and he trusts engineers
who ensure that no one is close enough to these transmitters to be
harmed by them.
M/Lyons closed the Public Hearing.
C/Tye, MPT/Low seconded, to introduce first reading of Ordinance No. 02
(2021) as modified and schedule the second reading and adoption at the
next regularly scheduled City Council meeting on September 21, 2021.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low,
M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5. COUNCIL CONSIDERATION:
5.1 CA LEAGUE OF CALIFORNIA CITIES RESOLUTIONS AT THE 2021
ANNUAL CONFERENCE.
CM/Fox provided a report on this item and asked for Council discussion
and direction to C/Chou as Council’s voting delegate to the League.
Following discussion, Council concurred to oppose the first amendment
unless amended to address disparity between large fulfilment centers
3.1.a
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AUGUST 17, 2021 PAGE 7 CITY COUNCIL
versus the smaller point-of-sales, and to support the second resolution on
providing maintenance of rail right-of-way.
7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for a great meeting and CM/Fox for the clear explanation
about how public comments/emails are handled.
C/Liu thanked staff for the detailed presentations, Parks and Rec for bringing
back classes for local senior citizens in the City parks, high school students who
are sponsoring free tutoring classes, Big Sisters for their mentorship to young
girls at no cost, and wished everyone a safe and fun Labor Day weekend.
C/Tye recounted that he and M/Lyons met with Caltrans regarding cleanup of the
Park and Ride facilities and on/off ramps at the SR60/Diamond Bar Boulevard
and Pathfinder Road/SR/57. Residents who observe these kinds of problems
are asked to report their findings to the City.
MPT/Low thanked staff for a great meeting, especially CDD/Gubman and his
team for their contribution, and thanked CM/Fox and the Parks and Rec team for
an excellent Concerts in the Park and Movies under the Stars summer series.
The City is formulating a “Good Neighbor Award” program for 2021 to recognize
individuals in the community who have performed acts of kindness and given of
their time and resources to help those in need and nominations for this award are
open until March 31 of 2022. Please drive safety as school is in session.
M/Lyons said she loves the normality of seeing school buses on the street. Last
week she, C/Tye and CM/Fox met with State Senator Newman and his staff to
discuss concerns about pending housing legislation which further reduc es local
control and recommended the senator vote “no” on four pieces of legislation with
which he concurred, but was unable to help with funding for Sunset Crossing
Park construction and Heritage Park renovations. Later in the day, she and
C/Tye met with Caltrans representatives and visited four locations within the City
to look at trash problems at Park and Ride and on/off ramp locations. She spoke
about the current situation in Afghanistan and acknowledged the fortunes of
living in America.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 8:26 p.m. to September 21, 2021 at 6:30 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
3.1.a
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AUGUST 17, 2021 PAGE 8 CITY COUNCIL
The foregoing minutes are hereby approved this 21st day of September, 2021.
__________________________
Nancy Lyons, Mayor
3.1.a
Packet Pg. 16
Agenda #: 3.2
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED AUGUST 12, 2021
THROUGH SEPTEMBER 14, 2021 TOTALING $2,063,895.92.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $2,063,895.92.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated August 12, 2021 through
September 14, 2021 totaling $2,063,895.92 is being presented for ratification. All
payments have been made in compliance with the City’s purchasing policies and
procedures, and have been reviewed and approved by the appropriate departmental
staff. The attached Affidavit affirms that the check register has been audited and
deemed accurate by the Finance Director.
PREPARED BY:
3.2
Packet Pg. 17
REVIEWED BY:
Attachments:
1. 3.2.a Check Register Affidavit 9-21-2021
2. 3.2.b Check Register 9-21-2021
3.2
Packet Pg. 18
3.2.a
Packet Pg. 19
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3302 8/24/2021 CALPERS FEES FOR GASB-68 REPORTS &
SCHEDULES
100210 54010 $700.00
CHECK TOTAL $700.00
3303 8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
106 21109 $31.68
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
239 21109 $79.49
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
201 21109 $116.89
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
238 21109 $158.98
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
250 21109 $202.17
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
207 21109 $224.22
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
206 21109 $554.74
8/20/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 08/20/2021
100 21109 $12,337.71
CHECK TOTAL $13,705.88
3304 8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
106 21110 $55.95
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
239 21110 $143.75
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
238 21110 $220.88
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
201 21110 $397.57
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
207 21110 $716.68
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
250 21110 $1,068.73
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
206 21110 $1,106.16
8/20/2021 CALPERS PENSION CONTRIB 7/31/21-8/13/21 &
8/1/21-8/31/21
100 21110 $41,297.28
CHECK TOTAL $45,007.00
3.2.b
Packet Pg. 20
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3305 8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
207 21118 $6.61
8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
238 21118 $8.02
8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
239 21118 $8.02
8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
250 21118 $23.70
8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
206 21118 $56.73
8/20/2021 TASC FLEX SPENDING MEDICAL/CHILD CARE
08/20/2021
100 21118 $1,233.61
CHECK TOTAL $1,336.69
3306 8/25/2021 BRIGHTVIEW LANDSCAPE
SERVICES INC
LANDSCAPE MAINTENANCE (JUN 2021) 100510 55505 $6,044.00
8/25/2021 BRIGHTVIEW LANDSCAPE
SERVICES INC
LANDSCAPE MAINTENANCE (JUN 2021) 100630 55505 $28,121.00
CHECK TOTAL $34,165.00
3307 8/25/2021 ITERIS INC CS - TRAFFIC - ON-CALL THRU JUNE 2021 207650 54410 $7,445.00
8/25/2021 ITERIS INC CS - TRAFFIC ENGR. - MAR 2021 207650 54410 $4,782.50
8/25/2021 ITERIS INC CS - TRAFFIC ENGR. - MAY 2021 207650 54410 $2,247.00
CHECK TOTAL $14,474.50
3308 8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2176 ROCKY VIEW 100 22109 $247.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2244 INDIAN CREEK 100 22109 $348.75
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53450 MILLENNIUM 100 22109 $132.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53670 LOT 5 100 22109 $132.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 22589 PACIFIC LANE 100 22109 $132.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2775 SHADOW
CANYON
100 22109 $1,050.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES - 259 GENTLE SPRINGS 100 22107 $435.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - APRIL 2021 201610 54200 $137.50
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - NOV 2020 201610 54200 $2,669.50
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2244 INDIAN CREEK 100 22109 $1,061.25
3.2.b
Packet Pg. 21
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53430 -
MILLENNIUM
100 22109 $178.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53670 LOT 5 100 22109 $410.75
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2176 ROCKY VIEW 100 22109 $178.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 22589 PACIFIC LANE 100 22109 $432.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 22438 STEEPLECHASE 100 22109 $36.25
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - JAN 2021 201610 54200 $6,375.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2176 ROCKY VIEW 100 22109 $275.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53430 MILLENNIUM 100 22109 $523.75
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - TR53670 LOT 5 100 22109 $523.00
8/25/2021 JOHN L HUNTER & ASSOC INC NPDES SERVICES - 2775 SHADOW
CANYON RIDGE
100 22109 $616.00
CHECK TOTAL $15,894.25
3309 8/25/2021 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINTENANCE (CITY
PARKS) JUL
100510 55505 $5,865.00
8/25/2021 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINTENANCE (CITY
PARKS) JUL
100630 55505 $27,411.00
CHECK TOTAL $33,276.00
3310 8/25/2021 RJ NOBLE COMPANY DBB ROAD REHAB PROJ - PYMT 1 301610 56101 $944,387.77
CHECK TOTAL $944,387.77
3311 8/25/2021 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES - MAY
2021
100420 55100 $57,343.28
8/25/2021 RKA CONSULTING GROUP BLDG AND SAFETY SVCES-JUNE 2021 100420 55100 $49,105.01
8/25/2021 RKA CONSULTING GROUP BLDG & SAFETY SVCS-JUNE 2021 PLNG
ASSISTANCE STAFF
100410 50010 $11,481.79
8/25/2021 RKA CONSULTING GROUP DBB - PROJ 1 DESIGN 301610 56101 $70.00
8/25/2021 RKA CONSULTING GROUP AREA 2 - GOLDEN SPRINGS (E) DESIGN 301610 56101 $807.50
CHECK TOTAL $118,807.58
3312 8/25/2021 RTS FINANCIAL SERVICE INC CROSSING GUARD SERVICES - MAY
2021
100310 55412 $21,968.77
CHECK TOTAL $21,968.77
3313 8/25/2021 SCI CONSULTING GROUP ASSESSMENT ENGR SERVICES - LLAD #41 100615 54410 $13,568.59
3.2.b
Packet Pg. 22
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $13,568.59
3314 8/25/2021 SIEMENS INDUSTRY INC TS REPAIR - DBB/GOLDEN SPRINGS
AUDIBLE PED
207650 55536 $12,840.79
8/25/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL MAINTENANCE - JUNE
2021
207650 55536 $4,554.00
8/25/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL MAINTENANCE - CALL
OUTS - JUNE 2021
207650 55536 $4,115.80
8/25/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL MAINTENANCE - APRIL
2021
207650 55536 $3,724.56
8/25/2021 SIEMENS INDUSTRY INC TRAFFIC SIGNAL MAINTENANCE - APR
2021
207650 55536 $4,554.00
8/25/2021 SIEMENS INDUSTRY INC TS MAINT - IISNS FRAMES/BREA CYN &
PATHFINDER
207650 55536 $1,715.00
8/25/2021 SIEMENS INDUSTRY INC TS MAINTENANCE - USA MARK-OUTS 207650 55536 $702.00
8/25/2021 SIEMENS INDUSTRY INC TS MAINTENANCE - DBB/TEMPLE REPAIR 207650 55536 $390.00
CHECK TOTAL $32,596.15
3316 8/25/2021 US BANK P-CARD STATEMENT - JULY 2021 999 28100 $14,196.42
CHECK TOTAL $14,196.42
3317 8/25/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (JULY) 238638 52220 $13,443.23
8/25/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 39 (JULY) 239639 52220 $13,263.68
8/25/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (JULY) 241641 52220 $33.58
8/25/2021 WALNUT VALLEY WATER DISTRICT CITY HALL (JULY) 100620 52220 $833.47
8/25/2021 WALNUT VALLEY WATER DISTRICT DBC (JULY) 100510 52220 $398.87
8/25/2021 WALNUT VALLEY WATER DISTRICT PARKS (JULY) 100630 52220 $30,133.85
CHECK TOTAL $58,106.68
3318 8/25/2021 ADAPT CONSULTING INC USED OIL SUPPLIES 253180 51200 $462.53
CHECK TOTAL $462.53
3319 8/25/2021 AMERICOMP GROUP LASER PRINTER MAINT - OCT-NOV-DEC
2020
100230 55000 $2,479.25
8/25/2021 AMERICOMP GROUP FUSER FOR PRINTER 100230 51200 $436.91
CHECK TOTAL $2,916.16
3320 8/25/2021 ROBYN A BECKWITH REPLACE NEW PLANTS IN CITY HALL 100620 52320 $2,135.25
3.2.b
Packet Pg. 23
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8/25/2021 ROBYN A BECKWITH PLANT MAINTENANCE SERVICE IN JULY
2021
100620 52320 $432.00
8/25/2021 ROBYN A BECKWITH PLANT MAINTENANCE (DBC) JULY 2021 100510 55300 $200.00
CHECK TOTAL $2,767.25
3321 8/25/2021 BEST LIGHTING PRODUCTS INC LIGHTING MAINTENANCE (JULY) 238638 52320 $233.55
8/25/2021 BEST LIGHTING PRODUCTS INC LIGHTING MAINTENANCE (JULY) 100620 52320 $281.98
8/25/2021 BEST LIGHTING PRODUCTS INC LIGHTING MAINTENANCE (JULY) 100510 52320 $388.38
8/25/2021 BEST LIGHTING PRODUCTS INC LIGHTING MAINTENANCE (JULY) 100630 55505 $1,225.99
CHECK TOTAL $2,129.90
3322 8/25/2021 BRANDI ZOELLNER INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $324.00
CHECK TOTAL $324.00
3323 8/25/2021 BRIAN MARTINEZ PHOTOGRAPHY 100240 52130 $1,750.00
CHECK TOTAL $1,750.00
3324 8/25/2021 BULLSEYE TELECOM INC CITY-WIDE ANALOG PHONE SERVICE -
AUG 2021
100230 52200 $1,711.28
CHECK TOTAL $1,711.28
3325 8/25/2021 CALIFORNIA MUNICIPAL
TREASURERS ASSOCIATION
MEMBERSHIP DUES - FINANCE DIRECTOR 100210 52400 $95.00
CHECK TOTAL $95.00
3326 8/25/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK 100 22109 $143.90
8/25/2021 CANNON CORPORATION PLAN CHECKS - T&M 100 22109 $1,455.00
8/25/2021 CANNON CORPORATION CS-ENGR/ON-CALL - PLAN CHECK
21711 BIRCH HILL
100615 54420 $571.14
CHECK TOTAL $2,170.04
3327 8/25/2021 CDW GOVERNMENT ANNUAL RENEWAL - F5 SUPPORT 100230 52314 $2,039.00
8/25/2021 CDW GOVERNMENT ANNUAL RENEWAL - BARRACUDA 100230 52314 $3,595.56
CHECK TOTAL $5,634.56
3328 8/25/2021 CHEM PRO LABORATORY INC WATER TREATMENT CITY HALL (AUG) 100620 52320 $155.00
CHECK TOTAL $155.00
3329 8/25/2021 CODING MINDS INC INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $252.00
3.2.b
Packet Pg. 24
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $252.00
3330 8/25/2021 DAVID EVANS AND ASSOCIATES
INC
GRAND/GSD INTERSECTION -
LANDSCAPE ARCH JULY 2021
301610 56105 $1,964.65
CHECK TOTAL $1,964.65
3331 8/25/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL
MEETINGS
100140 54900 $250.00
8/25/2021 CAROL A DENNIS MINUTE SECRETARY - PARKS &
RECREATION COMMISSION
100520 54900 $25.00
8/25/2021 CAROL A DENNIS MINUTE SECRETARY - T&T COMM MTG -
5/13/21
100610 54900 $100.00
CHECK TOTAL $375.00
3332 8/25/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $32.00
CHECK TOTAL $32.00
3333 8/25/2021 DMPR 4 LLC STORAGE RENT 100130 52302 $1,576.00
CHECK TOTAL $1,576.00
3334 8/25/2021 DS SERVICES OF AMERICA INC BOTTLED WATER (AUG 2021) 100630 51200 $145.57
CHECK TOTAL $145.57
3335 8/25/2021 ENVIRONMENTAL SCIENCE
ASSOCIATES
CEQA CONSULTING SVS-TTM 54081-
MAY AND JUNE 2021
100 22107 $4,290.50
CHECK TOTAL $4,290.50
3336 8/25/2021 EWING IRRIGATION PRODUCTS
INC
BUILDING MAINTENANCE 100630 52320 $303.77
CHECK TOTAL $303.77
3337 8/25/2021 FEDERAL EXPRESS
CORPORATION
EXPRESS MAIL - GENERAL 100130 52170 $21.57
CHECK TOTAL $21.57
3338 8/25/2021 GOVCONNECTION INC WIRELESS KEYBOARDS (4) 100230 51300 $118.61
8/25/2021 GOVCONNECTION INC JABRA PRO 920 DUO 100230 51300 $194.91
8/25/2021 GOVCONNECTION INC INTEL 17, 8GB RAM, 1TB HDD (2) 100230 51300 $1,867.34
CHECK TOTAL $2,180.86
3339 8/25/2021 GOVERNMENT FINANCE
OFFICERS ASSOCIATION
MEMBERSHIP DUES - FINANCE DIRECTOR 100210 52400 $595.00
CHECK TOTAL $595.00
3.2.b
Packet Pg. 25
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3340 8/25/2021 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX - JUL -
SEPT 2021
100210 54010 $3,448.07
CHECK TOTAL $3,448.07
3341 8/25/2021 HIMANSHU TANNA CONCERTS CAMERA OPERATOR 100240 55000 $1,500.00
CHECK TOTAL $1,500.00
3342 8/25/2021 INLAND SOCAL MEDIA GROUP
LLC
DBC AD SEPTEMBER 2021 100510 52160 $750.00
CHECK TOTAL $750.00
3343 8/25/2021 INSIGHT PUBLIC SECTOR LOGITECH WEBCAMS (4) 100230 51200 $416.10
CHECK TOTAL $416.10
3344 8/25/2021 JIVE COMMUNICATIONS INC CITY-WIDE PHONE SERVICE - AUG 2021 100230 52200 $2,464.06
CHECK TOTAL $2,464.06
3345 8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
PARKING STUDY - 1900 S. BREA CYN RD. 100 22107 $963.71
8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
TCP REVIEW - 1139 S DBB 100 22109 $107.08
8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC ENGR - JAN 2021 100615 54410 $358.85
8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC - JUNE 2021 100615 54410 $3,270.26
8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
TRAFFIC STUDY - TRANQUIL GARDENS 100 22107 $107.08
8/25/2021 KIMLEY HORN AND ASSOCIATES
INC
ON-CALL TRAFFIC - APR 2021 100615 54410 $1,001.33
CHECK TOTAL $5,808.31
3346 8/25/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JUNE 2021 100230 52314 $50.00
CHECK TOTAL $50.00
3347 8/25/2021 LIEBE SHERI-LYN INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $858.00
CHECK TOTAL $858.00
3348 8/25/2021 LIFESIGNS NOW AMERICAN SIGN LANGUAGE
INTERPRETATION SERVICE
100140 54900 $233.75
8/25/2021 LIFESIGNS NOW AMERICAN SIGN LANGUAGE
INTERPRETATION SERVICE
100140 54900 $233.75
CHECK TOTAL $467.50
3.2.b
Packet Pg. 26
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3349 8/25/2021 LOOMIS COURIER SVCS - JULY 2021 100210 54900 $899.91
8/25/2021 LOOMIS COURIER SVCS - JULY 2021 100510 54900 $899.91
CHECK TOTAL $1,799.82
3350 8/25/2021 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES - THRU
MAY 2021
100610 55550 $2,328.46
8/25/2021 LOS ANGELES COUNTY PUBLIC
WORKS
INDUSTRIAL WASTE SERVICES - THRU
APRIL 2021
100610 55550 $1,331.98
CHECK TOTAL $3,660.44
3351 8/25/2021 RICK RAYMOND MATTIE CONCERTS CAMERA OPERATOR 100240 55000 $1,200.00
8/25/2021 RICK RAYMOND MATTIE CONCERTS CAMERA OPERATOR 100240 55000 $300.00
CHECK TOTAL $1,500.00
3352 8/25/2021 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL CEQA SURVEYS-
JULY 2021
301630 56104 $4,405.00
CHECK TOTAL $4,405.00
3353 8/25/2021 MSNOC INC CONTRACT CLASS INSTRUCTOR -
SCIENCE CLASSES
100520 55320 $2,250.00
CHECK TOTAL $2,250.00
3354 8/25/2021 NITSOM PROMOTIONAL
MANUFACTURING CORP
DOG BAGS FOR DISPENSERS IN CITY
PARKS & TRAILS
250170 51200 $3,547.80
CHECK TOTAL $3,547.80
3355 8/25/2021 NORTH AMERICAN YOUTH
ACTIVITIES LLC
CONTRACT CLASS INSTRUCTOR YOUTH
SOCCER
100520 55320 $1,658.40
CHECK TOTAL $1,658.40
3356 8/25/2021 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $239.50
CHECK TOTAL $239.50
3357 8/25/2021 OFFICE SOLUTIONS SUPPLIES - FINANCE 100210 51200 $8.73
8/25/2021 OFFICE SOLUTIONS DIAMOND BAR CENTER OFFICE SUPPLY
ORDER 7/2021
100510 51200 $47.77
8/25/2021 OFFICE SOLUTIONS OFFICE SUPPLIES 100220 51200 $112.57
8/25/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $247.47
8/25/2021 OFFICE SOLUTIONS KEYBOARD FOR PIM 100240 51300 $81.17
8/25/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $49.49
3.2.b
Packet Pg. 27
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $547.20
3358 8/25/2021 ONE TIME PAY VENDOR CHERYL PENAIA 2020 CANCELLATION REFUND 100 20202 $1,985.00
CHECK TOTAL $1,985.00
3359 8/25/2021 ONE TIME PAY VENDOR JOYCE LI CANCELLED CLASS DUE TO PERSONAL
SCHEDULE CONFLICT
100 20202 $134.00
CHECK TOTAL $134.00
3360 8/25/2021 ONE TIME PAY VENDOR LA COUNTY PROBATION
DEPARTMENT
EVENT DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
3361 8/25/2021 ONE TIME PAY VENDOR MAHENDRA TANNA EVENT DEPOSIT REFUND 100 20202 $3,715.75
CHECK TOTAL $3,715.75
3362 8/25/2021 ONE TIME PAY VENDOR RAJ PATEL EVENT DEPOSIT REFUND 100 20202 $1,450.00
CHECK TOTAL $1,450.00
3363 8/25/2021 ONE TIME PAY VENDOR ANDREW GIVENS CD REFUND 416 RED CLOUD 100 22105 $250.00
CHECK TOTAL $250.00
3364 8/25/2021 ONE TIME PAY VENDOR MCCORMACK
ROOFING COMPANY
CD REFUND: 23585 CASA LOMA 100 22105 $250.00
CHECK TOTAL $250.00
3365 8/25/2021 ONE TIME PAY VENDOR PARKSIDE INDUSTRIES
INC
CD REFUND: 22003 SANTAQUIN DR 100 22105 $250.00
CHECK TOTAL $250.00
3366 8/25/2021 ONE TIME PAY VENDOR SHUNDE ROOFING INC CD REFUND: 304 EL ENCINO 100 22105 $250.00
CHECK TOTAL $250.00
3367 8/25/2021 ONE TIME PAY VENDOR SUNSHINE ROOFING CD REFUND: 3220 FALCON RIDGE RD. 100 22105 $250.00
CHECK TOTAL $250.00
3368 8/25/2021 PAPER RECYCLING &
SHREDDING
DBC PAPER SHREDDING BIN 250170 55000 $40.00
CHECK TOTAL $40.00
3369 8/25/2021 PROTECTION ONE INC SYCAMORE CANYON PARK (08.28.21 -
11.27.21)
100630 52320 $186.60
CHECK TOTAL $186.60
3370 8/25/2021 PROTECTION ONE INC BURGLAR ALARM (CITY HALL) 08.29.21 -
09.28.21
100620 52320 $35.13
3.2.b
Packet Pg. 28
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $35.13
3371 8/25/2021 PUBLIC STORAGE #23051 STORAGE RENTAL UNIT # 2108 100130 52302 $466.00
CHECK TOTAL $466.00
3372 8/25/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JULY 2021 206650 55610 $45.06
8/25/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JULY 2021 206650 55620 $180.24
8/25/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JULY 2021 206650 55610 $138.00
8/25/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - JULY 2021 206650 55620 $552.00
CHECK TOTAL $915.30
3373 8/25/2021 REINBERGER CORPORATION BUSINESS CARDS FOR J. JONES (CODE
ENFORCEMENT)
100140 52110 $86.51
CHECK TOTAL $86.51
3374 8/25/2021 RETAIL MARKETING SERVICES INC SHOPPING CART RETRIEVAL -MAY 2021 250170 55000 $345.00
8/25/2021 RETAIL MARKETING SERVICES INC SHOPPING CART RETRIEVAL -JUNE 2021 250170 55000 $385.00
8/25/2021 RETAIL MARKETING SERVICES INC JULY SHOPPING CART RETRIEVAL
SERVICES
250170 55000 $315.00
CHECK TOTAL $1,045.00
3375 8/25/2021 RICHARD FISHER ASSOCIATES CANYON LOOP TRAIL DESIGN JULY
2021
301630 56104 $1,262.50
CHECK TOTAL $1,262.50
3376 8/25/2021 SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTS
SGV REGIONAL VMT MITIGATION FEE 100615 54400 $5,000.00
CHECK TOTAL $5,000.00
3377 8/25/2021 SC FUELS FLEET VEHICLE FUEL (08.02.21 - 08.11.21) 502130 52330 $46.90
8/25/2021 SC FUELS FLEET VEHICLE FUEL (08.02.21 - 08.11.21) 502620 52330 $91.03
8/25/2021 SC FUELS FLEET VEHICLE FUEL (08.02.21 - 08.11.21) 502430 52330 $172.54
8/25/2021 SC FUELS FLEET VEHICLE FUEL (08.02.21 - 08.11.21) 502630 52330 $432.25
8/25/2021 SC FUELS FLEET VEHICLE FUEL (08.02.21 - 08.11.21) 502655 52330 $641.08
CHECK TOTAL $1,383.80
3378 8/25/2021 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (RIGHT OF
WAY) JULY
100645 55528 $2,909.00
CHECK TOTAL $2,909.00
3.2.b
Packet Pg. 29
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3379 8/25/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 (06-28-21 - 07.27.21) 241641 52210 $149.75
8/25/2021 SOUTHERN CALIFORNIA EDISON 652 S. BREA CANYON ROAD (07.22.21 -
08.19.21)
238638 52210 $14.97
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22000 PATHFINDER
& VARIOUS
100655 52210 $2,772.20
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CTR
DR. LS-2
100655 52210 $73.94
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER LS-2 100655 52210 $202.46
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN
SPRINGS LS-2
100655 52210 $73.94
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010
WASHINGTON ST TC-1
100655 52210 $77.43
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN
SPRINGS TC-1
100655 52210 $111.24
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
TC-1
100655 52210 $110.89
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN
SPRINGS PED TC-1
100655 52210 $2.47
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CANYON
LS-2
100655 52210 $55.46
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB LS-2 100655 52210 $110.90
8/25/2021 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED 100655 52210 $98.94
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CANYON B
PED LS-3
100655 52210 $117.92
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $73.94
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566
GOLDEN SPRINGS LS-2
100655 52210 $165.84
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA
CANYON
100655 52210 $67.54
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE
& VARIOUS TC-1
100655 52210 $389.60
8/25/2021 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S BREA CANYON 100655 52210 $100.62
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON
TC1
100655 52210 $117.58
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON &
VARIOUS TC-1
100655 52210 $298.43
3.2.b
Packet Pg. 30
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8/25/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE
TC1
100655 52210 $165.55
8/25/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE LS-2 100655 52210 $105.47
CHECK TOTAL $5,457.08
3380 8/25/2021 SPECTRUM BUSINESS INTERNET SERVICE/HERITAGE PARK 100230 54030 $269.02
8/25/2021 SPECTRUM BUSINESS INTERNET SERVICE - HERITAGE PARK -
AUG 2021
100230 54030 $540.02
CHECK TOTAL $809.04
3381 8/25/2021 STAY GREEN INC LANDSCAPE MAINTENANCE (ADDL'
AUG)
100620 52320 $372.00
CHECK TOTAL $372.00
3382 8/25/2021 TASC FSA - ADMIN FEES 100220 52515 $138.12
CHECK TOTAL $138.12
3383 8/25/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JULY CAR
WASHES)
502130 52312 $19.99
8/25/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JULY CAR
WASHES)
502655 52312 $19.99
8/25/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JULY CAR
WASHES)
502630 52312 $83.96
8/25/2021 TEMCAL DEVELOPMENT CORP VEHICLE MAINTENANCE (JULY CAR
WASHES)
502620 52312 $143.93
CHECK TOTAL $267.87
3384 8/25/2021 THE GAS COMPANY DBC (07.15.21 - 08.13.21) 100510 52215 $42.04
8/25/2021 THE GAS COMPANY HERITAGE COMM CENTER (07.14.21 -
08.12.21)
100630 52215 $34.33
CHECK TOTAL $76.37
3385 8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-DCA WIRELESS ORD-CC MTG
8/3/21
100410 52160 $800.00
8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-DCA WIRELESS ORD-PC MTG
7/13/21
100410 52160 $770.00
8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-2335 DIA BAR BLVD-
TMP83371-CC MTG 8/17/21
100 22107 $605.00
8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-2751 DIA BAR BL-CUP
AMEND-PC MTG 8/24/21
100 22107 $612.50
8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD - NOTICE TO BIDDERS - DBB
REHAB PROJ
100610 52160 $551.00
3.2.b
Packet Pg. 31
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
8/25/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD - LLAD #41 INTENT TO
DISSOLVE
241641 52160 $1,775.00
CHECK TOTAL $5,113.50
3386 8/25/2021 THE WINDMILL PHOTO CONTEST AD JULY/AUG 2021 100240 52160 $800.00
CHECK TOTAL $800.00
3387 8/25/2021 TRIFYTT SPORTS LLC CONTRACT CLASS INSTRUCTOR - YOUTH
SPORTS
100520 55320 $8,305.20
CHECK TOTAL $8,305.20
3388 8/25/2021 UNDERGROUND SERVICE ALERT
OF SO CA
DIGALERT - MONTHLY SERVICE - JUNE
2021
100615 54410 $179.95
CHECK TOTAL $179.95
3389 8/25/2021 VIDIFLO LLC PROJECT MANAGER-WINDMILL
PROJECT
100240 55000 $1,950.00
CHECK TOTAL $1,950.00
3390 8/25/2021 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA 100520 55320 $411.60
CHECK TOTAL $411.60
3391 8/25/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $381.20
8/25/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $62.48
8/25/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) 100630 51200 $243.75
CHECK TOTAL $687.43
3392 8/25/2021 WILSON FIALLOS INSTRUCTOR PAYMENT, SUMMER 2021 100520 55320 $576.00
CHECK TOTAL $576.00
3393 9/1/2021 US BANK P-CARD STATEMENT - AUGUST 2021 999 28100 $10,877.37
CHECK TOTAL $10,877.37
3394 9/1/2021 WALNUT VALLEY WATER DISTRICT RECYCLED (JULY) 238638 52220 $1,918.31
9/1/2021 WALNUT VALLEY WATER DISTRICT PARKS PT. 2 (JULY) 100630 52220 $5,426.31
9/1/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 PT. 2 (JULY) 241641 52220 $4,798.98
CHECK TOTAL $12,143.60
3395 9/1/2021 CIVICPLUS LLC AI CHATBOT FOR WEBSITE 100240 54900 $1,812.67
CHECK TOTAL $1,812.67
3396 9/1/2021 DIAMOND BAR MOBIL VEHICLE MAINTENANCE (LIC #1363853) 502655 52312 $59.95
3.2.b
Packet Pg. 32
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/1/2021 DIAMOND BAR MOBIL VEHICLE MAINTENANCE (LIC #1338159) 502620 52312 $59.95
CHECK TOTAL $119.90
3397 9/1/2021 EIDE BAILLY LLP ACCOUNTING SERVICES IN JULY 2021 100130 54900 $7,917.52
CHECK TOTAL $7,917.52
3398 9/1/2021 ELITE SOFTWARE & GRAPHICS
LLC
DBRW SITE HOSTING 100150 54900 $600.00
CHECK TOTAL $600.00
3399 9/1/2021 FEDERAL EXPRESS
CORPORATION
EXPRESS MAIL-GENERAL 100130 52170 $36.69
CHECK TOTAL $36.69
3400 9/1/2021 GATEWAY CORP CENTER ASSOC ASSOCIATION DUE FOR SEPT. 2021 100620 52400 $2,037.88
CHECK TOTAL $2,037.88
3401 9/1/2021 GLASDON INC ORGANIC LINERS WABA GRILL 250170 51200 $297.33
CHECK TOTAL $297.33
3402 9/1/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES
FOR SEPT 2021
100130 54900 $2,545.00
CHECK TOTAL $2,545.00
3403 9/1/2021 LOS ANGELES COUNTY PUBLIC
WORKS
SUMP PUMP MAINT @ SYCAMORE
CANYON PARK (JUN PT. 1)
100630 52320 $200.48
9/1/2021 LOS ANGELES COUNTY PUBLIC
WORKS
SUMP PUMP MAINT @ SYCAMORE
CANYON PARK (JUN PT. 2)
100630 52320 $856.00
CHECK TOTAL $1,056.48
3404 9/1/2021 LOWE'S BUSINESS ACCOUNT BUILDING MAINTENANCE (HERITAGE) 100630 52320 $346.06
CHECK TOTAL $346.06
3405 9/1/2021 MERCURY DISPOSAL SYSTEMS
INC
JULY HHW -ACE HARDWARE 250170 55000 $1,574.89
CHECK TOTAL $1,574.89
3406 9/1/2021 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY
PREPARD. IN SEPT
100350 52300 $78.75
CHECK TOTAL $78.75
3407 9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $64.84
9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $48.68
3.2.b
Packet Pg. 33
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $186.88
9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $18.60
9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $4.27
9/1/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - FINANCE 100210 51200 $64.87
CHECK TOTAL $388.14
3408 9/1/2021 ONE TIME PAY VENDOR DANIEL PATE EVENT CANCELATION 100 20202 $2,069.41
CHECK TOTAL $2,069.41
3409 9/1/2021 ONE TIME PAY VENDOR DAVE ARBOLEDA EVENT CANCELATION 100 20202 $1,640.00
CHECK TOTAL $1,640.00
3410 9/1/2021 ONE TIME PAY VENDOR TYRA EDUCATION
SERVICES LLC
EVENT CANCELATION 100 20202 $1,038.14
CHECK TOTAL $1,038.14
3411 9/1/2021 ONE TIME PAY VENDOR ANS BUILDERS CD REFUND 1171 FLINTLOCK 100 22105 $250.00
CHECK TOTAL $250.00
3412 9/1/2021 PACIFIC CREST YOUTH ARTS
ORGANIZATION
2021 GOLF TOURNAMENT - FIRST CHAIR
SPONSORSHIP
101110 52600 $1,000.00
CHECK TOTAL $1,000.00
3413 9/1/2021 PROTECTION ONE INC BURGLAR ALARM DBC (09.01.21 -
11.30.21)
100510 52320 $171.06
CHECK TOTAL $171.06
3414 9/1/2021 QUADIENT FINANCE USA INC POSTAGE 100140 52170 $5,010.00
CHECK TOTAL $5,010.00
3415 9/1/2021 SHEPPARD MULLIN RICHTER &
HAMPTON
PROFESSIONAL SERVICES-TRES
HERMANOS FOR 2021
100120 54022 $858.86
CHECK TOTAL $858.86
3416 9/1/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING ROAD
(07.15.21 - 08.12.21)
238638 52210 $14.61
9/1/2021 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD. (07.15.21 -
08.12.21)
238638 52210 $14.42
9/1/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON ROAD (07.15.21 -
08.12.21)
238638 52210 $14.61
9/1/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON ROAD (07.15.21 -
08.12.21)
238638 52210 $14.42
3.2.b
Packet Pg. 34
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/1/2021 SOUTHERN CALIFORNIA EDISON 1000 S. LEMON (07.14.21 - 08.11.21) 238638 52210 $14.97
9/1/2021 SOUTHERN CALIFORNIA EDISON 633 GRAND (07.12.21 - 08.09.21) 238638 52210 $14.42
9/1/2021 SOUTHERN CALIFORNIA EDISON 20980 E. CANYON RIDGE (07.13.21 -
08.10.21)
241641 52210 $14.42
9/1/2021 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (07.13.21 -
08.10.21)
100630 52210 $14.97
9/1/2021 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (07.13.21 -
08.10.21)
241641 52210 $14.42
CHECK TOTAL $131.26
3417 9/1/2021 THE COMDYN GROUP INC GIS SUPPORT - JUNE 2021 100230 54900 $476.58
CHECK TOTAL $476.58
3418 9/1/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) 100630 51200 $31.24
CHECK TOTAL $31.24
3419 9/1/2021 WILDLIFE CORRIDOR
CONSERVATION AUTH
2021-2022 ANNUAL CONTRIBUTION 100130 52400 $500.00
CHECK TOTAL $500.00
3420 9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
100220 50062 $139.04
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
239 21106 $216.18
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
106 21106 $230.22
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
238 21106 $347.07
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
201 21106 $389.48
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
206 21106 $785.67
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
250 21106 $843.20
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
207 21106 $1,116.07
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
105220 50048 $1,287.00
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
100 10000 $7,005.66
3.2.b
Packet Pg. 35
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/2/2021 PERS HEALTH HEALTH INSURANCE PREMIUM FOR
SEPTEMBER 2021
100 21106 $40,115.89
CHECK TOTAL $52,475.48
3421 9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
238 21118 $10.10
9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
239 21118 $10.10
9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
207 21118 $15.53
9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
250 21118 $29.28
9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
206 21118 $77.83
9/3/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE
09/03/2021
100 21118 $1,193.85
CHECK TOTAL $1,336.69
3422 9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
106 21109 $33.96
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
239 21109 $159.67
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
238 21109 $259.82
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
201 21109 $569.76
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
207 21109 $668.85
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
250 21109 $1,512.57
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
206 21109 $2,352.21
9/3/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 09/03/2021
100 21109 $45,251.09
CHECK TOTAL $50,807.93
3423 9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
106 21110 $48.30
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
239 21110 $121.52
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
238 21110 $186.74
3.2.b
Packet Pg. 36
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
201 21110 $338.76
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
207 21110 $724.51
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
250 21110 $913.95
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
206 21110 $1,056.65
9/3/2021 CALPERS PENSION CONTRIBUTION 08/14/2021-
08/27/2021
100 21110 $27,085.74
CHECK TOTAL $30,476.17
3424 9/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (AUGUST) 100630 55505 $2,450.00
9/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (AUGUST) 100510 55505 $5,400.00
9/14/2021 GUARANTEED JANITORIAL
SERVICE INC
JANITORIAL SERVICES (AUGUST) 100620 52320 $8,724.00
CHECK TOTAL $16,574.00
3425 9/14/2021 HUMANE SOCIETY OF POMONA
VALLEY INC
IVHS ANIMAL CONTROL SERVICES-JULY
2021
100340 55404 $33,880.00
CHECK TOTAL $33,880.00
3426 9/14/2021 KOA CORPORATION PS-ENGR/LRSP PREPARATION - APRIL
2021
100615 54410 $555.43
9/14/2021 KOA CORPORATION PS-ENGR/LRSP PREPARATION - APRIL
2021
255615 54400 $4,998.91
9/14/2021 KOA CORPORATION PS/ENGR. - LRSP PREPARATION - MAY
2021
100615 54410 $295.31
9/14/2021 KOA CORPORATION PS/ENGR. - LRSP PREPARATION - MAY
2021
255615 54400 $2,657.82
9/14/2021 KOA CORPORATION PS-ENGR/LRSP PREPARATION - JUNE
2021
100615 54410 $1,800.75
9/14/2021 KOA CORPORATION PS-ENGR/LRSP PREPARATION - JUNE
2021
255615 54400 $16,206.76
CHECK TOTAL $26,514.98
3427 9/14/2021 MCE CORPORATION ROAD MAINTENANCE (JULY) 201655 55530 $1,389.85
9/14/2021 MCE CORPORATION ROAD MAINTENANCE (JULY) 100655 55528 $9,932.64
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(JUL)
241641 55524 $4,922.61
3.2.b
Packet Pg. 37
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(JUL)
239639 55524 $12,173.54
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(JUL)
238638 55524 $14,806.30
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(AUG)
241641 55524 $4,922.61
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(AUG)
239639 55524 $12,173.54
9/14/2021 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41
(AUG)
238638 55524 $14,806.30
9/14/2021 MCE CORPORATION ROAD MAINTENANCE (AUGUST) 201655 55530 $1,183.81
9/14/2021 MCE CORPORATION ROAD MAINTENANCE (AUGUST) 100655 55528 $10,909.35
CHECK TOTAL $87,220.55
3428 9/14/2021 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT SERVICES (CITY
PARKS) AUGUST
100510 55505 $5,865.00
9/14/2021 PARKWOOD LANDSCAPE
MAINTENANCE INC
LANDSCAPE MAINT SERVICES (CITY
PARKS) AUGUST
100630 55505 $27,411.00
CHECK TOTAL $33,276.00
3429 9/14/2021 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON ROAD
(07.23.21 - 08.22.21)
100630 52210 $57.77
9/14/2021 SOUTHERN CALIFORNIA EDISON CITY HALL (07.15.21 - 08.12.21) 100620 52210 $16,090.26
9/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 (07.28.21 - 08.25.21) 241641 52210 $146.19
9/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 38 (07.28.21 - 08.25.21) 238638 52210 $317.62
9/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 39 (07.28.21 - 08.25.21) 239639 52210 $292.67
9/14/2021 SOUTHERN CALIFORNIA EDISON 20671 GOLD SP & 575 DBB (07.30.21 -
08.29.21)
238638 52210 $30.19
9/14/2021 SOUTHERN CALIFORNIA EDISON PARKS (07.28.21 - 08.25.21) 100630 52210 $2,788.95
CHECK TOTAL $19,723.65
3434 9/14/2021 VALLEY VISTA SERVICES , INC. STREET SWEEPING SERVICES (AUGUST) 100655 55510 $13,933.92
CHECK TOTAL $13,933.92
3435 9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 38) 07.01.21
- 07.15.21
238638 55522 $296.50
9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (07.01.21 -
07.15.21)
100645 55522 $21,635.13
3.2.b
Packet Pg. 38
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 38) 07.16.21
- 07.31.21
238638 55522 $118.60
9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (08.01.21 -
08.15.21)
100645 55522 $15,755.70
9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 38) 08.01.21
- 08.15.21
238638 55522 $979.10
9/14/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (GRID 39) 08.01.21
- 08.15.21
239639 55522 $434.25
CHECK TOTAL $39,219.28
3436 9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $214.20
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $214.20
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $238.00
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $309.40
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $357.00
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $499.80
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $642.60
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $761.60
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $809.20
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $833.00
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100 22107 $904.40
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $1,856.40
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $1,904.00
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $2,522.80
9/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - JULY 2021 100120 54020 $2,577.13
CHECK TOTAL $14,643.73
3437 9/14/2021 AFLAC SUPP INSURANCE PREMIUM AUGUST
2021
201 21117 $6.02
9/14/2021 AFLAC SUPP INSURANCE PREMIUM AUGUST
2021
250 21117 $47.74
9/14/2021 AFLAC SUPP INSURANCE PREMIUM AUGUST
2021
207 21117 $60.80
3.2.b
Packet Pg. 39
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 AFLAC SUPP INSURANCE PREMIUM AUGUST
2021
206 21117 $279.78
9/14/2021 AFLAC SUPP INSURANCE PREMIUM AUGUST
2021
100 21117 $1,858.78
CHECK TOTAL $2,253.12
3438 9/14/2021 AIRGAS INC HELIUM 100630 51200 $8.00
9/14/2021 AIRGAS INC HELIUM 100520 51200 $93.00
CHECK TOTAL $101.00
3439 9/14/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (JULY) 100630 52320 $70.00
9/14/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (JULY) 100510 52320 $105.00
9/14/2021 ANIMAL PEST MANAGEMENT
SERVICES INC
COMPREHENSIVE PEST CONTROL (JULY) 100620 52320 $120.00
CHECK TOTAL $295.00
3440 9/14/2021 ROBYN A BECKWITH PLANT MAINTENANCE (DBC) 100510 55300 $200.00
9/14/2021 ROBYN A BECKWITH PLANT MAINTENANCE IN AUG 2021 100620 52320 $432.00
CHECK TOTAL $632.00
3441 9/14/2021 BEGINNERS EDGE SPORTS
TRAINING LLC
CONTRACT CLASS INSTRUCTOR - YOUTH
SPORTS
100520 55320 $2,014.80
CHECK TOTAL $2,014.80
3442 9/14/2021 KATHY BREAUX INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $169.20
CHECK TOTAL $169.20
3443 9/14/2021 BULLSEYE TELECOM INC CITY-WIDE ANALOG PHONE LINES - SEPT
2021
100230 52200 $1,711.28
CHECK TOTAL $1,711.28
3444 9/14/2021 CAL POLY POMONA
FOUNDATION INC
HHW ADVERTISING 250170 52160 $850.00
CHECK TOTAL $850.00
3445 9/14/2021 CALIFORNIA SOCIETY OF
MUNICIPAL FINANCE OFFICES
FY 21-22 CSMFO BUDGET AWARD
SUBMISSION
100210 54900 $150.00
CHECK TOTAL $150.00
3446 9/14/2021 CDW GOVERNMENT LOGITECH PRO HD WEBCAM (2) 100230 51200 $146.74
CHECK TOTAL $146.74
3.2.b
Packet Pg. 40
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3447 9/14/2021 CHEM PRO LABORATORY INC QRTLY' WATER TREATMENT (DBC) 100510 52320 $155.00
CHECK TOTAL $155.00
3448 9/14/2021 CLEAR CHANNEL OUTDOOR
HOLDINGS, INC
OVERPAYMENT REFUND - Q3 100 48990 $2,000.00
CHECK TOTAL $2,000.00
3449 9/14/2021 CODING MINDS INC INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $63.00
CHECK TOTAL $63.00
3450 9/14/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE (PARKS &
FACILITIES)
502630 52312 $1,413.22
CHECK TOTAL $1,413.22
3451 9/14/2021 CONSTRUCTION HARDWARE
COMPANY
MAINTENANCE OF GROUNDS (PARKS) 100630 52320 $42.72
CHECK TOTAL $42.72
3452 9/14/2021 DELTA DENTAL HMO DENTAL PREMIUM FOR SEPTEMBER
2021
250 21105 $1.03
9/14/2021 DELTA DENTAL HMO DENTAL PREMIUM FOR SEPTEMBER
2021
206 21105 $1.99
9/14/2021 DELTA DENTAL HMO DENTAL PREMIUM FOR SEPTEMBER
2021
207 21105 $1.99
9/14/2021 DELTA DENTAL HMO DENTAL PREMIUM FOR SEPTEMBER
2021
106 21105 $6.87
9/14/2021 DELTA DENTAL HMO DENTAL PREMIUM FOR SEPTEMBER
2021
100 21105 $228.38
CHECK TOTAL $240.26
3453 9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
239 21105 $22.08
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
238 21105 $38.37
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
201 21105 $53.57
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
207 21105 $136.51
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
250 21105 $141.84
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
206 21105 $206.03
3.2.b
Packet Pg. 41
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 DELTA DENTAL INSURANCE
COMPANY
PPO DENTAL INSURANCE PREMIUM FOR
SEPTEMBER 2021
100 21105 $4,123.44
CHECK TOTAL $4,721.84
3454 9/14/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $96.00
CHECK TOTAL $96.00
3455 9/14/2021 DEPT OF TRANSPORTATION TS SHARED LIGHTING - JAN - MAR 2021 100655 55536 $1,738.06
9/14/2021 DEPT OF TRANSPORTATION TS MAINTENANCE/SHARED APRIL-JUNE
2021
100655 55536 $2,273.28
CHECK TOTAL $4,011.34
3456 9/14/2021 DOTY BROS. EQUIPMENT
COMPANY
ROAD MAINTENANCE (BREA CANYON
ROAD/GERNDAL)
100655 55528 $4,285.00
CHECK TOTAL $4,285.00
3457 9/14/2021 DS SERVICES OF AMERICA INC BOTTLED WATER (AUG & SEP) 100630 51200 $271.77
CHECK TOTAL $271.77
3458 9/14/2021 ECOFERT INC FERTILIZER INJECTION SYSTEM (AUG) 100630 52320 $1,150.00
CHECK TOTAL $1,150.00
3459 9/14/2021 EIDE BAILLY LLP ACCOUNTING SERVICES IN AUGUST
2021
100130 54900 $7,823.28
CHECK TOTAL $7,823.28
3460 9/14/2021 EWING IRRIGATION PRODUCTS
INC
PARKS & FACILITIES MAINTENANCE 100630 52320 $357.47
CHECK TOTAL $357.47
3461 9/14/2021 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILLS - INTERNET SERVICE 100230 54030 $365.10
9/14/2021 FRONTIER COMMUNICATIONS
CORP
SUMMARY BILL - INTERNET SERVICE/DBC 100230 54030 $775.00
CHECK TOTAL $1,140.10
3462 9/14/2021 GOVERNMENT TAX SEMINARS
LLC
GOVERNMENT TAX WEBINAR - FINANCE
DIR
100210 52500 $410.00
CHECK TOTAL $410.00
3463 9/14/2021 HARDY & HARPER INC ROAD MAINTENANCE SERVICES
(EMERGENCY WORK)
100655 55512 $1,769.52
CHECK TOTAL $1,769.52
3.2.b
Packet Pg. 42
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3464 9/14/2021 HARRY H JOH CONSTRUCTION
INC
WASHINGTON PARK PIP REPLACEMENT
(RETENTION 3)
100 29004 $1,994.70
CHECK TOTAL $1,994.70
3465 9/14/2021 HOME DEPOT CREDIT SERVICES PARKS MAINTENANCE SUPPLIES
(PETERSON)
100630 52320 $25.62
CHECK TOTAL $25.62
3466 9/14/2021 JIVE COMMUNICATIONS INC CITYWIDE PHONE SYSTEM - SEPT 2021 100230 52314 $2,464.06
CHECK TOTAL $2,464.06
3467 9/14/2021 JOBS AVAILABLE JOB ADVERTISEMENT 100220 52160 $273.00
CHECK TOTAL $273.00
3468 9/14/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - JULY 2021 100230 52314 $50.00
CHECK TOTAL $50.00
3469 9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 106 21114 $0.40
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 239 21114 $0.48
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 238 21114 $0.72
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 201 21114 $1.43
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 207 21114 $2.67
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 250 21114 $3.73
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 206 21114 $4.77
9/14/2021 MANAGED HEALTH NETWORK EAP FOR SEPTEMBER 2021 100 21114 $132.20
CHECK TOTAL $146.40
3470 9/14/2021 METROLINK METROLINK PASSES - AUGUST 2021 206650 55610 $1,003.80
9/14/2021 METROLINK METROLINK PASSES - AUGUST 2021 206650 55620 $4,015.20
CHECK TOTAL $5,019.00
3471 9/14/2021 MICHAEL BAKER INTERNATIONAL
INC
CANYON LOOP TRAIL AUGUST 2021 301630 56104 $450.00
CHECK TOTAL $450.00
3472 9/14/2021 MV CHENG & ASSOCIATES INC TEMP ACCOUNTING STAFF - FINANCE
AUGUST 2021
100210 54900 $6,272.50
9/14/2021 MV CHENG & ASSOCIATES INC TEMP ACCOUNTING STAFF - FINANCE
JULY 2021
100210 54900 $2,795.00
3.2.b
Packet Pg. 43
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $9,067.50
3473 9/14/2021 NCC GROUP SOFTWARE
RESILIENCE NA LLC
SOFTWARE RESILIENCE COVERAGE -
9/29/21 - 9/28/22
100230 52314 $950.00
CHECK TOTAL $950.00
3474 9/14/2021 NORTH AMERICAN YOUTH
ACTIVITIES LLC
CONTRACT CLASS INSTRUCTOR YOUTH
SOCCER
100520 55320 $120.00
CHECK TOTAL $120.00
3475 9/14/2021 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $548.50
CHECK TOTAL $548.50
3476 9/14/2021 OFFICE SOLUTIONS PARKS & FACILITIES OFFICE SUPPLIES 100630 51200 $27.62
9/14/2021 OFFICE SOLUTIONS PARKS & FACILITIES OFFICE SUPPLIES 100630 51200 $3.03
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $65.51
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $247.47
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $27.02
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $59.57
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES-CITY MANAGER 100140 51200 $8.85
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $5.44
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $294.90
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $215.73
9/14/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - CITY MANAGER 100140 51200 $17.63
CHECK TOTAL $972.77
3477 9/14/2021 ONE TIME PAY VENDOR AAUW OF DIAMOND
BAR/WALNUT
CLEANING REQUIREMENTS MET, FULL
REFUND OF DEPOSIT
100 20202 $100.00
CHECK TOTAL $100.00
3478 9/14/2021 ONE TIME PAY VENDOR ANTHONY THWEATT 50% CANC FEE REFUND, EVENT CANC
DUE COVID,
100 20202 $153.87
CHECK TOTAL $153.87
3479 9/14/2021 ONE TIME PAY VENDOR SOCCER AYSO REFUND OF DEPOSIT, EVENT CANC. LESS
THAN 7 DAYS
100 20202 $100.00
CHECK TOTAL $100.00
3480 9/14/2021 OTIS ELEVATOR COMPANY WHEELCHAIR LIFT SVCS (DBC) 100510 52320 $777.00
3.2.b
Packet Pg. 44
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $777.00
3481 9/14/2021 OTIS ELEVATOR COMPANY ELEVATOR LIFT SERVICES (CITY HALL) 100620 52320 $5,842.80
CHECK TOTAL $5,842.80
3482 9/14/2021 PRO1PRINT, LLC DBRW21 POSTERS AND POSTCARD 100150 54900 $413.44
CHECK TOTAL $413.44
3483 9/14/2021 PROTECTION ONE INC QRTLY' BURGLARY MONITORING
(HERITAGE)
100630 52320 $184.57
CHECK TOTAL $184.57
3484 9/14/2021 PROTECTION ONE INC BURGLAR ALARM SERVICES (CITY HALL) 100620 52320 $35.13
CHECK TOTAL $35.13
3485 9/14/2021 PYRO COMM SYSTEMS INC FIRE ALARM TESTING (DBC) 09.01.21 -
02.28.22
100510 52310 $585.00
CHECK TOTAL $585.00
3486 9/14/2021 REINBERGER CORPORATION BUSINESS CARDS FOR BUILDING &
SAFETY
100140 52110 $86.51
CHECK TOTAL $86.51
3487 9/14/2021 GREGORY C REUEL ANNUAL UPDATE LEASE LISTINGS 100150 54900 $1,500.00
CHECK TOTAL $1,500.00
3488 9/14/2021 ROTO-ROOTER SERVICES
COMPANY
BUILDING MAINTENANCE (DBC) 100510 52320 $743.26
CHECK TOTAL $743.26
3489 9/14/2021 SAN GABRIEL VALLEY CITY
MANAGER'S ASSOCIATION
ANNUAL MEMBERSHIP FROM JUL 1, 2021
- JUN 30, 2022
100130 52400 $55.00
CHECK TOTAL $55.00
3490 9/14/2021 SC FUELS FLEET VEHICLE FUEL (08.31.21) 502130 52330 $48.38
9/14/2021 SC FUELS FLEET VEHICLE FUEL (08.31.21) 502620 52330 $76.01
9/14/2021 SC FUELS FLEET VEHICLE FUEL (08.31.21) 502430 52330 $159.46
9/14/2021 SC FUELS FLEET VEHICLE FUEL (08.31.21) 502655 52330 $873.92
9/14/2021 SC FUELS FLEET VEHICLE FUEL (08.31.21) 502630 52330 $985.39
CHECK TOTAL $2,143.16
3491 9/14/2021 SIMPSON ADVERTISING INC GRAPHIC DESIGN SERVICES
NEWSGUIDESEPT2021
100240 54900 $3,695.00
3.2.b
Packet Pg. 45
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
CHECK TOTAL $3,695.00
3492 9/14/2021 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (RIGHT OF
WAY) AUG
100645 55528 $2,909.00
CHECK TOTAL $2,909.00
3493 9/14/2021 SOUTHERN CALIFORNIA
SHREDDING INC
PAPER SHREDDING EVENT 250170 55000 $1,200.00
9/14/2021 SOUTHERN CALIFORNIA
SHREDDING INC
PAPER SHREDDING EVENT 250170 55000 $600.00
CHECK TOTAL $1,800.00
3494 9/14/2021 SPECTRUM BUSINESS CITY HALL - FIBER INTERNET 100230 54030 $5,137.81
CHECK TOTAL $5,137.81
3495 9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
106 21107 $2.12
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
239 21107 $2.56
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
238 21107 $3.83
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
106 21113 $4.19
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
239 21113 $9.28
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
238 21113 $14.32
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
207 21107 $16.68
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
201 21107 $21.64
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
201 21113 $23.84
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
206 21107 $36.49
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
250 21107 $40.17
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
207 21113 $50.54
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
250 21113 $65.46
3.2.b
Packet Pg. 46
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
206 21113 $71.23
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
100 21107 $1,329.51
9/14/2021 STANDARD INSURANCE
COMPANY
LIFE/STD/LTD INSURANCE PREMIUM
SEPTEMBER 2021
100 21113 $2,017.18
CHECK TOTAL $3,709.04
3496 9/14/2021 STAY GREEN INC LANDSCAPE MAINTENANCE (AUGUST) 100620 52320 $1,053.00
CHECK TOTAL $1,053.00
3497 9/14/2021 SWANK MOTION PICTURES INC MOVIE LICENSING 7.28.21 100520 55300 $685.00
9/14/2021 SWANK MOTION PICTURES INC MOVIE LICENSING 8.4.21 100520 55300 $685.00
CHECK TOTAL $1,370.00
3498 9/14/2021 TASC FSA FEES 100220 52515 $250.00
CHECK TOTAL $250.00
3499 9/14/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (PANTERA PARK) 100630 52320 $779.00
CHECK TOTAL $779.00
3500 9/14/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (DBC) 100510 52320 $4,665.50
CHECK TOTAL $4,665.50
3501 9/14/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (CITY HALL) 100620 52320 $3,970.00
CHECK TOTAL $3,970.00
3502 9/14/2021 TRANE SERVICE GROUP INC HVAC MAINTENANCE (HERITAGE) 100630 52320 $2,386.75
CHECK TOTAL $2,386.75
3503 9/14/2021 UNITED SITE SERVICES OF
CALIFORNIA INC
ROAD MAINTENANCE SERVICES 100655 51250 $123.66
CHECK TOTAL $123.66
3504 9/14/2021 VERIZON WIRELESS WIRELESS CELL PHONE SERVICE -
PW/CD 7/17-8/16/21
100230 52200 $2,126.52
CHECK TOTAL $2,126.52
3505 9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
106 21108 $5.17
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
239 21108 $7.68
3.2.b
Packet Pg. 47
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
238 21108 $13.23
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
201 21108 $17.88
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
250 21108 $45.95
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
207 21108 $49.50
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
206 21108 $104.81
9/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM
SEPTEMBER 2021
100 21108 $1,626.62
CHECK TOTAL $1,870.84
3506 9/14/2021 WANSEO CHUNG INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $411.60
CHECK TOTAL $411.60
3507 9/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $654.17
CHECK TOTAL $654.17
3508 9/14/2021 ZOHO CORPORATION ANNUAL SUBSCRIPTION - MANAGE
ENGINE SERVICE DESK
100230 52314 $2,295.00
CHECK TOTAL $2,295.00
GRAND TOTAL $2,063,895.92
3.2.b
Packet Pg. 48
Agenda #: 3.3
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the May 2021 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
3.3
Packet Pg. 49
REVIEWED BY:
Attachments:
1. 3.3.a Treasurer's Report - May 2021
2. 3.3.b Investment Portfolio - May 2021
3.3
Packet Pg. 50
BEGINNING CASH BALANCE $49,480,560.82
CASH RECEIVED
Cash Receipts 5,708,827.57
Total Cash Received $5,708,827.57
$55,189,388.39
EXPENDITURES
Cash Disbursements (2,540,324.59)
Bank Fees, Interest Income, Adjustments (39,183.90)
Total Expenditures ($2,579,508.49)
CASH BALANCE AS OF: MAY 30, 2021 $52,609,879.90
TOTAL CASH BREAKDOWN
Active Funds
General Account $4,293,298.65
Payroll Account $49,335.31
Change Fund ‐ General Fund $2,000.00
Change Fund ‐ Prop A Fund $300.00
Petty Cash Account $500.00
Parking Account Minimum $250.00
Cash With Fiscal Agent $0.00
Cash With OPEB Trust $490,481.56
Amount Unamortized on Investments $20,038.91
Total Active Funds $4,856,204.43
Investment Funds:
Local Agency Investment Fund $33,869,714.38
Long Term Investments $13,883,961.09
Total Investment Funds $47,753,675.47
CASH BALANCE AS OF: MAY 30, 2021 $52,609,879.90
$0.00
Fiscal Year‐To‐Date Effective Rate of Return 1.13%
Fiscal Year‐To‐Date Interest Earnings $454,182.37
FY2020‐21 Budgeted Annual Interest Earnings $514,800.00
CITY OF DIAMOND BAR ‐ CITY TREASURER'S REPORT
CASH BALANCE AS OF MAY 30, 2021
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Federal Credit Union CD
13First Tech Fed Credit Union10215 248,000.00 248,000.00 06/14/20213.05006/14/2018 248,353.15 1,09633715LBL3 3.050
1,731GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 246,064.36 1,82639573LAV0 0.650
244Keesler Federal Credit Union10222 249,000.00 249,000.00 01/31/20223.05001/31/2019 254,055.70 1,09649254FAG1 3.050
525Mountain Amer Fed Cr Union10207 248,000.00 248,000.00 11/08/20222.30011/08/2017 255,901.53 1,82662384RAC0 2.300
204United Credit Union,10232 249,000.00 249,000.00 12/22/20212.00008/22/2019 251,775.35 853910160AH3 2.000
1,242,000.00 1,3391,256,150.091,242,000.001,242,000.00Subtotal and Average 543 2.211
Local Agency Investment Funds
1Local Agency Investment Fund10028 33,869,714.38 33,869,714.38 0.31533,912,723.94 1LAIF 0.315
33,869,714.38 133,912,723.9433,869,714.3830,385,843.41Subtotal and Average 1 0.315
Corporate Notes
253Apple Inc10186 250,000.00 249,603.89 02/09/20222.15002/09/2017 253,403.25 1,826037833AY6 2.395
552Chevron Corp., Corporate Bond10214 500,000.00 494,777.60 12/05/20222.35505/30/2018 513,425.00 1,650166764AB6 2.355
68Microsoft Corp10172 500,000.00 500,060.36 08/08/20211.55009/02/2016 500,702.50 1,801594918BP8 1.482
869Toyota MTR Credit Corp10223 500,000.00 491,712.25 10/18/20232.25002/28/2019 522,793.00 1,69389236TDK8 3.001
679Walmart Inc.10216 500,000.00 493,995.65 04/11/20232.55006/27/2018 519,429.50 1,749931142DH3 3.251
2,230,149.75 1,7352,309,753.252,250,000.002,471,672.69Subtotal and Average 508 2.505
Federal Agency Callable
275Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 496,443.50 1,8263133EMSH6 0.790
682Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 500,561.00 1,4613133EMVS8 0.690
84Federal Home Loan Bank10254 500,000.00 499,290.42 02/24/20260.62502/24/2021 495,815.50 1,8263130AL7M0 0.656
1,499,290.42 1,7041,492,820.001,500,000.001,499,284.57Subtotal and Average 347 0.712
Negotiable CD
499Alliance Credit Union, CD10206 247,000.00 247,000.00 10/13/20222.25010/13/2017 254,359.86 1,82601859BAA3 2.251
329American Express Bank10192 247,000.00 247,000.00 04/26/20222.40004/26/2017 252,292.96 1,82602587DQ84 2.401
336American Express Bank10195 247,000.00 247,000.00 05/03/20222.35005/03/2017 252,297.41 1,82602587CEM8 2.351
331Balboa Thrift & Loan10194 248,000.00 248,000.00 04/28/20222.00004/28/2017 252,401.50 1,82605765LAL1 2.000
406Barclays Bank10204 247,000.00 247,000.00 07/12/20222.20007/12/2017 252,869.96 1,82606740KKD8 2.201
1,738BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 245,919.03 1,826066519QK8 0.000
261BMW Bank10188 248,000.00 248,000.00 02/17/20222.15002/17/2017 251,790.68 1,82605580AGE8 2.151
343Capital One Bank10196 247,000.00 247,000.00 05/10/20222.30005/10/2017 252,280.86 1,82614042RFL0 2.301
692CIT Bank10213 248,000.00 248,000.00 04/24/20233.00004/24/2018 261,689.35 1,82617312QJ67 3.002
Portfolio POOL
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Par Value Book Value
Maturity
Date
Stated
RateMarket Value
May 31, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
Negotiable CD
364Comenity Capital Bank10198 248,000.00 248,000.00 05/31/20222.35005/31/2017 253,668.29 1,82620033AUB0.2.350
203Discover Bank10182 248,000.00 248,000.00 12/21/20212.15012/21/2016 250,961.12 1,826254672X37 2.151
1,163EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 261,884.96 1,82729278TKJ8 2.152
441Everbank/Jacksonville FL10205 247,000.00 247,000.00 08/16/20222.20008/16/2017 253,367.17 1,82687270LAJ2 2.201
385First Bank of Highland Park10202 247,000.00 247,000.00 06/21/20222.10006/21/2017 252,307.54 1,826319141GL5 2.101
589First Source Bank10248 242,000.00 242,000.00 01/11/20231.40003/11/2020 247,122.41 1,03633646CLX0 1.401
91HSBC Bank USA10171 248,000.00 248,000.00 08/31/20210.49008/31/2016 245,371.20 1,82640434YBK2 1.650
666Indust & Comm Bank China10212 248,000.00 248,000.00 03/29/20232.90003/29/2018 260,692.89 1,82645581EAS0 2.902
239State Bank of India10184 248,000.00 248,000.00 01/26/20222.35001/26/2017 251,799.61 1,8268562845Z3 2.351
1,092JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.00005/28/2020 253,746.41 1,82648128UDS5 1.001
373Medallion Bank10199 248,000.00 248,000.00 06/09/20222.15006/09/2017 253,294.30 1,82658403B6R2 2.150
23Mercantil Commerce Bank10160 248,000.00 248,000.00 06/24/20211.65006/24/2016 248,290.90 1,82658733ACY3.1.651
610Morgan Stanley Bank10209 246,000.00 246,000.00 02/01/20232.65002/01/2018 256,511.33 1,82661747MH95 2.651
1,066Morgan Stanley Bank10226 246,000.00 246,000.00 05/02/20242.75005/02/2019 264,173.25 1,82761760AZR3 2.753
1,744Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 247,362.58 1,82670320KAX9 0.000
1,179Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 260,856.70 1,82775472RAE1 2.002
294Sallie Mae Bank10190 247,000.00 247,000.00 03/22/20222.35003/22/2017 251,678.67 1,826795450ZW8 2.351
247Synchrony Bank10185 248,000.00 248,000.00 02/03/20222.25002/03/2017 251,756.95 1,82687164XPG5 2.251
6,677,000.00 1,7976,840,747.896,677,000.006,717,000.00Subtotal and Average 582 2.027
Municipal Bonds
1,096CALIF STATE HLTH FACS AUTH10252 200,000.00 200,000.00 06/01/20240.75211/04/2020 201,382.60 1,30513032UXL7 0.752
1,461CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 251,516.00 1,67013032UXM5 0.952
153California St Univ Rev-Bond10218 150,000.00 150,000.00 11/01/20212.98208/02/2018 151,747.35 1,18713077DFC1 2.979
1,249California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 100,196.50 1,50613077DMK5 0.685
304California State HSG Fin AGY10193 250,000.00 250,000.00 04/01/20222.36704/27/2017 254,690.00 1,80013063DAD0 2.367
122Lincoln Calif Pub Fing Auth10177 525,000.00 525,380.93 10/01/20212.23011/08/2016 528,011.93 1,788533018CZ8 2.001
61Rancho Calif Wtr Dist Fin Auth10176 500,000.00 500,139.99 08/01/20211.67510/18/2016 501,238.00 1,748752111JW5 1.500
0Riverside CA Pension OBLG10201 260,000.00 260,000.00 06/01/20212.12506/01/2017 260,000.00 1,461769036BA1 2.126
2,235,520.92 1,6332,248,782.382,235,000.002,544,847.49Subtotal and Average 404 1.722
Wells Fargo Sweep Account
1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010
0.00 00.000.000.00Subtotal and Average 0 0.000
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Par Value Book Value
Stated
RateMarket Value
May 31, 2021
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
City of Diamond Bar
YTM/C
TermCUSIPInvestment #
Purchase
Date
49844,860,648.16 47,773,714.38 150 0.78448,060,977.55 47,753,675.47Total and Average
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Agenda #: 3.4
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 02 (2021) - AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE
TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES),
AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION
ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA
FACILITIES), SECTION 22.44.020 (AUTHORITY FOR LAND USE AND
ZONING DECISIONS), SECTION 22.74.030 (APPEALS OF
DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING
OF APPEALS), TO ENACT REGULATIONS GOVERNING THE
DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL
WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE
AND FEDERAL LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve for second reading by title only, waive full reading, and adopt Ordinance No. 02
(2021) (Small Wireless Facility Ordinance).
FINANCIAL IMPACT:
None.
BACKGROUND:
On August 3, 2021, the City Council conducted a public hearing and approved for first
reading Ordinance No. 02 (2021), amending Title 22 of the Municipal Code to enact
regulations pertaining to small wireless facilities within the public rights-of-way.
Subsequent to its introduction, the City Attorney determined that the ordinance’s
definition of “public right-of-way” was overly broad, and might be interpreted to allow for
3.4
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the placement of small wireless facilities in publicly owned areas not otherwise
considered to be part of the right-of-way network, such as parks and public buildings,
and thus take away the City’s discretion to deny such requests, or collect revenue for
such placements.
At the August 17, 2021 meeting, the City Council reintroduced the ordinance for first
reading, with the definition for “public right-of-way” revised to read as follows:
Public Right-of-Way or Right-of-Way means any public street, public way,
public alley, that is dedicated for street purposes.
A copy of the August 17, 2021 staff report is included in Attachment 2 for reference.
The City Council approved the first reading, as modified, by a 5-0 vote.
Ordinance 02 (2021) (Attachment 1) is now being presented for second reading by title
only and adoption. If approved, the ordinance will become effective on October 21,
2021.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.4.a Ordinance No. 02 (2021) - Small Wireless Facilities
2. 3.4.b City Council Staff Report Dated August 17, 2021
3.4
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1594367.1
ORDINANCE NO. 02 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL
WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO
AND TELEVISION ANTENNAS AND WIRELESS
TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22.44.020
(AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION
22.74.030 (APPEALS OF DECISIONS), AND SECTION 22.74.040
(FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS
GOVERNING THE DEPLOYMENT, AUGMENTATION, AND
RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment,” which established new limitations on local standards for the siting of, and
the processing of applications for, small wireless facilities by all local jurisdictions; and,
WHEREAS, the Order provides that all local jurisdictions must comply with various
restrictions on their exercise of aesthetic, zoning, public works, and fee authority when
considering applications for the installation of small wireless facilities; and,
WHEREAS, the Order is intended to facilitate the spread, growth, and
accumulation of small wireless facilities over a short period of time to ensure deployment
of 5G technology. The Order reduces the “shot clock” period allowable for cities to review,
comment upon, consider, and make a final determination on small wireless facility
applications for as many as 90 days for new facilities and as many as 60 days for
collocated and modified facilities; and,
WHEREAS, small wireless facilities are primarily installed within public rights-of-
way and as such create significant concerns regarding traffic and pedestrian safety,
aesthetics, protection and preservation of public property, and the health, safety, and
welfare of the general public; and,
WHEREAS, installation of small wireless facilities within the public right-of-way can
pose a threat to the public health, safety and welfare, including: disturbance to the right -
of-way through the installation and maintenance of wireless facilities; traffic and
pedestrian safety hazards due to the unsafe location of wireless facilities; land use
conflicts and incompatibilities, including excessive height of poles and towers; creation of
visual and aesthetic blights and potential safety concerns arising from excessi ve size,
heights, noise or lack of camouflaging of wireless facilities , including the associated
pedestals, meters, equipment and power generators; and the creation of unnecessary
visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on
3.4.a
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Ordinance No. 02 (2021)
2
co-location opportunities, which may negatively impact the unique quality and character
of the City; and,
WHEREAS, the City currently regulates all wireless telecommunications antenna
facilities within specified land use zones of the City as provided in Section 22.42.130
(Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of
the Diamond Bar Municipal Code, which does not specifically address the deployment of
small wireless facilities; and,
WHEREAS, the Federal Telecommunications Act of 1996 preempts and declares
invalid all state rules that restrict entry or limit competition in both local and long-distance
telephone service; and,
WHEREAS, the California Public Utilities Commission (“CPUC”) is primarily
responsible for the implementation of local telephone competition and the CPUC issues
certificates of public convenience and necessity to new entrants that are qualified to
provide competitive local telephone exchange services and related telecommunications
service, whether using their own facilities or the facilities or services provided by other
authorized telephone corporations; and,
WHEREAS, Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within this state;” and,
WHEREAS, Section 616 of the California Public Utilities Code provides that a
telephone corporation "may condemn any property necessary for the construction and
maintenance of its telephone line;” and,
WHEREAS, many wireless service providers are eligible to utilize the public righ t-
of-way pursuant to a Certificate of Public Convenience and Necessity, as issued by the
California Public Utilities Commission; and,
WHEREAS, Section 2902 of the California Public Utilities Code authorizes
municipal corporations to retain their powers of control to supervise and regulate the
relationships between a public utility and the general public in matters affecting the health,
convenience, and safety of the general public, including matters such as the use and
repair of public streets by any public utility and the location of the poles, wires, mains, or
conduits of any public utility on, under, or above any public streets. The primary and
highest purpose of public streets, rights-of-way, roads, and highways is the safe and
efficient accommodation of the traveling public, including without limitation motor vehicles,
automobiles, trucks, buses and other modes of public transportation, bicycles,
pedestrians, and emergency and first responder vehicles. Street signs, street lights, and
drainage systems also provide services and enhancements that protect and serve the
traveling public. The City Council finds that all other uses of the public right-of-way are
ancillary and secondary to the primary purpose and use of the public right -of-way and will
only be allowed to the extent such secondary uses do not impede the traveling public or
3.4.a
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Ordinance No. 02 (2021)
3
compromise the safety of the members of the public and the residents and businesses of
the City; and,
WHEREAS, Section 7901 of the California Public Utilities Code authorizes
telephone/telegraph corporations to construct telephone/telegraph lines upon any public
road or highway, along or across any of the waters or lands within this state, and to erect
poles, posts, piers, or abatements for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points as not to incommode
the public use of the road or highway or interrupt the navigation of the waters; and,
WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the right
of municipalities to exercise reasonable control as to the time, place, and manner in which
roadways, highways, and waterways are accessed, which control must be applied to all
entities in an equivalent manner; and,
WHEREAS, Section 50030 of the California Government Code states that permit
fees imposed by a city for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to
provide telecommunications services cannot exceed the reasonable costs of providing
service for which the fee is charged and cannot be levied for general revenue; and,
WHEREAS, state and federal law have changed substantially and the City is in
need of clear regulations for small wireless facility installations given the number of
anticipated applications and legal timelines upon which the City must act; and,
WHEREAS, the public right-of-way in the City is a uniquely valuable public
resource, closely linked with the City's scenic nature and rural character. The reasonably
regulated and orderly deployment of small wireless facilities in the public right -of-way is
desirable, and unregulated or disorderly deployment represents an ever-increasing threat
to the health, welfare, and safety of the community; and,
WHEREAS, the regulation of installations, including small wireless facilities, in the
public right-of-way is necessary to protect and preserve the aesthetics in the community,
as well as the values of properties within the City, and to ensure that such installations
are installed using the least intrusive means possible; and,
WHEREAS, the City Council recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent
with the current state of the law in ensuring that irreversible development activity does not
occur that would harm the public health, safety, or welfare; and,
WHEREAS, the City does not intend that this Ordinance prohibit or have the effect
of prohibiting the provision of telecommunications service; rather, this Ordinance includes
appropriate regulations to ensure that the deployment, augmentation, and relocation of
small wireless facilities in the City are conducted in such a manner as to lawfully balance
3.4.a
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Ordinance No. 02 (2021)
4
the legal rights of applicants under the Federal Telecommunications Act, the
rules/regulations promulgated thereunder, and the California Public Utilities Code, while
at the same time, protecting the health, safety, and welfare of the general public and land
use concerns described herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Subsection (b) of Section 22.42.130 (Radio and Television Antennas
and Wireless Telecommunications Antenna Facilities) of Chapter 22.42 (Standards for
Specific Land Uses) of Title 22 (Development Code) of the Diamond Bar Municipal Code
is hereby amended to read as follows (deletions shown in strikethrough; additions shown
in bold/underline):
“(b) Applicability. The standards of this section apply to all earth station
antennas, amateur radio station antennas, and wireless
telecommunications antenna facilities, except for small wireless facilities
governed by and subject to the provisions of Section 22.42.135, which
shall be exempt from and not governed by the provisions of this
section.
SECTION II. Section 22.42.135 (Small Wireless Facilities) of Chapter 22.42
(Standards for Specific Land Uses) of Title 2 2 (Development Code) is hereby added to
the Diamond Bar Municipal Code, which shall read as follows:
Section 22.42.135. – Small wireless facilities.
(a) Purpose. The purpose of this section is to:
(1) Provide a uniform and comprehensive set of regulations and standards for
the permitting, development, siting, deployment, design, operation, and
maintenance of small wireless facilities in the City.
(2) Establish clear local guidelines, standards, and time frames for the exercise
of local authority with respect to the regulation of small wireless facilities in
the City.
(3) Impose clear and reasonable requirements so that applications for small
wireless facilities will be processed in a consistent and timely manner. This
section imposes requirements that are necessary to protect public health,
safety, welfare, aesthetics, and provide for the orderly, managed, and
efficient deployment of small wireless facilities in accordance with state and
federal laws, rules, and regulations.
(4) Provide for the orderly, managed, and efficient deployment of small wireless
facilities in accordance with state and federal laws, rules, and regulations ,
3.4.a
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Ordinance No. 02 (2021)
5
and permit and manage reasonable access to public rights -of-way of the
City for telecommunications purposes on a competitively neutral basis.
(5) Enable the City to discharge its public trust responsibilities consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development through the encouragement of advanced
and competitive telecommunications services on the widest possible
equivalent basis to the businesses, institutions, and residents of the City
while continuing to fairly and responsibly protect the public health, safety,
and welfare.
(6) Promote and protect public health, safety, welfare, and the aesthetic quality
of the City consistent with the goals, objectives, and policies of the General
Plan.
(7) Conserve the limited physical capacity of public rights-of-way held in public
trust by the City.
(8) Assure that the City’s current and ongoing costs of granting and regulating
private access to and use of public rights -of-way are fully paid by the
persons seeking such access and causing such costs while securing fair
and reasonable compensation for the City and the residents of the City for
permitting private use of public rights -of-way, within the limits established
by the FCC.
(b) Interpretation. This section is not intended nor shall it be interpreted to:
(1) Prohibit or effectively prohibit any small wireless service provider's ability to
deploy small wireless facilities.
(2) Prohibit or effectively prohibit any entity's ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations for rights-of-way management.
(3) Unreasonably discriminate among providers of functio nally equivalent
services.
(4) Deny any request for authorization to place, construct, or modify small
wireless facilities on the basis of environmental effects of radio-frequency
emissions to the extent that the small wireless facilities comply with the
FCC's regulations concerning such emissions.
(5) Prohibit any co-location or modification that the City may not deny under
federal or state law.
3.4.a
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Ordinance No. 02 (2021)
6
(c) Definitions. For the purpose of this section, the following words and terms shall
have the meaning set forth herein unless the context clearly indicates or requires
a different meaning.
Accessory Equipment means any equipment, other than antenna equipment,
associated with the installation of a small wireless facility.
Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may
be amended or superseded, which defines that term as an apparatus designed for
the purpose of emitting radiofrequency radiation, to be operated or operating from
a fixed location, for the provision of personal wireless service and any commingled
information services.
Antenna Equipment means the same as defined by the FCC in 47 C.F.R. §
1.6002(c), as may be amended or superseded, which defines the term as
equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
Antenna Facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d),
as may be amended or superseded, which defines the term as an antenna and
associated antenna equipment.
Applicant means a person or entity that submits an application for a Small Wireless
Facility Permit under the provisions of this section and the agents, employees, and
contractors of such person or entity.
Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as
may be amended or superseded, which defines that term as mounting or installing
an antenna facility on a pre-existing structure, and/or modifying a structure for the
purpose of mounting or installing an antenna facility on that structure.
Decorative Pole means any pole that includes decorative or ornamental features,
design elements and/or finials intended to enhance the appearance of the pole or
the public rights-of-way in which the pole is located.
Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as
may be amended or superseded, which defines the term as placement,
construction, or modification of a personal wireless service facility.
Director means the Community Development Director for the City of Diamond Bar,
or his or her designee.
FCC means the Federal Communications Commission or its duly appointed
successor agency.
3.4.a
Packet Pg. 63
Ordinance No. 02 (2021)
7
Modification means any change to a small wireless facility that involves any of the
following: co-location, expansion, alteration, enlargement, intensification, or
augmentation, including, but not limited to, a change in size, shape, color, visual
design, or exterior material. Modification does not include repair, replacement, or
maintenance if those actions do not involve a change to the small wireless facility
involving any of the following: co-location, expansion, enlargement, intensification,
or augmentation.
New Pole means any pole erected or installed after the effective date of this
section. The term “New Pole” does not include a “Replacement Pole” as defined
in this section.
Pole means a single shaft of wood, steel, concrete, or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and
as required by provisions of this Code.
Public Right-of-Way or Right-of-Way means any public street, public way, public
alley, that is dedicated for street purposes.
Public Works Director means the Public Works Director of the City, or his or her
designee.
Replacement Pole means and shall only include a pole or structure that replaces
a pole in the exact same location in order to accommodate small wireless facilities.
Small wireless facility or facility means the same as defined by the FCC in 47
C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as
a facility that meets each of the following conditions:
(1) The facility is: (i) mounted on structures 50 feet o r less in height including
their antennas; or (ii) mounted on structures no more than 10 percent taller
than other adjacent structures; or (iii) does not extend existing structures on
which it is located to a height of more than 50 feet or by more than 10
percent, whichever is greater;
(2) Each antenna associated with any deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than 28 cubic feet in
volume;
(4) The facility does not require antenna structure registration under 47 C.F.R.
Part 17;
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(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation
in excess of the applicable safety standards specified in 47 C.F.R.
1.1307(b).
Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as
may be amended or superseded, which defines the term as a pole, tower, base
station, or other building, whether or not it has an existing antenna facility, that is
used or to be used for the provision of personal wireless service (whether on its
own or comingled with other types of services).
(d) Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to
the contrary, this section shall govern all applications for Small Wireless Facility
Permits in the City.
(e) Required approvals.
(1) A Small Wireless Facility Permit shall be required to locate or modify any
small wireless facility on a pole, new pole, replacement pole, or structure
located within the City, including without limitation on any public rights -of-
way, public property, or private property. No small wireless facility shall be
located or modified within the City without the issuance of an administrative
Small Wireless Facility Permit, as required by this section. The Director, in
consultation with the Public Works Director, shall have the authority to
approve, approve with conditions, or deny any application for the
deployment or modification of a small wireless facility.
(2) Each Applicant for a Small Wireless Facility Permit pursuant to this section
proposed for location in or on any public right -of-way within the City shall
also submit an application for an Encroachment Permit pursuant to the
provisions of Chapter 12.04 (Streets and Sidewalks) of this Code. The
application for an Encroachment Permit sh all be processed, reviewed, and
approved concurrently with the application for a Small Wireless Facility
Permit pursuant to the provisions of this section.
(3) An administrative approval granted under this section shall not confer any
exclusive right, privilege, license, or franchise to occupy or use the public
right-of-way of the City for delivery of telecommunication services of any
kind or for any other purposes.
(4) All required approvals under this section shall be processed in conformance
with the time periods established by applicable state and federal law, and
FCC regulations and orders.
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(5) Upon a showing by the Applicant that any requirement in this section would
prohibit or have the effect of prohibiting the provision of personal wireless
service through the wireless service provider's deployment of small
wireless facilities, the Director shall have the authority to modify or waive
such requirement.
(f) Application content. Each Applicant for a Small Wireless Facility Permit shall file a
written, signed, and verified application on such form as the Director may
prescribe, and shall provide the information, documents, and fees specified in this
subsection:
(1) Full name and contact information of the small wireless facility owner, small
wireless facility operator, agent (if any), and property owner, and related
letter(s) of authorization from the small wireless facility and/or property
owner.
(2) A full written description of the proposed small wireless facility, including its
purpose, specifications, and placement of backup generator (if applicable).
(3) A detailed site plan or photo simulation of the small wireless facility
containing the exact proposed location of the small wireless facility, and any
existing wireless facilities within a five hundred (500) foot radius of the
proposed location.
(4) Photographs of all proposed small wireless facility equipment and an
accurate visual impact analysis with photo simulations, including
reasonable line-of-sight locations from public streets, nearby vicinity, or
other adjacent viewpoints as may be required by the Director, in
consultation with the Public Works Director, and a map that shows the photo
location of each view angle.
(5) Building elevations and roof plan (for building- and/or rooftop-mounted
small wireless facilities) indicating exact location and dimensions of
equipment proposed. For all other small wireless facilities not mounted to a
building or rooftop, indicate surrounding grades, structures, and
landscaping from all sides.
(6) Proposed landscaping and/or nonvegetative screening plan for all aspects
of the small wireless facility.
(7) Written documentation demonstrating that the proposed location complies
with all applicable aesthetic and development standards set forth in this
section and that the proposed small wireless facility will be screened to the
greatest extent feasible in accordance with the design and developm ent
standards listed within this section.
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(8) If the application is for a small wireless facility that will be located within the
public right-of-way, the Applicant shall state the basis for its claimed right to
enter the right-of-way, and provide a copy of its certificate of public
convenience and necessity (CPCN), if a CPCN has been issued by the
California Public Utilities Commission.
(9) Evidence from the equipment manufacturer that the ambient noise emitted
from all proposed equipment will not, both individually and cumulatively,
exceed the applicable noise limits as found in Division 3 (Noise Control) of
Chapter 8.12 (Environmental Protection) of this Code.
(10) Evidence that demonstrates that the small wireless facility’s antennas do
not exceed three (3) cubic feet in volume per antenna, and all other
equipment (antenna equipment and accessory equipment) does not
collectively exceed twenty-eight (28) cubic feet in volume.
(11) An application and processing fee in an amount consistent with FCC
regulations as established by a resolution by the City Council for the
estimated cost of the City, including staff time, and all other costs of
whatever type or variety, incurred for the processing, review, commenting
upon, evaluation, and consideration of the small wireless facility application.
(12) A radio-frequency (RF) exposure compliance report prepared and certified
by an electrical engineer licensed by the State of California that certifies that
the proposed small wireless facility, as well as any collocated facilities, will
comply with applicable federal RF exposure standards and exposure limits.
(g) Design and development standards for small wireless facilities.
(1) Small wireless facilities shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, inconvenience to the
public's use of the public right-of-way, or create safety hazards to
pedestrians and motorists.
(2) Small wireless facilities shall not be located within any portion of the public
right-of-way interfering with access to fire hydrants, fire stations, water
valves, underground vaults, valve housing structures, utility lines or
facilities, or any other vital public health and safety facility.
(3) The Applicant shall use screening and camouflage design techniques in the
design and placement of small wireless facilities to ensure such facilities
are as visually inconspicuous as possible.
(4) Small wireless facilities shall be sited at least five hundred (500) feet away
from other small wireless facilities to avoid an over-concentration of such
facilities, to preserve community aesthetics, and to avoid the creation of
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potential hazards or inconvenience to the travelling public. Collocated small
wireless facilities on the same pole/structure are not required to meet this
minimum spacing standard with respect to one another.
(5) To preserve community aesthetics, all small wireless facilities, excluding
antennas and aboveground vents, shall be pole-mounted or placed
underground, flush to the finished grade, whenever there are no physical or
site constraints to make undergrounding infeasible, except as may be
determined by the Director, in consultation with the Public Works Director.
Infeasibility shall not be demonstrated by the mere cost to place the
equipment underground.
(6) If an Applicant proposes to replace a pole to accommodate the small
wireless facility, the replacement pole shall match the appearance of the
original pole, including height, width and silhouette to the extent feasible,
unless the Director, in consultation with the Public Works Director, finds that
another design accomplishes the objectives of this subsection.
(7) Small wireless facilities may incorporate reasonable and appropriate
security measures, such as fences, walls, and anti -climbing devices, to
prevent unauthorized access, theft, and vandalism. Security measures
must be designed to enhance concealment to the maximum extent feasible.
Security measures shall not include barbed wire, razor ribbon, electrified
fences or any similar security measures.
(8) Small wireless facilities shall not be installed on decorative poles, except as
may be determined by the Director, in consultation with the Public Works
Director.
(h) Installation and operation requirements for small wireless facilities.
(1) Small wireless facilities shall be operated in a manner so as to avoid any
significant adverse impacts caused by noise.
a. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 10:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any small wireless facility exceed
the applicable noise levels as established in Division 3 (Noise Control)
of Chapter 8.12 (Environmental Protection) of this Code.
(2) Small wireless facilities shall not bear any signs or advertising devices other
than certification, warning, or other signage required by law or permitted by
the City.
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(3) Small wireless facility equipment shall not be illuminated unless specifically
required by the Federal Aviation Administration, the FCC, or other
governmental agency.
(4) Only pole-mounted small wireless facilities shall be permitted in the public
right-of-way. All poles shall be designed to be the minimum functional
height and width required to support the proposed small wireless facility
installation and meet FCC requirements.
(5) Pole-mounted equipment shall be designed to occupy the least amount of
space in the public right-of-way that is technically feasible.
(6) If a small wireless facility is sited on the exterior of a pole, equipment shall
not be installed in such a manner that would preclude possible future co-
location by the same or other operators.
(7) Each antenna associated with any deployment shall be no more than three
(3) cubic feet in volume. All other equipment associated with the small
wireless facility, including associated antenna equipment and accessory
equipment, shall be no more than twenty-eight (28) cubic feet in volume.
(8) Small wireless facilities must be mounted on structures fifty (50) feet or less
in height including their antenna, or mounted on structures no more than
ten (10) percent taller than other adjacent structures, or which do not extend
existing structures on which the small wireless facility is located to a height
of more than fifty (50) feet or by more than ten (10) percent, whichever is
greater.
(9) Small wireless facilities shall be maintained in good working order and
condition and shall be fully operable at all times. Each small wireless facility
shall be clean and free of general dirt and grease; chipped, faded, peeling,
and cracked paint; rust and corrosion; cracks, dents, and discoloration;
missing, discolored, or damaged artificial foliage or other camouflage;
graffiti, bills, stickers, advertisements, litter and debris; and damaged
structural parts.
(i) Conditions of approval for small wireless facilities. In addition to compliance with
the requirements of Section 22.42.135, approval of small wireless facilities shall
be subject to each of the following conditions of approval:
(1) In the event the deployment of a small wireless facility, as approved
pursuant to this section, requires a Building Permit under the provisions of
this Code, all conditions and restrictions imposed on the Small Wireless
Facility Permit and Encroachment Permit approved pursuant to the
provisions of this section shall be incorporated in, and made a condition of
such Building Permit. All conditions shall be binding as to the Applicant and
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all successors in interest to permittee. The permittee shall construct, install,
and operate the small wireless facility in strict compliance with all approved
permits.
(2) The permittee shall submit and maintain current at all times basic c ontact
and site information on a form as may be provided by the Director, in
consultation with the Public Works Director. The permittee shall notify the
Director of any changes to the information submitted within seven (7) days
of any change, including change of the name or corporate legal status of
the owner or operator. This information shall include, but is not limited to,
the following:
a. Identity, including the name, address and 24 -hour local or toll-free
contact phone number of the permittee, the owner, the operator, and the
agent or person responsible for the maintenance of the small wireless
facility.
b. The corporate legal status of the owner of the small wireless facility,
including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different
than the permittee.
(3) The permittee shall not place any small wireless facility in a manner that will
deny access to, or otherwise interfere with, any public utility, easement, or
right-of-way located on the site. The permittee shall allow the City and utility
providers reasonable access to, and maintenance of, all utilities and existing
public improvements within or adjacent to the site, including, but not limited
to, pavement, trees, public utilities, lighting, and public signage.
(4) At all times, all required notices and signs shall be posted on the site as
required by the FCC and California Public Utilities Commission, and as
approved by the City. The location and dimensions of a sign bearing the
emergency contact name and telephone number shall be posted pursuant
to the approved plans.
(5) At all times, the permittee shall ensure that the small wireless facility
complies with the most current regulatory and operational stand ards,
including, but not limited to, radio-frequency emissions standards, adopted
by the FCC and antenna height standards adopted by the Federal Aviation
Administration.
(6) The permittee shall assume full liability for damage or injury caused to any
property or person by the small wireless facility.
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(7) The permittee shall agree to the following indemnity provision, as approved
by the City Attorney, which shall substantially read as follows: The permittee
shall agree to save, indemnify, and keep harmless the City and all its
officers, agents, employees, departments and agencies against all
liabilities, judgments, costs and expenses which may in any manner or form
accrue against the City or against any of its officers, agents, employees,
departments or agencies in consequence of the issuance or granting of a
Small Wireless Facility Permit or in consequence of the use or occupancy
of any sidewalk, street or other public place, or in any other wise by virtue
thereof, and will in all things strictly comply with the conditions of the Small
Wireless Facility Permit and with this Code, all ordinances, rules and
regulations of the City relating to the Small Wireless Facility Permit.
(8) All conditions of approval shall be binding as to the Applicant and all
successors in interest to the permittee.
(j) Additional conditions of approval for small wireless facilities in the public right -of-
way. In addition to the required approvals of Section 22.42.135, approval of small
wireless facilities in the public right-of-way shall be subject to the following
conditions of approval:
(1) The small wireless facility shall be subject to such conditions, changes or
limitations as are from time to time deemed necessary by the Director, in
consultation with the Public Works Director, for the purpose of:
a. Protecting the public health, safety, and welfare;
b. Preventing interference with pedestrian and vehicular traffic; and
c. Preventing damage to the public right-of-way or any property adjacent
to it.
(2) The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the
prior written consent of the owner of that structure, improvement, or
property. No structure, improvement, or property owned by the City shall be
moved to accommodate a small wireless facility unless the Director, in
consultation with the Public Works Director, determines that such
movement will not adversely affect the City or any surrounding businesses
or residents, and the permittee pays all costs and expenses related to the
relocation of the City's structure, improvement, or property. Prior to
commencement of any work pursuant to an Encroachment Permit issued
for any small wireless facility within the public right-of-way, the permittee
shall provide the City with documentation establishing to the City's
satisfaction that the permittee has the legal right to use or interfere with any
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other structure, improvement, or property within the public right-of- way to
be affected by the permittee's small wireless facility.
(3) The permittee shall repair, at its sole cost and expense, any damage including,
but not limited to subsidence, cracking, erosion, collapse, weakening, or loss
of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways,
slopes, street lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility lines and systems, or sewer systems
and sewer lines that result from any activities performed in connection with the
installation or maintenance of a small wireless facility in the public right -of-way.
The permittee shall restore such areas, structures, and systems to the condition
in which they existed prior to the installation or maintenance that necessitated
the repairs. In the event the permittee fails to complete such repair within 15
calendar days stated on a written notice by the Public Works Director, or such
shorter timeframe as the Public Works Director may provide in the event of
health and safety issues, the Public Works Director shall cause such repair to
be completed at permittee's sole cost and expense.
(4) The permittee shall modify, remove, or relocate its small wireless facility, or
portion thereof, without cost or expense to the City, if and when made
necessary by:
a. Any public improvement project, including, but not limited to, the
construction, maintenance, or operation of any underground or
aboveground public infrastructure including but not limited to sewers,
storm drains, conduits, gas, water, electric or other utility systems, or
pipes owned by the City or any other public agency;
b. Any abandonment of any street, sidewalk, or other public facility; or
c. Any change of grade, alignment or width of any street, sidewa lk, or other
public facility.
(5) Any modification, removal, or relocation of the small wireless facility shall
be completed within one hundred eighty (180) days of written notification by
the Director, in consultation with the Public Works Director, unless
exigencies dictate a different period for removal or relocation. Modification
or relocation of the small wireless facility shall require submittal, review, and
approval of a permit amendment pursuant to this Code. The permittee shall
be entitled, on permittee's election, to either a pro-rata refund of fees paid
for the original permit or to a new permit, without additional fee, at a location
as close to the original location as the standards set forth in this Code allow.
In the event the small wireless facility is not modified, removed, or relocated
within said period of time, the City may cause the same to be done at the
sole cost and expense of permittee. In the event of exigent circumstances,
as determined by the Director, in consultation with the Public Works
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Director, the City may modify, remove, or relocate small wireless facilities
without prior notice to the permittee provided that the permittee is notified in
writing within a reasonable period thereafter.
(k) Abandonment or discontinuation of use.
(1) Small wireless facilities that have not provided wireless communication
services for a cumulative period of ninety (90) days in a one (1) year period
shall be considered abandoned and shall be removed promptly from the
premises no later than three (3) months after written notification is sent by
the Director to the operator of the small wireless facility and property owner.
Such removal shall be in accordance with proper health and safety
requirements and all ordinances, rules and regulations of the City. The
permittee shall send to the City a copy of the discontinuation notice required
by the California Public Utilities Commission or FCC at the time the notice
is sent to the regulatory agencies.
(2) Small wireless facilities that are abandoned but not removed within the
required three (3) month period from the date o f notice shall be in violation
of this section, and the operators of the small wireless facility and the
owners of the property shall be subject to pena lties for violations under the
enforcement and penalties provisions of this Code. The City may remove
all abandoned small wireless facilities following the three (3) month removal
period at the operators' expense. Facilitie s removed by the City shall be
stored for no less than fifteen (15) days and thereafter disposed of as
permitted by law.
(l) Appeals. A decision of the Director pursuant to this section may be appealed by
the Applicant or permittee to the City Manager pursuant to Chapter 22.74
(Appeals) of this Code, and such appeal shall be reviewed and decided in
conformance with the time periods and procedures established by applicable state
and federal law, and FCC regulations and orders.
SECTION III. Section 22.74.030 (Appeals of Decisions) of Chapter 22.74
(Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby
revised to read as follows (deletions in strikethrough; additions in bold/underline):
Determinations and actions that may be appealed, and the authority to act on an appeal
shall be as follows:
(1) Director and hearing officer appeals. A decision rendered by the director or
hearing officer may be appealed to the commission ; except that a decision
by the director pursuant to Section 22.42.135 related to small wireless
facilities may be appealed to the city manager; and
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(2) Commission appeals. A decision rendered by the commission may be
appealed to the council.
SECTION IV. Subsection (a) of Section 22.74.040 (Filing and Processing of
Appeals) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar
Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions
in bold/underline):
(a) Timing and form of appeal. Appeals shall be submitted in writing and filed with
the department or city clerk, as applicable, on a city application form, within
ten days after the date the decision is rendered by the director or the adoption
of the resolution by the hearing officer or commission. The appeal shall
specifically state the pertinent facts of the case and the basis for the appeal.
Appeals addressed to the commission or city manager shall be filed with the
department, while appeals addressed to the council shall be filed with the city
clerk. Appeals shall be accompanied by the filing fee set by the city's fee
resolution.
SECTION V. Table 4-1 (Review Authority) in Section 22.44.020 (Authority for Land
Use and Zoning Decisions) of Chapter 22.44 (Applications, Processing, and Fees) of Title
22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to add
a new row for “Small Wireless Facility Permit”, to be placed in alphabetical order within
said Table, to read as follows (deletions in strikethrough; additions in bold/underline):
Type of Permit
or Decision
Director Hearing Officer Planning
Commission
City Council
Small
Wireless
Facility Permit
Final*
*A decision rendered by the director pursuant to Section 22.42.135 related to small
wireless facilities may be appealed to the city manager , whose decision shall be
final.
SECTION VI. Public Resources Code § 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The proposed Ordinance does
not have the potential to result in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, as the Ordinance
does not call for any change in the existing environmental conditions within the City. The
proposed Ordinance merely updates existing City regulations to reflect the FCC’s new
laws governing the deployment of small wireless facilities, which are already permitted
uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA.
(Public Resources Code § 21065; CEQA Guidelines § 15378(a).)
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Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates existing
City regulations to reflect the FCC’s new laws governing the deployment of small wireless
facilities and does not authorize new programs or activities. The proposed Ordinance calls
for the continued operation of small wireless facilities involving no expansion of the
existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the
Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of
limited numbers of new, small facilities or structures; installation of small new equipm ent
and facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the dep loyment of new,
small wireless facilities on pre-existing or new small structures within the City, therefore,
the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption.
SECTION VII. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION VIII. The City Clerk shall attest and certify to the passage and adoption
of this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this 21st day of September, 2021.
CITY OF DIAMOND BAR:
__________________________
Nancy A. Lyons, Mayor
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ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 17th day of August, 2021, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the 21st day of September,
2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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Agenda #: 4.3
Meeting Date: August 17, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 02 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE
TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES),
AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION
ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA
FACILITIES), SECTION 22.44.020 (AUTHORITY FOR LAND USE AND
ZONING DECISIONS), SECTION 22.74.030 (APPEALS OF
DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING
OF APPEALS), TO ENACT REGULATIONS GOVERNING THE
DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL
WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE
AND FEDERAL LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce first reading of Ordinance No. 02 (2021) as modified, open Public Hearing,
receive public testimony, schedule the second reading and adoption at the next
regularly scheduled City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
On August 3, 2021, the City Council conducted a public hearing and approved for first
reading Ordinance No. 02 (2021), amending Title 22 of the Municipal Code to enact
regulations governing the development, augmentation, and relocation of small wireless
facilities in accordance with state and federal law.
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After introduction of Ordinance No. 02 (2021), the City Attorney's office noted that the
definition of Public Right-of-Way included the term "other public places," and as such,
might be interpreted to apply to the placement of small wireless cell facilities on City
property such as parks and City Hall. After review of the federal statutes and the
Federal Communications Commission Declaratory Ruling and Third Report and Order
("Order") regulating the placement of small wireless cell facilities, the City Attorney's
office concluded that the regulations apply only to the placement of such facilities within
what is commonly understood to constitute the public right-of-way. The common
meaning of a public right-of-way is the area dedicated as a public street, i.e., the area
from the back of the sidewalk on each side of the street. Therefore, the definition
contained in Section 22.42.135(c) on Ordinance page 7 is proposed to be revised to
read as follows:
Public Right-of-Way or Right-of-Way means any public street, public way,
public alley, that is dedicated for street purposes.
No other changes to the Ordinance considered at the August 3, 2021 City Council
meeting have been made.
Section 253(c) of the Telecommunications Act of 1996 provides that nothing within the
statute "affects the authority of a ... local government to manage the public rights -of-way
...." The Order refers to the public right-of-way in several places. There appears
nothing within the Telecommunications Act of 1996 or the Order that the federal
government was supplanting local authority with respect to the placement of small
wireless cell facilities outside of what is commonly understood to mean pub lic right-of-
way.
Government Code section 36934 provides that if an ordinance is altered after
introduction, it may be passed only at a meeting held at least five days after such
alteration. Since the proposed modification to Ordinance No. 02 (2021) consists of
more than a simple typographical or clerical error, the ordinance needs to be introduced
and passed for first reading again.
A copy of the August 3, 2021 staff report is included in Attachment 2 for reference.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 4.3.a Ordinance No. 02 (2021) Amended
2. 4.3.b City Council Staff Report Dated August 3, 20211
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1594367.1
ORDINANCE NO. 02 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL
WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO
AND TELEVISION ANTENNAS AND WIRELESS
TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22.44.020
(AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION
22.74.030 (APPEALS OF DECISIONS), AND SECTION 22.74.040
(FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS
GOVERNING THE DEPLOYMENT, AUGMENTATION, AND
RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment,” which established new limitations on local standards for the siting of, and
the processing of applications for, small wireless facilities by all local jurisdictions; and,
WHEREAS, the Order provides that all local jurisdictions must comply with various
restrictions on their exercise of aesthetic, zoning, public works, and fee authority when
considering applications for the installation of small wireless facilities; and,
WHEREAS, the Order is intended to facilitate the spread, growth, and
accumulation of small wireless facilities over a short period of time to ensure deployment
of 5G technology. The Order reduces the “shot clock” period allowable for cities to review,
comment upon, consider, and make a final determination on small wireless facility
applications for as many as 90 days for new facilities and as many as 60 days for
collocated and modified facilities; and,
WHEREAS, small wireless facilities are primarily installed within public rights-of-
way and as such create significant concerns regarding traffic and pedestrian safety,
aesthetics, protection and preservation of public property, and the health, safety, and
welfare of the general public; and,
WHEREAS, installation of small wireless facilities within the public right-of-way can
pose a threat to the public health, safety and welfare, including: disturbance to the right -
of-way through the installation and maintenance of wireless facilities; traffic and
pedestrian safety hazards due to the unsafe location of wireless facilities; land use
conflicts and incompatibilities, including excessive height of poles and towers; creation of
visual and aesthetic blights and potential safety concerns arising from excessi ve size,
heights, noise or lack of camouflaging of wireless facilities , including the associated
pedestals, meters, equipment and power generators; and the creation of unnecessary
visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on
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2
co-location opportunities, which may negatively impact the unique quality and character
of the City; and,
WHEREAS, the City currently regulates all wireless telecommunications antenna
facilities within specified land use zones of the City as provided in Section 22.42.130
(Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of
the Diamond Bar Municipal Code, which does not specifically address the deployment of
small wireless facilities; and,
WHEREAS, the Federal Telecommunications Act of 1996 preempts and declares
invalid all state rules that restrict entry or limit competition in both local and long-distance
telephone service; and,
WHEREAS, the California Public Utilities Commission (“CPUC”) is primarily
responsible for the implementation of local telephone competition and the CPUC issues
certificates of public convenience and necessity to new entrants that are qualified to
provide competitive local telephone exchange services and related telecommunications
service, whether using their own facilities or the facilities or services provided by other
authorized telephone corporations; and,
WHEREAS, Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within this state;” and,
WHEREAS, Section 616 of the California Public Utilities Code provides that a
telephone corporation "may condemn any property necessary for the construction and
maintenance of its telephone line;” and,
WHEREAS, many wireless service providers are eligible to utilize the public righ t-
of-way pursuant to a Certificate of Public Convenience and Necessity, as issued by the
California Public Utilities Commission; and,
WHEREAS, Section 2902 of the California Public Utilities Code authorizes
municipal corporations to retain their powers of control to supervise and regulate the
relationships between a public utility and the general public in matters affecting the health,
convenience, and safety of the general public, including matters such as the use and
repair of public streets by any public utility and the location of the poles, wires, mains, or
conduits of any public utility on, under, or above any public streets. The primary and
highest purpose of public streets, rights-of-way, roads, and highways is the safe and
efficient accommodation of the traveling public, including without limitation motor vehicles,
automobiles, trucks, buses and other modes of public transportation, bicycles,
pedestrians, and emergency and first responder vehicles. Street signs, street lights, and
drainage systems also provide services and enhancements that protect and serve the
traveling public. The City Council finds that all other uses of the public right-of-way are
ancillary and secondary to the primary purpose and use of the public right -of-way and will
only be allowed to the extent such secondary uses do not impede the traveling public or
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3
compromise the safety of the members of the public and the residents and businesses of
the City; and,
WHEREAS, Section 7901 of the California Public Utilities Code authorizes
telephone/telegraph corporations to construct telephone/telegraph lines upon any public
road or highway, along or across any of the waters or lands within this state, and to erect
poles, posts, piers, or abatements for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points as not to incommode
the public use of the road or highway or interrupt the navigation of the waters; and,
WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the right
of municipalities to exercise reasonable control as to the time, place, and manner in which
roadways, highways, and waterways are accessed, which control must be applied to all
entities in an equivalent manner; and,
WHEREAS, Section 50030 of the California Government Code states that permit
fees imposed by a city for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to
provide telecommunications services cannot exceed the reasonable costs of providing
service for which the fee is charged and cannot be levied for general revenue; and,
WHEREAS, state and federal law have changed substantially and the City is in
need of clear regulations for small wireless facility installations given the number of
anticipated applications and legal timelines upon which the City must act; and,
WHEREAS, the public right-of-way in the City is a uniquely valuable public
resource, closely linked with the City's scenic nature and rural character. The reasonably
regulated and orderly deployment of small wireless facilities in the public right -of-way is
desirable, and unregulated or disorderly deployment represents an ever-increasing threat
to the health, welfare, and safety of the community; and,
WHEREAS, the regulation of installations, including small wireless facilities, in the
public right-of-way is necessary to protect and preserve the aesthetics in the community,
as well as the values of properties within the City, and to ensure that such installations
are installed using the least intrusive means possible; and,
WHEREAS, the City Council recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent
with the current state of the law in ensuring that irreversible development activity does not
occur that would harm the public health, safety, or welfare; and,
WHEREAS, the City does not intend that this Ordinance prohibit or have the effect
of prohibiting the provision of telecommunications service; rather, this Ordinance includes
appropriate regulations to ensure that the deployment, augmentation, and relocation of
small wireless facilities in the City are conducted in such a manner as to lawfully balance
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the legal rights of applicants under the Federal Telecommunications Act, the
rules/regulations promulgated thereunder, and the California Public Utilities Code, while
at the same time, protecting the health, safety, and welfare of the general public and land
use concerns described herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Subsection (b) of Section 22.42.130 (Radio and Television Antennas
and Wireless Telecommunications Antenna Facilities) of Chapter 22.42 (Standards for
Specific Land Uses) of Title 22 (Development Code) of the Diamond Bar Municipal Code
is hereby amended to read as follows (deletions shown in strikethrough; additions shown
in bold/underline):
“(b) Applicability. The standards of this section apply to all earth station
antennas, amateur radio station antennas, and wireless
telecommunications antenna facilities, except for small wireless facilities
governed by and subject to the provisions of Section 22.42.135, which
shall be exempt from and not governed by the provisions of this
section.
SECTION II. Section 22.42.135 (Small Wireless Facilities) of Chapter 22.42
(Standards for Specific Land Uses) of Title 2 2 (Development Code) is hereby added to
the Diamond Bar Municipal Code, which shall read as follows:
Section 22.42.135. – Small wireless facilities.
(a) Purpose. The purpose of this section is to:
(1) Provide a uniform and comprehensive set of regulations and standards for
the permitting, development, siting, deployment, design, operation, and
maintenance of small wireless facilities in the City.
(2) Establish clear local guidelines, standards, and time frames for the exercise
of local authority with respect to the regulation of small wireless facilities in
the City.
(3) Impose clear and reasonable requirements so that applications for small
wireless facilities will be processed in a consistent and timely manner. This
section imposes requirements that are necessary to protect public health,
safety, welfare, aesthetics, and provide for the orderly, managed, and
efficient deployment of small wireless facilities in accordance with state and
federal laws, rules, and regulations.
(4) Provide for the orderly, managed, and efficient deployment of small wireless
facilities in accordance with state and federal laws, rules, and regulations ,
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and permit and manage reasonable access to public rights -of-way of the
City for telecommunications purposes on a competitively neutral basis.
(5) Enable the City to discharge its public trust responsibilities consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development through the encouragement of advanced
and competitive telecommunications services on the widest possible
equivalent basis to the businesses, institutions, and residents of the City
while continuing to fairly and responsibly protect the public health, safety,
and welfare.
(6) Promote and protect public health, safety, welfare, and the aesthetic quality
of the City consistent with the goals, objectives, and policies of the General
Plan.
(7) Conserve the limited physical capacity of public rights-of-way held in public
trust by the City.
(8) Assure that the City’s current and ongoing costs of granting and regulating
private access to and use of public rights -of-way are fully paid by the
persons seeking such access and causing such costs while securing fair
and reasonable compensation for the City and the residents of the City for
permitting private use of public rights -of-way, within the limits established
by the FCC.
(b) Interpretation. This section is not intended nor shall it be interpreted to:
(1) Prohibit or effectively prohibit any small wireless service provider's ability to
deploy small wireless facilities.
(2) Prohibit or effectively prohibit any entity's ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations for rights-of-way management.
(3) Unreasonably discriminate among providers of functio nally equivalent
services.
(4) Deny any request for authorization to place, construct, or modify small
wireless facilities on the basis of environmental effects of radio-frequency
emissions to the extent that the small wireless facilities comply with the
FCC's regulations concerning such emissions.
(5) Prohibit any co-location or modification that the City may not deny under
federal or state law.
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(c) Definitions. For the purpose of this section, the following words and terms shall
have the meaning set forth herein unless the context clearly indicates or requires
a different meaning.
Accessory Equipment means any equipment, other than antenna equipment,
associated with the installation of a small wireless facility.
Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may
be amended or superseded, which defines that term as an apparatus designed for
the purpose of emitting radiofrequency radiation, to be operated or operating from
a fixed location, for the provision of personal wireless service and any commingled
information services.
Antenna Equipment means the same as defined by the FCC in 47 C.F.R. §
1.6002(c), as may be amended or superseded, which defines the term as
equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
Antenna Facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d),
as may be amended or superseded, which defines the term as an antenna and
associated antenna equipment.
Applicant means a person or entity that submits an application for a Small Wireless
Facility Permit under the provisions of this section and the agents, employees, and
contractors of such person or entity.
Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as
may be amended or superseded, which defines that term as mounting or installing
an antenna facility on a pre-existing structure, and/or modifying a structure for the
purpose of mounting or installing an antenna facility on that structure.
Decorative Pole means any pole that includes decorative or ornamental features,
design elements and/or finials intended to enhance the appearance of the pole or
the public rights-of-way in which the pole is located.
Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as
may be amended or superseded, which defines the term as placement,
construction, or modification of a personal wireless service facility.
Director means the Community Development Director for the City of Diamond Bar,
or his or her designee.
FCC means the Federal Communications Commission or its duly appointed
successor agency.
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Modification means any change to a small wireless facility that involves any of the
following: co-location, expansion, alteration, enlargement, intensification, or
augmentation, including, but not limited to, a change in size, shape, color, visual
design, or exterior material. Modification does not include repair, replacement, or
maintenance if those actions do not involve a change to the small wireless facility
involving any of the following: co-location, expansion, enlargement, intensification,
or augmentation.
New Pole means any pole erected or installed after the effective date of this
section. The term “New Pole” does not include a “Replacement Pole” as defined
in this section.
Pole means a single shaft of wood, steel, concrete, or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and
as required by provisions of this Code.
Public Right-of-Way or Right-of-Way means any public street, public way, public
alley, that is dedicated for street purposes.
Public Works Director means the Public Works Director of the City, or his or her
designee.
Replacement Pole means and shall only include a pole or structure that replaces
a pole in the exact same location in order to accommodate small wireless facilities.
Small wireless facility or facility means the same as defined by the FCC in 47
C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as
a facility that meets each of the following conditions:
(1) The facility is: (i) mounted on structures 50 feet o r less in height including
their antennas; or (ii) mounted on structures no more than 10 percent taller
than other adjacent structures; or (iii) does not extend existing structures on
which it is located to a height of more than 50 feet or by more than 10
percent, whichever is greater;
(2) Each antenna associated with any deployment, excluding associated
antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre-existing
associated equipment on the structure, is no more than 28 cubic feet in
volume;
(4) The facility does not require antenna structure registration under 47 C.F.R.
Part 17;
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(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation
in excess of the applicable safety standards specified in 47 C.F.R.
1.1307(b).
Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as
may be amended or superseded, which defines the term as a pole, tower, base
station, or other building, whether or not it has an existing antenna facility, that is
used or to be used for the provision of personal wireless service (whether on its
own or comingled with other types of services).
(d) Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to
the contrary, this section shall govern all applications for Small Wireless Facility
Permits in the City.
(e) Required approvals.
(1) A Small Wireless Facility Permit shall be required to locate or modify any
small wireless facility on a pole, new pole, replacement pole, or structure
located within the City, including without limitation on any public rights -of-
way, public property, or private property. No small wireless facility shall be
located or modified within the City without the issuance of an administrative
Small Wireless Facility Permit, as required by this section. The Director, in
consultation with the Public Works Director, shall have the authority to
approve, approve with conditions, or deny any application for the
deployment or modification of a small wireless facility.
(2) Each Applicant for a Small Wireless Facility Permit pursuant to this section
proposed for location in or on any public right -of-way within the City shall
also submit an application for an Encroachment Permit pursuant to the
provisions of Chapter 12.04 (Streets and Sidewalks) of this Code. The
application for an Encroachment Permit sh all be processed, reviewed, and
approved concurrently with the application for a Small Wireless Facility
Permit pursuant to the provisions of this section.
(3) An administrative approval granted under this section shall not confer any
exclusive right, privilege, license, or franchise to occupy or use the public
right-of-way of the City for delivery of telecommunication services of any
kind or for any other purposes.
(4) All required approvals under this section shall be processed in conformance
with the time periods established by applicable state and federal law, and
FCC regulations and orders.
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(5) Upon a showing by the Applicant that any requirement in this section would
prohibit or have the effect of prohibiting the provision of personal wireless
service through the wireless service provider's deployment of small
wireless facilities, the Director shall have the authority to modify or waive
such requirement.
(f) Application content. Each Applicant for a Small Wireless Facility Permit shall file a
written, signed, and verified application on such form as the Director may
prescribe, and shall provide the information, documents, and fees specified in this
subsection:
(1) Full name and contact information of the small wireless facility owner, small
wireless facility operator, agent (if any), and property owner, and related
letter(s) of authorization from the small wireless facility and/or property
owner.
(2) A full written description of the proposed small wireless facility, including its
purpose, specifications, and placement of backup generator (if applicable).
(3) A detailed site plan or photo simulation of the small wireless facility
containing the exact proposed location of the small wireless facility, and any
existing wireless facilities within a five hundred (500) foot radius of the
proposed location.
(4) Photographs of all proposed small wireless facility equipment and an
accurate visual impact analysis with photo simulations, including
reasonable line-of-sight locations from public streets, nearby vicinity, or
other adjacent viewpoints as may be required by the Director, in
consultation with the Public Works Director, and a map that shows the photo
location of each view angle.
(5) Building elevations and roof plan (for building- and/or rooftop-mounted
small wireless facilities) indicating exact location and dimensions of
equipment proposed. For all other small wireless facilities not mounted to a
building or rooftop, indicate surrounding grades, structures, and
landscaping from all sides.
(6) Proposed landscaping and/or nonvegetative screening plan for all aspects
of the small wireless facility.
(7) Written documentation demonstrating that the proposed location complies
with all applicable aesthetic and development standards set forth in this
section and that the proposed small wireless facility will be screened to the
greatest extent feasible in accordance with the design and developm ent
standards listed within this section.
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(8) If the application is for a small wireless facility that will be located within the
public right-of-way, the Applicant shall state the basis for its claimed right to
enter the right-of-way, and provide a copy of its certificate of public
convenience and necessity (CPCN), if a CPCN has been issued by the
California Public Utilities Commission.
(9) Evidence from the equipment manufacturer that the ambient noise emitted
from all proposed equipment will not, both individually and cumulatively,
exceed the applicable noise limits as found in Division 3 (Noise Control) of
Chapter 8.12 (Environmental Protection) of this Code.
(10) Evidence that demonstrates that the small wireless facility’s antennas do
not exceed three (3) cubic feet in volume per antenna, and all other
equipment (antenna equipment and accessory equipment) does not
collectively exceed twenty-eight (28) cubic feet in volume.
(11) An application and processing fee in an amount consistent with FCC
regulations as established by a resolution by the City Council for the
estimated cost of the City, including staff time, and all other costs of
whatever type or variety, incurred for the processing, review, commenting
upon, evaluation, and consideration of the small wireless facility application.
(12) A radio-frequency (RF) exposure compliance report prepared and certified
by an electrical engineer licensed by the State of California that certifies that
the proposed small wireless facility, as well as any collocated facilities, will
comply with applicable federal RF exposure standards and exposure limits.
(g) Design and development standards for small wireless facilities.
(1) Small wireless facilities shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, inconvenience to the
public's use of the public right-of-way, or create safety hazards to
pedestrians and motorists.
(2) Small wireless facilities shall not be located within any portion of the public
right-of-way interfering with access to fire hydrants, fire stations, water
valves, underground vaults, valve housing structures, utility lines or
facilities, or any other vital public health and safety facility.
(3) The Applicant shall use screening and camouflage design techniques in the
design and placement of small wireless facilities to ensure such facilities
are as visually inconspicuous as possible.
(4) Small wireless facilities shall be sited at least five hundred (500) feet away
from other small wireless facilities to avoid an over-concentration of such
facilities, to preserve community aesthetics, and to avoid the creation of
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potential hazards or inconvenience to the travelling public. Collocated small
wireless facilities on the same pole/structure are not required to meet this
minimum spacing standard with respect to one another.
(5) To preserve community aesthetics, all small wireless facilities, excluding
antennas and aboveground vents, shall be pole-mounted or placed
underground, flush to the finished grade, whenever there are no physical or
site constraints to make undergrounding infeasible, except as may be
determined by the Director, in consultation with the Public Works Director.
Infeasibility shall not be demonstrated by the mere cost to place the
equipment underground.
(6) If an Applicant proposes to replace a pole to accommodate the small
wireless facility, the replacement pole shall match the appearance of the
original pole, including height, width and silhouette to the extent feasible,
unless the Director, in consultation with the Public Works Director, finds that
another design accomplishes the objectives of this subsection.
(7) Small wireless facilities may incorporate reasonable and appropriate
security measures, such as fences, walls, and anti -climbing devices, to
prevent unauthorized access, theft, and vandalism. Security measures
must be designed to enhance concealment to the maximum extent feasible.
Security measures shall not include barbed wire, razor ribbon, electrified
fences or any similar security measures.
(8) Small wireless facilities shall not be installed on decorative poles, except as
may be determined by the Director, in consultation with the Public Works
Director.
(h) Installation and operation requirements for small wireless facilities.
(1) Small wireless facilities shall be operated in a manner so as to avoid any
significant adverse impacts caused by noise.
a. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 10:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any small wireless facility exceed
the applicable noise levels as established in Division 3 (Noise Control)
of Chapter 8.12 (Environmental Protection) of this Code.
(2) Small wireless facilities shall not bear any signs or advertising devices other
than certification, warning, or other signage required by law or permitted by
the City.
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(3) Small wireless facility equipment shall not be illuminated unless specifically
required by the Federal Aviation Administration, the FCC, or other
governmental agency.
(4) Only pole-mounted small wireless facilities shall be permitted in the public
right-of-way. All poles shall be designed to be the minimum functional
height and width required to support the proposed small wireless facility
installation and meet FCC requirements.
(5) Pole-mounted equipment shall be designed to occupy the least amount of
space in the public right-of-way that is technically feasible.
(6) If a small wireless facility is sited on the exterior of a pole, equipment shall
not be installed in such a manner that would preclude possible future co-
location by the same or other operators.
(7) Each antenna associated with any deployment shall be no more than three
(3) cubic feet in volume. All other equipment associated with the small
wireless facility, including associated antenna equipment and accessory
equipment, shall be no more than twenty-eight (28) cubic feet in volume.
(8) Small wireless facilities must be mounted on structures fifty (50) feet or less
in height including their antenna, or mounted on structures no more than
ten (10) percent taller than other adjacent structures, or which do not extend
existing structures on which the small wireless facility is located to a height
of more than fifty (50) feet or by more than ten (10) percent, whichever is
greater.
(9) Small wireless facilities shall be maintained in good working order and
condition and shall be fully operable at all times. Each small wireless facility
shall be clean and free of general dirt and grease; chipped, faded, peeling,
and cracked paint; rust and corrosion; cracks, dents, and discoloration;
missing, discolored, or damaged artificial foliage or other camouflage;
graffiti, bills, stickers, advertisements, litter and debris; and damaged
structural parts.
(i) Conditions of approval for small wireless facilities. In addition to compliance with
the requirements of Section 22.42.135, approval of small wireless facilities shall
be subject to each of the following conditions of approval:
(1) In the event the deployment of a small wireless facility, as approved
pursuant to this section, requires a Building Permit under the provisions of
this Code, all conditions and restrictions imposed on the Small Wireless
Facility Permit and Encroachment Permit approved pursuant to the
provisions of this section shall be incorporated in, and made a condition of
such Building Permit. All conditions shall be binding as to the Applicant and
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all successors in interest to permittee. The permittee shall construct, install,
and operate the small wireless facility in strict compliance with all approved
permits.
(2) The permittee shall submit and maintain current at all times basic c ontact
and site information on a form as may be provided by the Director, in
consultation with the Public Works Director. The permittee shall notify the
Director of any changes to the information submitted within seven (7) days
of any change, including change of the name or corporate legal status of
the owner or operator. This information shall include, but is not limited to,
the following:
a. Identity, including the name, address and 24 -hour local or toll-free
contact phone number of the permittee, the owner, the operator, and the
agent or person responsible for the maintenance of the small wireless
facility.
b. The corporate legal status of the owner of the small wireless facility,
including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different
than the permittee.
(3) The permittee shall not place any small wireless facility in a manner that will
deny access to, or otherwise interfere with, any public utility, easement, or
right-of-way located on the site. The permittee shall allow the City and utility
providers reasonable access to, and maintenance of, all utilities and existing
public improvements within or adjacent to the site, including, but not limited
to, pavement, trees, public utilities, lighting, and public signage.
(4) At all times, all required notices and signs shall be posted on the site as
required by the FCC and California Public Utilities Commission, and as
approved by the City. The location and dimensions of a sign bearing the
emergency contact name and telephone number shall be posted pursuant
to the approved plans.
(5) At all times, the permittee shall ensure that the small wireless facility
complies with the most current regulatory and operational stand ards,
including, but not limited to, radio-frequency emissions standards, adopted
by the FCC and antenna height standards adopted by the Federal Aviation
Administration.
(6) The permittee shall assume full liability for damage or injury caused to any
property or person by the small wireless facility.
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(7) The permittee shall agree to the following indemnity provision, as approved
by the City Attorney, which shall substantially read as follows: The permittee
shall agree to save, indemnify, and keep harmless the City and all its
officers, agents, employees, departments and agencies against all
liabilities, judgments, costs and expenses which may in any manner or form
accrue against the City or against any of its officers, agents, employees,
departments or agencies in consequence of the issuance or granting of a
Small Wireless Facility Permit or in consequence of the use or occupancy
of any sidewalk, street or other public place, or in any other wise by virtue
thereof, and will in all things strictly comply with the conditions of the Small
Wireless Facility Permit and with this Code, all ordinances, rules and
regulations of the City relating to the Small Wireless Facility Permit.
(8) All conditions of approval shall be binding as to the Applicant and all
successors in interest to the permittee.
(j) Additional conditions of approval for small wireless facilities in the public right -of-
way. In addition to the required approvals of Section 22.42.135, approval of small
wireless facilities in the public right-of-way shall be subject to the following
conditions of approval:
(1) The small wireless facility shall be subject to such conditions, changes or
limitations as are from time to time deemed necessary by the Director, in
consultation with the Public Works Director, for the purpose of:
a. Protecting the public health, safety, and welfare;
b. Preventing interference with pedestrian and vehicular traffic; and
c. Preventing damage to the public right-of-way or any property adjacent
to it.
(2) The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the
prior written consent of the owner of that structure, improvement, or
property. No structure, improvement, or property owned by the City shall be
moved to accommodate a small wireless facility unless the Director, in
consultation with the Public Works Director, determines that such
movement will not adversely affect the City or any surrounding businesses
or residents, and the permittee pays all costs and expenses related to the
relocation of the City's structure, improvement, or property. Prior to
commencement of any work pursuant to an Encroachment Permit issued
for any small wireless facility within the public right-of-way, the permittee
shall provide the City with documentation establishing to the City's
satisfaction that the permittee has the legal right to use or interfere with any
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Ordinance No. 02 (2021)
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other structure, improvement, or property within the public right-of- way to
be affected by the permittee's small wireless facility.
(3) The permittee shall repair, at its sole cost and expense, any damage including,
but not limited to subsidence, cracking, erosion, collapse, weakening, or loss
of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways,
slopes, street lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility lines and systems, or sewer systems
and sewer lines that result from any activities performed in connection with the
installation or maintenance of a small wireless facility in the public right -of-way.
The permittee shall restore such areas, structures, and systems to the condition
in which they existed prior to the installation or maintenance that necessitated
the repairs. In the event the permittee fails to complete such repair within 15
calendar days stated on a written notice by the Public Works Director, or such
shorter timeframe as the Public Works Director may provide in the event of
health and safety issues, the Public Works Director shall cause such repair to
be completed at permittee's sole cost and expense.
(4) The permittee shall modify, remove, or relocate its small wireless facility, or
portion thereof, without cost or expense to the City, if and when made
necessary by:
a. Any public improvement project, including, but not limited to, the
construction, maintenance, or operation of any underground or
aboveground public infrastructure including but not limited to sewers,
storm drains, conduits, gas, water, electric or other utility systems, or
pipes owned by the City or any other public agency;
b. Any abandonment of any street, sidewalk, or other public facility; or
c. Any change of grade, alignment or width of any street, sidewa lk, or other
public facility.
(5) Any modification, removal, or relocation of the small wireless facility shall
be completed within one hundred eighty (180) days of written notification by
the Director, in consultation with the Public Works Director, unless
exigencies dictate a different period for removal or relocation. Modification
or relocation of the small wireless facility shall require submittal, review, and
approval of a permit amendment pursuant to this Code. The permittee shall
be entitled, on permittee's election, to either a pro-rata refund of fees paid
for the original permit or to a new permit, without additional fee, at a location
as close to the original location as the standards set forth in this Code allow.
In the event the small wireless facility is not modified, removed, or relocated
within said period of time, the City may cause the same to be done at the
sole cost and expense of permittee. In the event of exigent circumstances,
as determined by the Director, in consultation with the Public Works
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Ordinance No. 02 (2021)
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Director, the City may modify, remove, or relocate small wireless facilities
without prior notice to the permittee provided that the permittee is notified in
writing within a reasonable period thereafter.
(k) Abandonment or discontinuation of use.
(1) Small wireless facilities that have not provided wireless communication
services for a cumulative period of ninety (90) days in a one (1) year period
shall be considered abandoned and shall be removed promptly from the
premises no later than three (3) months after written notification is sent by
the Director to the operator of the small wireless facility and property owner.
Such removal shall be in accordance with proper health and safety
requirements and all ordinances, rules and regulations of the City. The
permittee shall send to the City a copy of the discontinuation notice required
by the California Public Utilities Commission or FCC at the time the notice
is sent to the regulatory agencies.
(2) Small wireless facilities that are abandoned but not removed within the
required three (3) month period from the date o f notice shall be in violation
of this section, and the operators of the small wireless facility and the
owners of the property shall be subject to pena lties for violations under the
enforcement and penalties provisions of this Code. The City may remove
all abandoned small wireless facilities following the three (3) month removal
period at the operators' expense. Facilitie s removed by the City shall be
stored for no less than fifteen (15) days and thereafter disposed of as
permitted by law.
(l) Appeals. A decision of the Director pursuant to this section may be appealed by
the Applicant or permittee to the City Manager pursuant to Chapter 22.74
(Appeals) of this Code, and such appeal shall be reviewed and decided in
conformance with the time periods and procedures established by applicable state
and federal law, and FCC regulations and orders.
SECTION III. Section 22.74.030 (Appeals of Decisions) of Chapter 22.74
(Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby
revised to read as follows (deletions in strikethrough; additions in bold/underline):
Determinations and actions that may be appealed, and the authority to act on an appeal
shall be as follows:
(1) Director and hearing officer appeals. A decision rendered by the director or
hearing officer may be appealed to the commission ; except that a decision
by the director pursuant to Section 22.42.135 related to small wireless
facilities may be appealed to the city manager; and
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(2) Commission appeals. A decision rendered by the commission may be
appealed to the council.
SECTION IV. Subsection (a) of Section 22.74.040 (Filing and Processing of
Appeals) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar
Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions
in bold/underline):
(a) Timing and form of appeal. Appeals shall be submitted in writing and filed with
the department or city clerk, as applicable, on a city application form, within
ten days after the date the decision is rendered by the director or the adoption
of the resolution by the hearing officer or commission. The appeal shall
specifically state the pertinent facts of the case and the basis for the appeal.
Appeals addressed to the commission or city manager shall be filed with the
department, while appeals addressed to the council shall be filed with the city
clerk. Appeals shall be accompanied by the filing fee set by the city's fee
resolution.
SECTION V. Table 4-1 (Review Authority) in Section 22.44.020 (Authority for Land
Use and Zoning Decisions) of Chapter 22.44 (Applications, Processing, and Fees) of Title
22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to add
a new row for “Small Wireless Facility Permit”, to be placed in alphabetical order within
said Table, to read as follows (deletions in strikethrough; additions in bold/underline):
Type of Permit
or Decision
Director Hearing Officer Planning
Commission
City Council
Small
Wireless
Facility Permit
Final*
*A decision rendered by the director pursuant to Section 22.42.135 related to small
wireless facilities may be appealed to the city manager , whose decision shall be
final.
SECTION VI. Public Resources Code § 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The proposed Ordinance does
not have the potential to result in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, as the Ordinance
does not call for any change in the existing environmental conditions within the City. The
proposed Ordinance merely updates existing City regulations to reflect the FCC’s new
laws governing the deployment of small wireless facilities, which are already permitted
uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA.
(Public Resources Code § 21065; CEQA Guidelines § 15378(a).)
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Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates existing
City regulations to reflect the FCC’s new laws governing the deployment of small wireless
facilities and does not authorize new programs or activities. The proposed Ordinance calls
for the continued operation of small wireless facilities involving no expansion of the
existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the
Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of
limited numbers of new, small facilities or structures; installation of small new equipm ent
and facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the dep loyment of new,
small wireless facilities on pre-existing or new small structures within the City, therefore,
the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption.
SECTION VII. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION VIII. The City Clerk shall attest and certify to the passage and adoption
of this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this ___ day of ______, 2021.
THE CITY OF DIAMOND BAR:
__________________________
Nancy Lyons, Mayor
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Ordinance No. 02 (2021)
19
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 3rd day of August 2021, and reintroduced at a regular meeting
of the City Council of the City of Diamond Bar held on the 17th day of August, 2021, and
was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held
on the ___ day of ________, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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Agenda #: 5.1
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 02 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE
TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES),
AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION
ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA
FACILITIES), SECTION 22.44.020 (AUTHORITY FOR LAND USE AND
ZONING DECISIONS), SECTION 22.74.030 (APPEALS OF
DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING
OF APPEALS), TO ENACT REGULATIONS GOVERNING THE
DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL
WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE
AND FEDERAL LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance No. 02 (2021), open
Public Hearing, receive public testimony, schedule the second reading and adoption at
the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
On September 26, 2018, the Federal Communications Commission (“FCC”) adopted its
Declaratory Ruling, Third Report, and Order (“Order”) in the matter of “Accelerating
Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.”
The Order establishes a new category of “small wireless facilities,” and limits and
preempts the ability of cities to regulate the deployment of small wireless facilities, both
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inside and outside of the public right-of-way, and imposes strict processing
requirements that cities must adhere to for small wireless facility applications. These
requirements are in addition to preexisting federal requirements that prevent cities from
adopting regulations that “effectively prohibit” the provision of wireless service. The
Order is intended to facilitate the spread, growth, and accumulation of small wireless
facilities over a short period of time to ensure deployment of new 5G technology that the
FCC claims will enable increased competition in healthcare, Internet of Things
applications and lifesaving car technologies, among other things, and create jobs,
possibly increasing the U.S. economy by as much as $100 billion by speeding up the
deployment of small wireless facilities by only one year.
To fully comply with the new FCC regulations and to minimize any potential conflicts
with telecommunication service providers, the proposed ordinance creates a new
section in the Development Code (Section 22.42.135) for the orderly, managed, and
efficient deployment of small wireless facilities. The ordinance includes an
administrative permit review process, submittal requirements, design and development
standards, installation and operation requirements, standard conditions of approval,
abandonment or discontinuation of use requirements, and an appeals process.
Current Process vs New Process
The City currently regulates all wireless telecommunication facilities pursuant to Section
22.42.130 (Radio and television antennas and wireless telecommunications antenna
facilities) of the Development Code. The purpose of Section 22.42.130 is to establish
development standards and land use controls for the installation and maintenance of
radio and television antennas and wireless telecommunications antenna facilities in the
City; however, the Development Code has not been updated to reflect the new legal
requirements for the deployment of small wireless facilities, as set forth by the FCC’s
Order. Under the current process, new wireless facilities on utility poles requires
Planning Commission approval of a Conditional Use Permit at a public hearing. The
proposed ordinance would exempt “small wireless facilities” from the requirements set
forth in Section 22.42.130 and enact a new Section 2 2.42.135, specifically governing
“small wireless facilities” as defined in the FCC’s Order. The new Section 22.42.135
would create an administrative permit review process for the deployment of all small
wireless facilities located within the City.
In addition to requiring small wireless facility applications to be processed
administratively, the Order also mandates reduced timeframes for processing such
applications. The “shot clock” periods for a public agency to review, comment upon,
and make a final determination on small wireless facility applications are: ninety (90)
days for new small wireless facilities; and sixty (60) days for collocation on preexisting
facilities. It should also be noted that a service provider can include multiple sites on
one application. The existing 150 and 90-day shot clocks periods for new and
collocated wireless telecommunications installations other than “small wireless facilities”
remain unchanged.
The FCC’s Order further limits the extent to which cities may impose fees on small
wireless facility deployments, including fees for processing applications, the use of the
public right-of-way, and the privilege of attaching or using fixtures and structures in the
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public right-of-way that are owned or controlled by the City. If the proposed ordinance is
approved, staff will follow up with a recommended fee schedule for small wireless
facility deployments. The FCC’s Order establishes “safe harbor” fee amounts that are
presumed to be reasonable not-to-exceed amounts to cover the cost of processing such
applications. The safe harbor fees are as follows:
1. $500 for non-recurring fees, including a single up-front application that includes
up to five small wireless facilities, with an additional $100 for each small wireless
facility beyond five;
2. $1,000 for non-recurring fees for a new pole (i.e., not a collocation) intended to
support one or more small wireless facility; or
3. $270 per small wireless facility per year for all recurring fees, including any right-
of-way access fees or fees for attachment to City-owned structures in the right-
of-way.
Planning Commission Review
On July 13, 2021, after conducting a duly noticed public hearing, the Planning
Commission adopted Resolution no. 2021-10 recommending by a 4-0 vote, with
Commissioner Garg absent, that the City Council adopt the attached ordinance
amending Title 22 (Attachment 2). The staff report and meeting minutes from that
meeting are attached to this report as Attachments 3 and 4 respectively.
One letter was received prior to the Planning Commission hearing in support of the
proposed ordinance (Attachment 5).
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
July 23, 2021, in a 1/8 page display. Pursuant to Planning and Zoning Law Government
Code Section 65091(a)(4), if the number of property owners to whom a public hearing
notice would be mailed is greater than 1,000, a local agency may provide notice by
placing a display advertisement of at least 1/8 page in one newspaper of general
circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
LEGAL REVIEW:
The City Attorney’s Office drafted the attached ordinance, and has worked
collaboratively with wireless industry representatives to develop mutually acceptable
standards, as reflected in the draft ordinance.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.1.a Draft Ordinance No. 02 (2021)
2. 5.1.b Planning Commission Resolution No. 2021-10
3. 5.1.c Planning Commission Staff Report (attachments not included) Dated July
13, 2021
4. 5.1.d Planning Commission Meeting Minutes Dated July 13, 2021
5. 5.1.e Letter from Michelle Brower (Verizon) Dated July 13, 2021
5.1
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4.3.b
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3.4.b
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ORDINANCE NO. 02 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL
WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO
AND TELEVISION ANTENNAS AND WIRELESS
TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22.44.020
(AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION
22.74.030 (APPEALS OF DECISIONS), AND SECTION 22.74.040
(FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS
GOVERNING THE DEPLOYMENT, AUGMENTATION, AND
RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment,” which established new limitations on local standards for the siting of, and
the processing of applications for, small wireless facilities by all local jurisdictions; and,
WHEREAS, the Order provides that all local jurisdictions must comply with various
restrictions on their exercise of aesthetic, zoning, public works, and fee authority when
considering applications for the installation of small wireless facilities; and,
WHEREAS, the Order is intended to facilitate the spread, growth, and
accumulation of small wireless facilities over a short period of time to ensure deployment
of 5G technology. The Order reduces the “shot clock” period allowable for cities to review,
comment upon, consider, and make a final determination on small wireless facility
applications for as many as 90 days for new facilities and as many as 60 days for
collocated and modified facilities; and,
WHEREAS, small wireless facilities are primarily installed within public rights-of-
way and as such create significant concerns regarding traffic and pedestrian safety,
aesthetics, protection and preservation of public property, and the health, safety, and
welfare of the general public; and,
WHEREAS, installation of small wireless facilities within the public right-of-way can
pose a threat to the public health, safety and welfare, including: disturbance to the right -
of-way through the installation and maintenance of wireless facilities; traffic and
pedestrian safety hazards due to the unsafe location of wireless facilities; land use
conflicts and incompatibilities, including excessive height of poles and towers; creation of
visual and aesthetic blights and potential safety concerns arising from excessive size,
heights, noise or lack of camouflaging of wireless facilities , including the associated
pedestals, meters, equipment and power generators; and the creation of unnecessary
visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on
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Ordinance No. 02 (2021)
2
co-location opportunities, which may negatively impact the unique quality and character
of the City; and,
WHEREAS, the City currently regulates all wireless telecommunications antenna
facilities within specified land use zones of the City as provided in Section 22.42.130
(Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of
the Diamond Bar Municipal Code, which does not specifically address the deployment of
small wireless facilities; and,
WHEREAS, the Federal Telecommunications Act of 1996 preempts and declares
invalid all state rules that restrict entry or limit competition in both local and long-distance
telephone service; and,
WHEREAS, the California Public Utilities Commission (“CPUC”) is primarily
responsible for the implementation of local telephone competition and the CPUC issues
certificates of public convenience and necessity to new entrants that are qualified to
provide competitive local telephone exchange services and related telecommunications
service, whether using their own facilities or the facilities or services provided by other
authorized telephone corporations; and,
WHEREAS, Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within this state;” and,
WHEREAS, Section 616 of the California Public Utilities Code provides that a
telephone corporation "may condemn any property necessary for the construction and
maintenance of its telephone line;” and,
WHEREAS, many wireless service providers are eligible to utilize the public righ t-
of-way pursuant to a Certificate of Public Convenience and Necessity, as issued by the
California Public Utilities Commission; and,
WHEREAS, Section 2902 of the California Public Utilities Code authorizes
municipal corporations to retain their powers of control to supervise and regulate the
relationships between a public utility and the general public in matters affecting the health,
convenience, and safety of the general public, including matters such as the use and
repair of public streets by any public utility and the location of the poles, wires, mains, or
conduits of any public utility on, under, or above any public streets. The primary and
highest purpose of public streets, rights-of-way, roads, and highways is the safe and
efficient accommodation of the traveling public, including without limitation motor vehicles,
automobiles, trucks, buses and other modes of public transportation, bicycles,
pedestrians, and emergency and first responder vehicles. Street signs, street lights, and
drainage systems also provide services and enhancements that protect and serve the
traveling public. The City Council finds that all other uses of the public right-of-way are
ancillary and secondary to the primary purpose and use of the public right -of-way and will
only be allowed to the extent such secondary uses do not impede the traveling public or
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Ordinance No. 02 (2021)
3
compromise the safety of the members of the public and the residents and businesses of
the City; and,
WHEREAS, Section 7901 of the California Public Utilities Code authorizes
telephone/telegraph corporations to construct telephone/telegraph lines upon any public
road or highway, along or across any of the waters or lands within this state, and to erect
poles, posts, piers, or abatements for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points as not to incommode
the public use of the road or highway or interrupt the navigation of the waters; and,
WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the right
of municipalities to exercise reasonable control as to the time, place, and manner in which
roadways, highways, and waterways are accessed, which control must be applied to all
entities in an equivalent manner; and,
WHEREAS, Section 50030 of the California Government Code states that permit
fees imposed by a city for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to
provide telecommunications services cannot exceed the reasonable costs of providing
service for which the fee is charged and cannot be levied for general revenue; and,
WHEREAS, state and federal law have changed substantially and the City is in
need of clear regulations for small wireless facility installations given the number of
anticipated applications and legal timelines upon which the City must act; and,
WHEREAS, the public right-of-way in the City is a uniquely valuable public
resource, closely linked with the City's scenic nature and rural character. The reasonably
regulated and orderly deployment of small wireless facilities in the public right -of-way is
desirable, and unregulated or disorderly deployment represents an ever-increasing threat
to the health, welfare, and safety of the community; and,
WHEREAS, the regulation of installations, including small wireless facilities, in the
public right-of-way is necessary to protect and preserve the aesthetics in the community,
as well as the values of properties within the City, and to ensure that such installations
are installed using the least intrusive means possible; and,
WHEREAS, the City Council recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent
with the current state of the law in ensuring that irreversible development activity does not
occur that would harm the public health, safety, or welfare; and,
WHEREAS, the City does not intend that this Ordinance prohibit or have the effect
of prohibiting the provision of telecommunications service; rather, this Ordinance includes
appropriate regulations to ensure that the deployment, augmentation, and relocation of
small wireless facilities in the City are conducted in such a manner as to lawfully balance
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the legal rights of applicants under the Federal Telecommunications Act, the
rules/regulations promulgated thereunder, and the California Public Utilities Code, while
at the same time, protecting the health, safety, and welfare of the general public and land
use concerns described herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Subsection (b) of Section 22.42.130 (Radio and Television Antennas
and Wireless Telecommunications Antenna Facilities) of Chapter 22.42 (Standards for
Specific Land Uses) of Title 22 (Development Code) of the Diamond Bar Municipal Code
is hereby amended to read as follows (deletions shown in strikethrough; additions shown
in bold/underline):
“(b) Applicability. The standards of this section apply to all earth station
antennas, amateur radio station antennas, and wireless
telecommunications antenna facilities, except for small wireless facilities
governed by and subject to the provisions of Section 22.42.135, which
shall be exempt from and not governed by the provisions of this
section.
SECTION II. Section 22.42.135 (Small Wireless Facilities) of Chapter 22.42
(Standards for Specific Land Uses) of Title 2 2 (Development Code) is hereby added to
the Diamond Bar Municipal Code, which shall read as follows:
Section 22.42.135. – Small wireless facilities.
(a) Purpose. The purpose of this section is to:
(1) Provide a uniform and comprehensive set of regulations and standards for
the permitting, development, siting, deployment, design, operation, and
maintenance of small wireless facilities in the City.
(2) Establish clear local guidelines, standards, and time frames for the exercise
of local authority with respect to the regulation of small wireless facilities in
the City.
(3) Impose clear and reasonable requirements so that applications for small
wireless facilities will be processed in a consistent and timely manner. This
section imposes requirements that are necessary to protect public health,
safety, welfare, aesthetics, and provide for the orderly, managed, and
efficient deployment of small wireless facilities in accordance with state and
federal laws, rules, and regulations.
(4) Provide for the orderly, managed, and efficient deployment of small wireless
facilities in accordance with state and federal laws, rules, and regulations ,
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and permit and manage reasonable access to public rights -of-way of the
City for telecommunications purposes on a competitively neutral basis.
(5) Enable the City to discharge its public trust responsibilities consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development through the encouragement of advanced
and competitive telecommunications services on the widest possible
equivalent basis to the businesses, institutions, and residents of the City
while continuing to fairly and responsibly protect the public health, safety,
and welfare.
(6) Promote and protect public health, safety, welfare, and the aesthetic quality
of the City consistent with the goals, objectives, and policies of the General
Plan.
(7) Conserve the limited physical capacity of public rights-of-way held in public
trust by the City.
(8) Assure that the City’s current and ongoing costs of granting and regulating
private access to and use of public rights -of-way are fully paid by the
persons seeking such access and causing such costs while securing fair
and reasonable compensation for the City and the residents of the City for
permitting private use of public rights -of-way, within the limits established
by the FCC.
(b) Interpretation. This section is not intended nor shall it be interpreted to:
(1) Prohibit or effectively prohibit any small wireless service provider's ability to
deploy small wireless facilities.
(2) Prohibit or effectively prohibit any entity's ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations for rights-of-way management.
(3) Unreasonably discriminate among providers of functio nally equivalent
services.
(4) Deny any request for authorization to place, construct, or modify small
wireless facilities on the basis of environmental effects of radio-frequency
emissions to the extent that the small wireless facilities comply with the
FCC's regulations concerning such emissions.
(5) Prohibit any co-location or modification that the City may not deny under
federal or state law.
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(c) Definitions. For the purpose of this section, the following words and terms shall
have the meaning set forth herein unless the context clearly indicates or requires
a different meaning.
Accessory Equipment means any equipment, other than antenna equipment,
associated with the installation of a small wireless facility.
Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may
be amended or superseded, which defines that term as an apparatus designed for
the purpose of emitting radiofrequency radiation, to be operated or operating from
a fixed location, for the provision of personal wireless service and any commingled
information services.
Antenna Equipment means the same as defined by the FCC in 47 C.F.R. §
1.6002(c), as may be amended or superseded, which defines the term as
equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
Antenna Facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d),
as may be amended or superseded, which defines the term as an antenna and
associated antenna equipment.
Applicant means a person or entity that submits an application for a Small Wireless
Facility Permit under the provisions of this section and the agents, employees, and
contractors of such person or entity.
Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as
may be amended or superseded, which defines that term as mounting or installing
an antenna facility on a pre-existing structure, and/or modifying a structure for the
purpose of mounting or installing an antenna facility on that structure.
Decorative Pole means any pole that includes decorative or ornamental features,
design elements and/or finials intended to enhance the appearance of the pole or
the public rights-of-way in which the pole is located.
Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as
may be amended or superseded, which defines the term as placement,
construction, or modification of a personal wireless service facility.
Director means the Community Development Director for the City of Diamond Bar,
or his or her designee.
FCC means the Federal Communications Commission or its duly appointed
successor agency.
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Modification means any change to a small wireless facility that involves any of the
following: co-location, expansion, alteration, enlargement, intensification, or
augmentation, including, but not limited to, a change in size, shape, color, visual
design, or exterior material. Modification does not include repair, replacement, or
maintenance if those actions do not involve a change to the small wireless facility
involving any of the following: co-location, expansion, enlargement, intensification,
or augmentation.
New Pole means any pole erected or installed after the effective date of this
section. The term “New Pole” does not include a “Replacement Pole” as defined
in this section.
Pole means a single shaft of wood, steel, concrete, or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and
as required by provisions of this Code.
Public Right-of-Way or Right-of-Way means any public street, public way, public
alley, or public place, laid out, reserved, or dedicated for street, sidewalk, storm
drainage, bicycle path, or other public uses or purposes under the jurisdiction of
the City.
Public Works Director means the Public Works Director of the City, or his or her
designee.
Replacement Pole means and shall only include a pole or structure that replaces
a pole in the exact same location in order to accommodate small wireless facilities.
Small wireless facility or facility means the same as defined by the FCC in 47
C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as
a facility that meets each of the following conditions:
(1) The facility is: (i) mounted on structures 50 feet or less in height including
their antennas; or (ii) mounted on structures no more than 10 percen t taller
than other adjacent structures; or (iii) does not extend existing structures on
which it is located to a height of more than 50 feet or by more than 10
percent, whichever is greater;
(2) Each antenna associated with any deployment, excluding associa ted
antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre -existing
associated equipment on the structure, is no more than 28 cubic feet in
volume;
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(4) The facility does not require antenna structure registration under 47 C.F.R.
Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation
in excess of the applicable safety standards specified in 47 C.F.R.
1.1307(b).
Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as
may be amended or superseded, which defines the term as a pole, towe r, base
station, or other building, whether or not it has an existing antenna facility, that is
used or to be used for the provision of personal wireless service (whether on its
own or comingled with other types of services).
(d) Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to
the contrary, this section shall govern all applications for Small Wireless Facility
Permits in the City.
(e) Required approvals.
(1) A Small Wireless Facility Permit shall be requ ired to locate or modify any
small wireless facility on a pole, new pole, replacement pole, or structure
located within the City, including without limitation on any public rights -of-
way, public property, or private property. No small wireless facility shall be
located or modified within the City without the issuance of an administrative
Small Wireless Facility Permit, as required by this section. The Director, in
consultation with the Public Works Director, shall have the authority to
approve, approve with conditions, or deny any application for the
deployment or modification of a small wireless facility.
(2) Each Applicant for a Small Wireless Facility Permit pursuant to this section
proposed for location in or on any public right -of-way within the City shall
also submit an application for an Encroachment Permit pursuant to the
provisions of Chapter 12.04 (Streets and Sidewalks) of this Code. The
application for an Encroachment Permit shall be processed, reviewed, and
approved concurrently with the application for a Small Wireless Facility
Permit pursuant to the provisions of this section.
(3) An administrative approval granted under this section shall not confer any
exclusive right, privilege, license, or franchise to occupy or use the public
right-of-way of the City for delivery of telecommunication services of any
kind or for any other purposes.
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(4) All required approvals under this section shall be processed in conformance
with the time periods established by applicable state and federal law, and
FCC regulations and orders.
(5) Upon a showing by the Applicant that any requirement in this section would
prohibit or have the effect of prohibiting the provision of personal wireless
service through the wireless service provider's deployment of small
wireless facilities, the Director shall have the authority to modify or waive
such requirement.
(f) Application content. Each Applicant for a Small Wireless Facility Permit shall file a
written, signed, and verified application on such form as the Director may
prescribe, and shall provide the information, documents, and fees specified in this
subsection:
(1) Full name and contact information of the small wireless facility owner, small
wireless facility operator, agent (if any), and property owner, and related
letter(s) of authorization from the small wireless facility and/or property
owner.
(2) A full written description of the proposed small wireless facility, including its
purpose, specifications, and placement of backup generator (if applicable).
(3) A detailed site plan or photo simulation of the small wireless facility
containing the exact proposed location of the small wireless facility, and any
existing wireless facilities within a five hundred (500) foot radius of the
proposed location.
(4) Photographs of all proposed small wireless facility equipment and an
accurate visual impact analysis with photo simulations, including
reasonable line-of-sight locations from public streets, nearby vicinity, or
other adjacent viewpoints as may be required by the Director, in
consultation with the Public Works Director, and a map that shows the photo
location of each view angle.
(5) Building elevations and roof plan (for building- and/or rooftop-mounted
small wireless facilities) indicating exact location and dimensions of
equipment proposed. For all other small wireless facilities not mounted to a
building or rooftop, indicate surrounding grades, structures, and
landscaping from all sides.
(6) Proposed landscaping and/or nonvegetative screening plan for all aspects
of the small wireless facility.
(7) Written documentation demonstrating that the proposed location complies
with all applicable aesthetic and development standards set forth in this
section and that the proposed small wireless facility will be screened to the
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greatest extent feasible in accordance with the design and development
standards listed within this section.
(8) If the application is for a small wireless facility that will be located within the
public right-of-way, the Applicant shall state the basis for its claimed right to
enter the right-of-way, and provide a copy of its certificate of public
convenience and necessity (CPCN), if a CPCN has been issued by the
California Public Utilities Commission.
(9) Evidence from the equipment manufacturer th at the ambient noise emitted
from all proposed equipment will not, both individually and cumulatively,
exceed the applicable noise limits as found in Division 3 (Noise Control) of
Chapter 8.12 (Environmental Protection) of this Code.
(10) Evidence that demonstrates that the small wireless facility’s antennas do
not exceed three (3) cubic feet in volume per antenna, and all other
equipment (antenna equipment and accessory equipment) does not
collectively exceed twenty-eight (28) cubic feet in volume.
(11) An application and processing fee in an amount consistent with FCC
regulations as established by a resolution by the City Council for the
estimated cost of the City, including staff time, and all other costs of
whatever type or variety, incurred for the processing, review, commenting
upon, evaluation, and consideration of the small wireless facility application.
(12) A radio-frequency (RF) exposure compliance report prepared and certified
by an electrical engineer licensed by the State of California that certifies that
the proposed small wireless facility, as well as any collocated facilities, will
comply with applicable federal RF exposure standards and exposure limits.
(g) Design and development standards for small wireless facilities.
(1) Small wireless facilities shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, inconvenience to the
public's use of the public right-of-way, or create safety hazards to
pedestrians and motorists.
(2) Small wireless facilities shall not be located within any portion of the public
right-of-way interfering with access to fire hydrants, fire stations, water
valves, underground vaults, valve housing structures, utility lines or
facilities, or any other vital public health and safety facility.
(3) The Applicant shall use screening and camouflage design techniques in the
design and placement of small wireless facilities to ensure such facilities
are as visually inconspicuous as possible.
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(4) Small wireless facilities shall be sited at least five hundred (500) feet away
from other small wireless facilities to avoid an over-concentration of such
facilities, to preserve community aesthetics, and to avoid the creation of
potential hazards or inconvenience to the travelling public. Collocated small
wireless facilities on the same pole/structure are not required to meet this
minimum spacing standard with respect to one another.
(5) To preserve community aesthetics, all small wireless facilities, excluding
antennas and aboveground vents, shall be pole-mounted or placed
underground, flush to the finished grade, whenever there are no physical or
site constraints to make undergrounding infeasible, except as may be
determined by the Director, in consultation with the Public Works Director.
Infeasibility shall not be demonstrated by the mere cost to place the
equipment underground.
(6) If an Applicant proposes to replace a pole to accommodate the small
wireless facility, the replacement pole shall match the appearance of the
original pole, including height, width and silhouette to the extent feasible,
unless the Director, in consultation with the Public Works Director, finds that
another design accomplishes the objectives of this subsection.
(7) Small wireless facilities may incorporate reasonable and appropriate
security measures, such as fences, walls, and anti -climbing devices, to
prevent unauthorized access, theft, and vandalism. Security measures
must be designed to enhance concealment to the maximum extent feasible.
Security measures shall not include barbed wire, razor ribbon, electrified
fences or any similar security measures.
(8) Small wireless facilities shall not be installed on decorative poles, except as
may be determined by the Director, in consultation with the Public Works
Director.
(h) Installation and operation requirements for small wireless facilities.
(1) Small wireless facilities shall be operated in a manner so as to avoid any
significant adverse impacts caused by noise.
a. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 10:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any small wireless facility exceed
the applicable noise levels as established in Division 3 (Noise Control)
of Chapter 8.12 (Environmental Protection) of this Code.
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(2) Small wireless facilities shall not bear any signs or advertising devices other
than certification, warning, or other signage required by law or permitted by
the City.
(3) Small wireless facility equipment shall not be illuminated unless specifically
required by the Federal Aviation Administration, the FCC, or other
governmental agency.
(4) Only pole-mounted small wireless facilities shall be permitted in the public
right-of-way. All poles shall be designed to be the minimum functional
height and width required to support the proposed small wireless facility
installation and meet FCC requirements.
(5) Pole-mounted equipment shall be designed to occupy the least amount of
space in the public right-of-way that is technically feasible.
(6) If a small wireless facility is sited on the exterior of a pole, equipment shall
not be installed in such a manner that would preclude possible future co-
location by the same or other operators.
(7) Each antenna associated with any deployment shall be no more than three
(3) cubic feet in volume. All other equipment associated with the small
wireless facility, including associated antenna equipment and accessory
equipment, shall be no more than twenty-eight (28) cubic feet in volume.
(8) Small wireless facilities must be mounted on structures fifty (50) feet or less
in height including their antenna, or mounted on structures no more than
ten (10) percent taller than other adjacent structures, or which do not extend
existing structures on which the small wireless facility is located to a height
of more than fifty (50) feet or by more than ten (10) percent, whichever is
greater.
(9) Small wireless facilities shall be maintained in good working order and
condition and shall be fully operable at all times. Each small wireless facility
shall be clean and free of general dirt and grease; chipped, faded, peeling,
and cracked paint; rust and corrosion; cracks, dents, and discoloration;
missing, discolored, or damaged artificial foliage or other camouflage;
graffiti, bills, stickers, advertisements, litter and debris; and damaged
structural parts.
(i) Conditions of approval for small wireless facilities. In addition to compliance with
the requirements of Section 22.42.135, approval of small wireless facilities shall
be subject to each of the following conditions of approval:
(1) In the event the deployment of a small wireless facility, as approved
pursuant to this section, requires a Building Permit under the provisions of
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this Code, all conditions and restrictions imposed on the Small Wireless
Facility Permit and Encroachment Permit approved pursuant to the
provisions of this section shall be incorporated in, and made a condition of
such Building Permit. All conditions shall be binding as to the Applicant and
all successors in interest to permittee. The permittee shall construct, install,
and operate the small wireless facility in strict compliance with all approved
permits.
(2) The permittee shall submit and maintain current at all times basic c ontact
and site information on a form as may be provided by the Director, in
consultation with the Public Works Director. The permittee shall notify the
Director of any changes to the information submitted within seven (7) days
of any change, including change of the name or corporate legal status of
the owner or operator. This information shall include, but is not limited to,
the following:
a. Identity, including the name, address and 24 -hour local or toll-free
contact phone number of the permittee, the owner, the operator, and the
agent or person responsible for the maintenance of the small wireless
facility.
b. The corporate legal status of the owner of the small wireless facility,
including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different
than the permittee.
(3) The permittee shall not place any small wireless facility in a manner that will
deny access to, or otherwise interfere with, any public utility, easement, or
right-of-way located on the site. The permittee shall allow the City and utility
providers reasonable access to, and maintenance of, all utilities and existing
public improvements within or adjacent to the site, including, but not limited
to, pavement, trees, public utilities, lighting, and public signage.
(4) At all times, all required notices and signs shall be posted on the site as
required by the FCC and California Public Utilities Commission, and as
approved by the City. The location and dimensions of a sign bearing the
emergency contact name and telephone number shall be posted pursuant
to the approved plans.
(5) At all times, the permittee shall ensure that the small wireless facility
complies with the most current regulatory and operational stand ards,
including, but not limited to, radio-frequency emissions standards, adopted
by the FCC and antenna height standards adopted by the Federal Aviation
Administration.
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(6) The permittee shall assume full liability for damage or injury caused to any
property or person by the small wireless facility.
(7) The permittee shall agree to the following indemnity provision, as approved
by the City Attorney, which shall substantially read as follows: The permittee
shall agree to save, indemnify, and keep harmless the City and all its
officers, agents, employees, departments and agencies against all
liabilities, judgments, costs and expenses which may in any manner or form
accrue against the City or against any of its officers, agents, employees,
departments or agencies in consequence of the issuance or granting of a
Small Wireless Facility Permit or in consequence of the use or occupancy
of any sidewalk, street or other public place, or in any other wise by virtue
thereof, and will in all things strictly comply with the conditions of the Small
Wireless Facility Permit and with this Code, all ordinances, rules and
regulations of the City relating to the Small Wireless Facility Permit.
(8) All conditions of approval shall be binding as to the Applicant and all
successors in interest to the permittee.
(j) Additional conditions of approval for small wireless facilities in the public right -of-
way. In addition to the required approvals of Section 22.42.135, approval of small
wireless facilities in the public right-of-way shall be subject to the following
conditions of approval:
(1) The small wireless facility shall be subject to such conditions, changes or
limitations as are from time to time deemed necessary by the Director, in
consultation with the Public Works Director, for the purpose of:
a. Protecting the public health, safety, and welfare;
b. Preventing interference with pedestrian and vehicular traffic; and
c. Preventing damage to the public right-of-way or any property adjacent
to it.
(2) The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the
prior written consent of the owner of that structure, improvement, or
property. No structure, improvement, or property owned by the City shall be
moved to accommodate a small wireless facility unless the Director, in
consultation with the Public Works Director, determines that such
movement will not adversely affect the City or any surrounding businesses
or residents, and the permittee pays all costs and expenses related to the
relocation of the City's structure, improvement, or property. Prior to
commencement of any work pursuant to an Encroachment Permit issued
for any small wireless facility within the public right-of-way, the permittee
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shall provide the City with documentation establishing to the City's
satisfaction that the permittee has the legal right to use or interfere with any
other structure, improvement, or property within the public right-of- way to
be affected by the permittee's small wireless facility.
(3) The permittee shall repair, at its sole cost and expense, any damage including,
but not limited to subsidence, cracking, erosion, collapse, weakening, or loss
of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways,
slopes, street lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility lines and systems, or sewer systems
and sewer lines that result from any activities performed in connection with the
installation or maintenance of a small wireless facility in the public right -of-way.
The permittee shall restore such areas, structures, and systems to the condition
in which they existed prior to the installation or maintenance that necessitated
the repairs. In the event the permittee fails to complete such repair within 15
calendar days stated on a written notice by the Public Works Director, or such
shorter timeframe as the Public Works Director may provide in the event of
health and safety issues, the Public Works Director shall cause such repair to
be completed at permittee's sole cost and expense.
(4) The permittee shall modify, remove, or relocate its small wireless facility, or
portion thereof, without cost or expense to the City, if and when made
necessary by:
a. Any public improvement project, including, but not limited to, the
construction, maintenance, or operation of any underground or
aboveground public infrastructure including but not limited to sewers,
storm drains, conduits, gas, water, electric or other utility systems, or
pipes owned by the City or any other public agency;
b. Any abandonment of any street, sidewalk, or other public facility; or
c. Any change of grade, alignment or width of any street, sidewa lk, or other
public facility.
(5) Any modification, removal, or relocation of the small wireless facility shall
be completed within one hundred eighty (180) days of written notification by
the Director, in consultation with the Public Works Director, unless
exigencies dictate a different period for removal or relocation. Modification
or relocation of the small wireless facility shall require submittal, review, and
approval of a permit amendment pursuant to this Code. The permittee shall
be entitled, on permittee's election, to either a pro-rata refund of fees paid
for the original permit or to a new permit, without additional fee, at a location
as close to the original location as the standards set forth in this Code allow.
In the event the small wireless facility is not modified, removed, or relocated
within said period of time, the City may cause the same to be done at the
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sole cost and expense of permittee. In the event of exigent circumstances,
as determined by the Director, in consultation with the Public Works
Director, the City may modify, remove, or relocate small wireless facilities
without prior notice to the permittee provided that the permittee is notified in
writing within a reasonable period thereafter.
(k) Abandonment or discontinuation of use.
(1) Small wireless facilities that have not provided wireless communication
services for a cumulative period of ninety (90) days in a one (1) year period
shall be considered abandoned and shall be removed promptly from the
premises no later than three (3) months after written notification is sent by
the Director to the operator of the small wireless facility and property owner.
Such removal shall be in accordance with proper health and safety
requirements and all ordinances, rules and regulations of the City. The
permittee shall send to the City a copy of the discontinuation notice required
by the California Public Utilities Commission or FCC at the time the notice
is sent to the regulatory agencies.
(2) Small wireless facilities that are abandoned but not removed within the
required three (3) month period from the date of notice shall be in violation
of this section, and the operators of the small wireless facility and the
owners of the property shall be subject to pena lties for violations under the
enforcement and penalties provisions of this Code. The City may remove
all abandoned small wireless facilities following the three (3) month removal
period at the operators' expense. Facilitie s removed by the City shall be
stored for no less than fifteen (15) days and thereafter disposed of as
permitted by law.
(l) Appeals. A decision of the Director pursuant to this section may be appealed by
the Applicant or permittee to the City Manager pursuant to Chapter 22.74
(Appeals) of this Code, and such appeal shall be reviewed and decided in
conformance with the time periods and procedures established by applicable state
and federal law, and FCC regulations and orders.
SECTION III. Section 22.74.030 (Appeals of Decisions) of Chapter 22.74
(Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby
revised to read as follows (deletions in strikethrough; additions in bold/underline):
Determinations and actions that may be appealed, and the authority to act on an appeal
shall be as follows:
(1) Director and hearing officer appeals. A decision rendered by the director or
hearing officer may be appealed to the commission ; except that a decision
by the director pursuant to Section 22.42.135 related to small wireless
facilities may be appealed to the city manager; and
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Ordinance No. 02 (2021)
17
(2) Commission appeals. A decision rendered by the commission may be
appealed to the council.
SECTION IV. Subsection (a) of Section 22.74.040 (Filing and Processing of
Appeals) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar
Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions
in bold/underline):
(a) Timing and form of appeal. Appeals shall be submitted in writing and filed with
the department or city clerk, as applicable, on a city application form, within
ten days after the date the decision is rendered by the director or the adoption
of the resolution by the hearing officer or commission. The a ppeal shall
specifically state the pertinent facts of the case and the basis for the appeal.
Appeals addressed to the commission or city manager shall be filed with the
department, while appeals addressed to the council shall be filed with the city
clerk. Appeals shall be accompanied by the filing fee set by the city's fee
resolution.
SECTION V. Table 4-1 (Review Authority) in Section 22.44.020 (Authority for Land
Use and Zoning Decisions) of Chapter 22.44 (Applications, Processing, and Fees) of Title
22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to add
a new row for “Small Wireless Facility Permit”, to be placed in alphabetical order within
said Table, to read as follows (deletions in strikethrough; additions in bold/underline):
Type of Permit
or Decision
Director Hearing Officer Planning
Commission
City Council
Small
Wireless
Facility Permit
Final*
*A decision rendered by the director pursuant to Section 22.42.135 related to small
wireless facilities may be appealed to the city manager , whose decision shall be
final.
SECTION VI. Public Resources Code § 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The proposed Ordinance does
not have the potential to result in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, as the Ordinance
does not call for any change in the existing environmental conditions within the City. The
proposed Ordinance merely updates existing City regulations to reflect the FCC’s new
laws governing the deployment of small wireless facilities, which are already permitted
uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA.
(Public Resources Code § 21065; CEQA Guidelines § 15378(a).)
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Ordinance No. 02 (2021)
18
Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates existing
City regulations to reflect the FCC’s new laws governing the deployment of small wireless
facilities and does not authorize new programs or activities. The proposed Ordinance calls
for the continued operation of small wireless facilities involving no expansion of the
existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the
Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of
limited numbers of new, small facilities or structures; installation of small new equipment
and facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of new,
small wireless facilities on pre-existing or new small structures within the City, therefore,
the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption.
SECTION VII. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION VIII. The City Clerk shall attest and certify to the passage and adoption
of this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this _____ day of _______, 2021.
THE CITY OF DIAMOND BAR:
__________________________
Nancy A. Lyons, Mayor
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Ordinance No. 02 (2021)
19
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 3rd day of August, 2021, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the ____ day of ______,
2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 8.3
MEETING DATE: July 13, 2021
CASE/FILE NUMBER: Development Code Amendment Planning Case
No. PL2021-44
PROJECT LOCATION:
Citywide
APPLICATION REQUEST: To add a new section 22.42.135 and to amend
sections 22.42.130, 22.42.020, 22.74.030, and
22.74.040 of Title 22 of the Diamond Bar
Municipal Code (“Development Code”) to enact
regulations governing the development,
augmentation, and relocation of small wireless
facilities in accordance with state and federal
law.
APPLICANT:
STAFF RECOMMENDATION:
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment Planning Case No. PL2021-44
The following report was prepared by Assistant City Attorney James Eggart.
SUMMARY:
The proposed amendments to the Development Code would enact separate regulations
governing the development, augmentation, and relocation of “small wireless facilities” in
the City consistent with federal law.
BACKGROUND:
On September 26, 2018, the Federal Communications Commission (“FCC”) adopted its
Declaratory Ruling, Third Report, and Order (“Order”) in the matter of “Accelerating
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Development Code Amendment Planning Case No. PL2021-44
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Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.”
The Order establishes a new category of “small wireless facilities” and limits and
preempts the ability of cities to regulate the deployment of small wireless facilities, both
inside and outside of the public right-of-way, and imposes strict processing
requirements that cities must adhere to for small wireless facility applications. These
requirements are in addition to preexisting federal requirements that prevent cities from
adopting regulations that “effectively prohibit” the provision of wireless service. The
Order is intended to facilitate the spread, growth, and accumulation of small wireless
facilities over a short period of time to ensure deployment of new 5G technology that the
FCC claims will enable increased competition in healthcare, Internet of Things
applications and lifesaving car technologies, among other things, and create jobs,
possibly increasing the U.S. economy by as much as $100 billion by speeding up the
deployment of small wireless facilities by only one year.
To fully comply with the FCC’s new regulations and to minimize any potential conflicts
with telecommunication service providers, the proposed Ordinance creates an
administrative permit review process for the deployment of small wireless facilities
located within the City.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Summary of the FCC’s Order
The FCC’s Order establishes a new category of “small wireless facilities,” which are
defined as follows:
• They are mounted on structures 50 feet or less in height including their antennas,
or no more than 10 percent taller than other adjacent structures, or do not extend
existing structures on which they are located to a height of more than 50 feet or
by more than 10 percent, whichever is greater;
• Each antenna is no more than three (3) cubic feet in volume, excluding
associated antenna equipment;
• All equipment associated with the antenna and any pre -existing associated
equipment is no more than 28 cubic feet in volume; and
• The facilities do not expose people to radio frequency (RF) radiation in excess of
FCC standards.
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Development Code Amendment Planning Case No. PL2021-44
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Under the FCC’s Order, local regulations of small wireless facilities concerning
aesthetics, undergrounding, and spacing must be reasonable, meaning technically
feasible and reasonably related to the harms created by unsightly deployments.
The Order also reduces the “shot clock” period allowable for cities to review, comment
upon, consider, and make a final determination on small wireless facility ap plications to
sixty (60) days for collocation on preexisting structures and ninety (90) days for new
builds.
Finally, the FCC’s Order further limits the extent to which cities may impose fees on
small wireless facility deployments, including fees for processing applications, the use of
the public right-of-way, and the privilege of attaching or using fixtures and structures in
the public right-of-way that are owned or controlled by the City. If the proposed
Ordinance is approved, Staff will recommend the City Council also adopt new fees for
small wireless facility deployments in line with the presumptively reasonable “safe
harbor” fee amounts that are established in the FCC’s Order.
Legal Challenges to FCC’s Order
Lawsuits were filed across the country by numerous local governments challenging
several components of the FCC’s Order and on August 12, 2020, the Ninth Circuit Court
of Appeals issued a ruling in the consolidated litigation clarifying the scope of local
government authority to regulate small cell facilities (City of Portland et al v. United
States et al, 969 F.3d 1020).
The Court upheld most of the FCC’s Order, including the FCC’s requirements limiting
fees charged by local governments for the deployment of small wireless facilities and
access to the public rights-of-way and the FCC’s requirements pertaining to the
shortened shot clock timeframes. The Court, however, vacated a requirement in the
Order that aesthetic regulations on small wireless facilities be no more burdensome
than those applied to other technologies.
The 1996 Telecommunications Act specifies that state and local governments “shall not
unreasonably discriminate among functionally equivalent services.” (47 U.S.C.
332(c)(7)(B)(i)(l).) By preempting only local regulations that “unreasonably discriminate,”
Congress sought to preserve local flexibility to treat facilities that create different
aesthetic concerns differently, even if those facilities provide functionally equivalent
services. The Ninth Circuit Court of Appeals found that the FCC’s Order exceeded the
“unreasonable discrimination” standard of the 1996 Telecommunications Act by
specifying that local aesthetic requirements placed on small cell facilities be “no more
burdensome” than other telecommunication technologies, and vacated this provision of
the Order. The result is that cities may impose aesthetic requirements specific to small
wireless facility deployments, as long as the requirements are technically feasible,
reasonably directed at remedying aesthetic harms, and do not unreasonably
discriminate between small wireless facilities and other wireless technologies.
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Development Code Amendment Planning Case No. PL2021-44
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The coalition of local governments and local government associations that initiated the
litigation — including the League of California Cities — joined a petition seeking review
of the Ninth Circuit’s decision by the United States Supreme Court. However, on
June 28, 2021, the United States Supreme Court denied the petition for review.
Current Enforcement
The City currently regulates all wireless telecommunication facilities pursuant to
Section 22.42.130 (Radio and television antennas and wireless telecommunications
antenna facilities) of the Development Code. The purpose of Section 22.42.130 is to
establish development standards and land use controls for the installation and
maintenance of radio and television antennas and wireless telecommunications antenna
facilities in the City; however, the Development Code has not been updated to reflect
the new legal requirements for the deployment of small wireless facilities, as set forth by
the FCC’s Order.
Proposed Development Code Amendments
Small wireless facilities are primarily installed within the public right-of-way and create
local concerns for traffic and pedestrian safety, aesthetics, protection and preservation
of public property, and the health, safety, and welfare of the general public. The
proposed Development Code amendments acknowledge the City’s need to provide for
the orderly, managed, and efficient deployment of small wireless facilities whi le
complying with the FCC’s Order.
The proposed Ordinance would exempt “small wireless facilities” from the requirements
set forth in Section 22.42.130 and enact a new Section 22.42.135 specifically governing
“small wireless facilities” as defined in the FCC’s Order. The new Section 22.42.135
would create an administrative permit review process for the deployment of small
wireless facilities located within the City. Specifically, a Small Wireless Facility Permit
will be required to locate or modify any small wireless facility on any property within the
City. The Community Development Director, in consultation with the Public Works
Director, will have the authority to approve, approve with conditions, or deny any
application for a Small Wireless Facility Permit. Small wireless facilities that seek
deployment within the public rights-of-way would also be required to obtain an
Encroachment Permit pursuant to the provisions of Chapter 12.04 (Streets and
Sidewalks) of the Municipal Code.
The proposed Ordinance establishes objective criteria with respect to small wireless
facilities by creating a permitting process, a list of submittal requirements, design and
development standards, installation and operation requirements, standard conditions of
approval, abandonment or discontinuation of use requirements, and an appeals
process. Lastly, minor amendments are also proposed to Section 22.74.030 (Appeals
of Decisions) and Section 22.74.040 (Filing and Processing of Appeals) to provide that
appeals of the Community Development Director’s decision on a small wireless facility
permit determination would be made to the City Manager, in order to ensure that the
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Development Code Amendment Planning Case No. PL2021-44
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City is able to comply with the short “shot clock” timeframes set forth in the FCC’s
Order.
ENVIRONMENTAL REVIEW:
Public Resources Code § 21065 defines "project" as "an activity which may cause either
a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment." The proposed Ordinance does not hav e the
potential to result in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, as the Ordinance does not call
for any change in the existing environmental conditions within the City . The proposed
Ordinance merely updates existing City regulations to reflect the FCC’s new laws
governing the deployment of small wireless facilities, which are already permitted uses
within the City. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public
Resources Code § 21065; CEQA Guidelines § 15378(a).)
Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates
existing City regulations to reflect the FCC’s new laws governing the deployment of
small wireless facilities and does not authorize new programs or activities. The
proposed Ordinance calls for the continued operation of small wireless facilities
involving no expansion of the existing uses. As a result, the proposed Ordinance is
exempt from CEQA pursuant to the Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of limited
numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of
new, small wireless facilities on pre-existing or new small structures within the City,
therefore, the proposed Ordinance is exempt from CEQA pursuant to the Class 3
exemption.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
July 2, 2021, in a 1/8 page display. Pursuant to Planning and Zoning Law Government
Code Section 65091(a)(4), if the number of property owners to whom a public hearing
notice would be mailed is greater than 1,000, a local agency may provide notice by
placing a display advertisement of at least 1/8 page in one newspaper of general
circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
PREPARED BY:
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Development Code Amendment Planning Case No. PL2021-44
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REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
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PLANNING COMMISSIONPAGE 6JULY 13, 2021
cleaned up in a timely manner as this would not reflect positively on the business.
Dr. Kumar also explained that hospitals and sick animals generally do not
produce a lot of noise.
Chair/Rawlings closed the public hearing.
C/Wolfe moved, C/Barlas seconded, to approve Conditional Use Permit No.
PL2020-120, based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution. Motion carried by the following Roll Call
vote:
Barias, Mok, Wolfe, Chair/Rawlings
None
VC/Garg
COMMISSIONERS
COMMISSIONERS
AYES:
NOES:
ABSENT: COMMISSIONERS
Development Code Amendment PL2021-44 - Under the authority of Diamond
Bar Municipal Code (DBMC) Section 22.70, the City of Diamond Bar proposes to
amend the following sections of Title 22 of the DBMC (“Development Code") to
enact regulations governing the deployment, augmentation and relocation of
small wireless facilities in the City, in accordance with State and Federal law by
adding a new Section 22.42.135 and amending Sections 22.42.130, 22.44.020,
22.74.030 and 22.74.040.
8.3
CITYWIDEPROJECT ADDRESS:
City of Diamond Bar
Community Development Department
C/Wolfe commented that the staff report had detailed information and requested
to forgo staff's presentation if there are no public comments.
APPLICANT:
Chair/Rawiings opened the public hearing.
Chair/Rawlings closed the public hearing.
C/Wolfe moved, C/Barias seconded, to adopt a Resolution recommending City
Council approval of Development Code Amendment (Planning Case
No. PL2021-44). Motion carried by the following Roll Call vote:
Barias, Mok, Wolfe, Chair/Rawlings
None
VC/Garg
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
AYES:
NOES:
ABSENT:
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Agenda #: 3.5
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO THE CITY OF DIAMOND BAR CLASSIFICATION
AND COMPENSATION PLAN RELATED TO THE FINANCE
DEPARTMENT AND PART-TIME NON-BENEFITTED EMPLOYMENT
POSITIONS.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Adopt Resolution No. 2021-41 establishing a Finance Supervisor classification;
amending the job titles and pay scaled for part-time non-benefitted classifications of
employment; and providing temporary hiring incentives and tuition reimbursement
program participation for FY 2021/22 for part-time non-benefitted classifications of
employment.
FINANCIAL IMPACT:
There is no financial impact. It is estimated that the establishment and fi lling of a
Finance Supervisor position will cost no more than $5,000 for FY 2021/22 and that the
cost of implementing the recommended changes to the part -time non-benefitted
classification and compensation schedule, as well as establishing temporary hiring
incentives to cost approximately $68,000 for the remainder of FY 2021/22. These costs
can be paid for with existing budgeted resources for FY 2021/22 due to salary savings
from vacant positions.
BACKGROUND:
The City of Diamond Bar prides itself on high quality programs, facilities, events and
staff that improve the quality of life by enhancing the sense of pride found throughout
the community. The Strategic Plan further articulates this through strategies that
provide excellent customer service through an open, engaged and responsive
government and a high-performing organization. The recruitment, development and
retention of professional employees is a key component to the City’s ability to deliver a
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high level of service, employ best public sector pra ctices and enhance the quality of life
in the community.
Like many employers, the City has been impacted by the COVID -19 global pandemic
which has created an unpredictable hiring environment. City staff have observed over
the last several months that it is a “candidate’s market” with many job opportunities for
prospective employees to choose from for both part-time and full-time positions which
creates significant competition between employers for top talent. Two City
departments, Finance and Parks and Recreation, have faced separate and distinct
staffing challenges over the past few months, which if not addressed in some manner,
may be detrimental to the City’s ability to deliver certain City programs and services. In
response to these challenges, staff is recommending that the City Council approve the
following actions:
• Establish and fund a new Finance Supervisor classification, salary range and
associated benefits;
• Revise job titles and pay scale for part-time non-benefitted classifications of
employment;
• Establish temporary hiring incentives for FY 2021/22 for part -time non-benefitted
classifications of employment to include new hire and referral stipends up to $500
and tuition reimbursement up to $500 once per year for employees after 12 months
of service.
Background on the specific recruitment and retention challenges for each department
are detailed below.
Finance Department
In the past five months, the Finance Department saw three of its five full-time staff leave
the City. One accepted a job offer at another city in April, while the other two
employees retired. To address this, City staff were able to mitigate the issue by re -
assigning work to existing employees, hiring an Interim Finance Director, and part -time
temporary staff to fill in the gaps and keep the department operations going.
The Finance Department is staffed by five full-time employees and one part-time Intern.
The current organizational structure consists of a Finance Director, Senior Accountant,
Accountant, and two Accounting Technicians. The Finance Department’s functional
responsibilities include Budget Preparation, Payroll, Accounts Payable and Receivable,
Audits, Local, State and Federal Compliance Reporting, Purchasing and Contracts,
False Alarm Billing, Bank Account Reconciliation, Investments, Comprehensive Annual
Financial Reporting, Records Management and Fixed Asset and Inventory. In July
2020, the department also implemented a new financial software, which still requires
significant fine tuning in order to develop current and new business processes to utilize
the system to its fullest capabilities.
The status of the three vacancies are as follows: the Finance Director position was filled
in July; interviews are being scheduled for the Accountant position that was vacated in
June; and no recruitment has been initiated for the Senior Accountant position, as the
incumbent retired in early September. Since the Senior Accountant’s announced
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retirement, considerable thought, analysis, and discussion has taken place to evaluate
the position’s duties in regards to the current and future needs of the department. As
the department evolves to a more centralized finance function, continues to deal with
the complexity of audits and compliance reporting, and finishes the imple mentation of
the new financial software, it has become clear that the personnel needs of the
department for the next 20 years will be much different than in the past.
Parks and Recreation Department
The success of the department’s community programs and services rely heavily on the
part-time staff that execute the City’s vision. These part -time staff are truly the face of
the department and are entrusted to care for youth and seniors alike. During the
COVID-19 pandemic, many of the City’s part -time staff faced significant reductions in
shifts or were placed on an unpaid furlough. Several other part -time staff found full-time
work, continued their education, or separated from the City for other personal or health
reasons. As the City slowly increased programs and services to pre-pandemic levels,
the return of part-time staff has not kept pace. The City is not unique to this challenge,
as many employers, both public and private, are struggling to fill vacancies at a variety
of levels.
Currently, the department has 40 part-time vacancies out of 67 available positions. The
department is attempting to reinstate 100% of pre -pandemic programming with 60%
less part-time staff, which is not sustainable. The past summer’s Youth Day Camp and
Concerts in the Park Concert series were operated primarily by full-time staff performing
work previously performed by part-time staff. Full-time staff is better utilized and suited
for planning, organizing, and managing such programs.
In the absence of a significant reduction in programming or an increase in hiring of part-
time staff, it is estimated that existing part-time staff would work approximately 1,000
hours between the months of July and December. Employees who work more than
1,000 hours in a fiscal year are required to be enrolled in the CalPERS pension plan,
and once a part-time employee meets this threshold, the employee must continue to be
enrolled in the absence of a significant break in employment. At the current pace,
traditional programs, services and events, such as Summer Youth Day Camp, Youth
Basketball or revenue generating rentals at the Diamond Bar Center, will either need to
be reduced or the City could find itself in a position of having to enroll part -time staff in
PERS, thereby significantly increasing the cost of providing the programs.
This year only five (5) of 77 applicants successfully completed the process to join the
department. Of the 77 applicants that were invited to an interview, 63 either declined the
interview, did not attend the interview, did not pass the interview or background, or
found other employment while going through the City’s recruitment process. In addition,
two of the recently hired staff separated from the City after a month of employment as
they found other employment with a higher starting salary.
The City is competing with a market in which starting salaries have increased, college
tuition incentives are being provided by employers such as Walmart and Target, signing
bonuses are being offered, such as at Amazon, referral bonuses are being provided to
existing employees and other “perks” are being offered to attract employees. Local
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restaurants in town such as Chilis, El Pollo Loco, and In-N-Out are just a few examples
of employers providing higher starting salary or benefits than the City, many of which
also implemented the $15.00 minimum wage prior to the January 1, 2022 state
requirement.
Despite the best efforts of existing part and full-time staff, the City anticipates negative
impacts to the department’s community programs and events without immediate and
sustained improvement in the recruitment and retention efforts for part-time positions.
Based on current and expected short-term staffing levels, the department is currently
reviewing reductions to its programs and front counter in-person services.
ANALYSIS:
Finance Department
A comprehensive review and analysis of the Senior Accountant job description revealed
that the assigned duties were of a senior technical nature and met the needs of the
department in prior years. Yet, as the department technologically evolved and reviewed
the assigned workforce demographics, a talent gap became evident. In order to
address the future functional, technical, and supervisory needs of the department, it is
recommended that the Senior Accountant position be replaced with a Finance
Supervisor position.
Currently, there is no classification between the Senior Accountant and the Finance
Director. The City has a need for a classification that would fill that ga p and provide a
management presence in the Finance Department, when the Director is absent or
otherwise unavailable. Many public agencies hire a Finance Supervisor for key
positions within their Finance Departments. For the City of Diamond Bar, a Finance
Supervisor would be an intermediate position between management and technical staff.
Creation of a Finance Supervisor position would permit the Finance Director to assign a
wide range of complex duties and responsibilities, allowing the Finance Director to focus
on higher level work and internal control review. The Finance Supervisor would be
responsible for professional work, which would include, but not be limited to audits,
analysis and verification of financial records, preparation of financial reports and
statements in accordance with Generally Accepted Accounting Principles (GAAP),
providing financial and accounting information to other City staff, reconciling general
ledger accounts, and preparation of various budgets, year-end audit reports and
schedules, and maintenance of the accounting and budgeting database system(s). The
Finance Supervisor would receive general supervision from the Finance Director and
could directly supervise accounting and administrative staff, as well as provide technical
training to other City staff. Replacing the former Senior Accountant with a Finance
Supervisor will allow the department to recruit talent that is not only technically
proficient, but also search for candidates that have experience with the financial and
budgeting software that the City currently uses. It will also allow the department to build
a stronger bench of talent within the organization and succession planning at the
managerial level.
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For all the reasons stated above, it is recommended that a Fi nance Supervisor
classification be established as an overtime exempt position with commensurate
benefits at Salary Grade 32E ($78,096.51 - $104,656.79). This salary placement is
consistent with another supervisory classification within the City and is 5% higher than
the current salary range for the Senior Accountant. Additionally, since the maintenance
of a proper classification and compensation plan is a public sector personnel best
practice, it is also recommended that the Senior Accountant classification’s salary range
be reduced by 5% to place it at Salary Grade 28E ($70,751.61 - $94,813.92). By
placing the Senior Accountant at Salary Grade 28E, it will create a 10% salary
differential between the Senior Accountant and Finance Supervisor position.
The current FY 2021/22 budget allocated funding for a full -time Senior Accountant
position. It is staff’s recommendation that the funding for the Senior Accountant position
be transferred to the newly established Finance Supervisor position and be funded for
the remainder of FY 2021/22 and beyond. Since the Finance Supervisor position’s
salary placement is 5% above where the Senior Accountant was budgeted, it is highly
likely that the cost to implement staff’s recommendation will be cost neutral or even
have the potential for minor salary savings. If staff were to proceed with the recruitment
process for the Finance Supervisor position, and were to offer the candidate top step of
the salary range, the financial impact to FY 2021/22 budget is approximately $5 ,000.
Parks and Recreation Department
In order to address the immediate employment challenges the department is facing, a
strategic recruitment and retention strategy has been created. Several areas of
improvements with little or no cost the department is working though include: new job
announcements, social media video, park banners, job fairs and a fast -track recruitment
program for volunteers. Staff has refocused efforts and collected feedback from
previous or current staff to better understand areas of potential improvement.
In addition to improvements with little or no cost, there are financial incentives that are
being recommended to fill the 40 vacant positions. These include amending the part -
time salary schedule, providing a hiring incentive for new employees and a referral
bonus for existing employees, and participation in the existing tuition reimbursement
program. Staff believes these economic policies are necessary to entice potential
candidates and help the City remain competitive in the job market.
City staff is also recommending an overhaul of the part-time classification and
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compensation structure to address the current and significant recruitment and retention
challenges. Staff recognize and acknowledge that we operate under the c ontract city
model, and by design, have a lean and agile workforce. The community is better served
when the City has employees that can perform in several roles. The City’s current
structure has multiple layers of part-time positions with increasing years of experience
with commensurate differences in duties between the job position levels. This approach
has led to a vertical hierarchy where employees are assigned to one program or facility.
In order to best serve the community and properly staff recrea tion programs, the
department is recommending the City utilize broader job descriptions rather than
specialized ones, a widely used personnel practice in both the private and public
sectors. Many of the surrounding cities have similar broad -based part-time
classification and compensation structures that allow positions to be used across
different departmental functions and divisions.
Specifically, the following consolidations to job classifications are recommended:
Current Classification Recommended Classification
Recreation Leader I
Recreation Leader II
Recreation Leader
Recreation Leader III Senior Recreation Leader
Facility Attendant I
Facility Attendant II
Facility Attendant
Maintenance Worker I
Maintenance Worker II
Maintenance Worker
In addition, staff is recommending that the pay scales be adjusted immediately in a way
that reflects the current labor market and mandatory minimum wage requirements. The
previous part-time pay scales reflected a seven-step model like the full-time positions.
Since the state mandated minimum wage scheduled increases took effect in 2017, the
steps were modestly adjusted or eliminated to accommodate the legal wage
requirement for that year. Most other cities in our labor market have between three and
five steps in their pay scale and staff is recommending that a three step pay scale be
implemented with step increases maintaining $0.75 between them. Further, staff is
recommending a starting hourly rate of $15.50 for the Recreation Leader classification
which is $0.50 above the upcoming state mandated minimum wage starting in January
2022. This will allow the City to offer a competitive starting wage for new employees.
Existing staff will be reclassified and placed into the new salary ranges at an hourly rate
that is closest, but not lower, than what they are currently making. In recognition that the
City has some very tenured employees in the part -time positions that have current
wages that exceed the proposed pay scale, it is recommended that the City keep them
at their current rate (also known as a “Y-rate”) until the pay scale catches up to their
hourly rate and they can be incorporated into the range. The proposed changes are set
forth in the attached Exhibit A.
Staff believes incentivizing existing employees to refer individuals to apply and
incentivizing such individuals to apply, will increase the quality and quantity of the
applicant pool. It is recommended that the City Council authorize a temporary hiring
and referral bonus budget of $10,000 for the 2021/22 fiscal year. This program would
3.5
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allow the City to grant up to $250 for both the new employee and the existing employee
if the new employee successfully completes 90 days of employment and an additional
$250 after one year of service.
Finally, many employers are offering their part-time employees the opportunity for tuition
reimbursement in recognition that many in the part-time contingency are college
students. The City has a long-standing tuition reimbursement program that allows full-
time and part-time benefitted employees to receive up to $1,500 once annually for
reimbursement of college or university tuition, books or required materials. In order to
compete with other employers and attract high quality part-time employees, it is
recommended that the City Council authorize that the Tuition Reimbursement policy be
extended to part-time unbenefited employees that have completed at least 12 months of
employment. It is recommended that the part-time non-benefitted employees be eligible
for up to $500 once annually for reimbursement of college or university tuition, books or
required materials.
It is recommended that the City Council approve the changes to the City’s Classification
and Compensation Plan and the establishment of temporary hiring incentives and tuition
reimbursement participation for part-time non-benefitted positions at the beginning of
the next pay period which is September 25, 2021.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
3.5
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Attachments:
1. 3.5.a Resolution No. 2021-41
2. 3.5.b EXHIBIT A - AMENDED SALARY SCHEDULES A-F
3.5
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RESOLUTION NO. 2021-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, AMENDING CITY OF DIAMOND BAR COMPENSATION PLAN
AND FRINGE BENEFITS FOR FY 2021-2022
WHEREAS, the City Council of the City of Diamond Bar adopted and amended
the City of Diamond Bar Compensation Plan (hereafter, the “Plan”) by adoption of
Resolution No. 2021-26, which became effective July 3, 2021;
WHEREAS, the City Council of the City of Diamond Bar has approved and adopted
the annual budget for Fiscal Year 2021-2022;
WHEREAS, the City Council of the City of Diamond Bar desires to amend
Resolution 2021-26, to establish a full-time exempt Finance Supervisor classification at
Salary Grade 32E and provide commensurate benefits as reflected on Schedule D in the
attached compensation plan as “EXHIBIT A”; and
WHEREAS, the City Council of the City of Diamond Bar desires to amend the part-
time classification list and associated pay scales as reflected on Schedule A in the
attached compensation plan as “EXHIBIT A”; and
WHEREAS, the City Council of the City of Diamond Bar desires to establish
temporary hiring incentives for FY 2021-2022 for part-time non-benefitted classifications
of employment to include, new hire and referral stipends up to $500, and tuition
reimbursement up to $500 once per year for part-time non-benefitted employees after 12
months of service.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond
Bar does hereby amend Resolution 2021-26 as follows:
Section 1. The Salary Schedules A - F are hereby amended and adopted as
shown in Exhibit A attached hereto.
Section 2. Temporary hiring incentives and tuition reimbursement participation
for part-time non-benefitted classifications are hereby approved for FY 2021-2022.
PASSED, APPROVED AND ADOPTED this 21st day of September 2021.
CITY OF DIAMOND BAR
__________________________
Nancy Lyons, Mayor
3.5.a
Packet Pg. 161
Resolution No. 2021-41
2
ATTEST:
I, KRISTINA SANTANA, City Clerk of the City of Diamond Bar, do hereby certify
that the foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on the 21st day of September 2021, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
Attachment: Exhibit A, Salary Schedules for FY 2021-2022
3.5.a
Packet Pg. 162
GRADE CLASSIFICATION A B C D E F G
H4 Recreation Leader I $15.50 $16.25 $17.00 $14.00 $14.48
H6 Administrative Intern I $14.00 $14.50 $15.00 $15.72 $16.50
Facility Attendant I $16.00 $16.75 $17.50
Recreation Leader II
Maintenance Worker I
H8 Recreation Leader III $14.04 $14.74 $15.48 $16.25 $17.06 $17.92 $18.81
Senior Recreation Leader $17.50 $18.25 $19.00
H12 Facility Attendant II $16.40 $17.22 $18.08 $18.99 $19.94 $20.93 $21.98
Maintenance Worker II
H14 Recreation Specialist $18.03 $18.93 $19.88 $20.87 $21.92 $23.01 $24.16
$19.25 $20.00 $20.75
Schedule A
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
PART-TIME/HOURLY NON-EXEMPT/NON-BENEFITED POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
EXHIBIT "A"3.5.b
Packet Pg. 163
CLASSIFICATION A B C
Recreation Leader $15.50 $16.25 $17.00
Administrative Intern $16.00 $16.75 $17.50
Facility Attendant
Maintenance Worker
Senior Recreation Leader $17.50 $18.25 $19.00
Recreation Specialist $19.25 $20.00 $20.75
Schedule A
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
PART-TIME/HOURLY NON-EXEMPT/NON-BENEFITED POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 164
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
GRADE CLASSIFICATION A B C D E F G
H8 Asst. Pre-School Teacher $14.81 $15.55 $16.33 $17.14 $18.00 $18.90 $19.84
H10 Pre-School Teacher $16.31 $17.13 $17.98 $18.88 $19.83 $20.82 $21.86
CITY OF DIAMOND BAR
PART-TIME/HOURLY NON-EXEMPT/BENEFITED POSITIONS
Schedule B
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 165
GRADE CLASSIFICATION A B C D E F G
6NE Maintenance Worker $19.76 $20.75 $21.78 $22.87 $24.02 $25.22 $26.48
$1,580.66 $1,659.69 $1,742.68 $1,829.81 $1,921.30 $2,017.36 $2,118.23
$3,424.76 $3,596.00 $3,775.80 $3,964.59 $4,162.82 $4,370.96 $4,589.50
$41,097.11 $43,151.96 $45,309.56 $47,575.04 $49,953.79 $52,451.48 $55,074.06
7NE Recreation Specialist $20.25 $21.26 $22.33 $23.44 $24.62 $25.85 $27.14
Senior Office Specialist $1,620.17 $1,701.18 $1,786.24 $1,875.55 $1,969.33 $2,067.80 $2,171.19
$3,510.38 $3,685.90 $3,870.19 $4,063.70 $4,266.89 $4,480.23 $4,704.24
$42,124.53 $44,230.75 $46,442.29 $48,764.41 $51,202.63 $53,762.76 $56,450.89
10NE Senior Maintenance Worker $21.81 $22.90 $24.04 $25.25 $26.51 $27.83 $29.23
$1,744.75 $1,831.99 $1,923.59 $2,019.77 $2,120.76 $2,226.79 $2,338.13
$3,780.29 $3,969.31 $4,167.77 $4,376.16 $4,594.97 $4,824.72 $5,065.95
$45,363.52 $47,631.69 $50,013.28 $52,513.94 $55,139.64 $57,896.62 $60,791.45
14NE Administrative Assistant $24.07 $25.28 $26.54 $27.87 $29.26 $30.72 $32.26
$1,925.88 $2,022.17 $2,123.28 $2,229.44 $2,340.92 $2,457.96 $2,580.86
$4,172.74 $4,381.37 $4,600.44 $4,830.46 $5,071.99 $5,325.59 $5,591.87
$50,072.84 $52,576.48 $55,205.30 $57,965.57 $60,863.85 $63,907.04 $67,102.39
17NE Accounting, HR, Network/Systems, $25.92 $27.22 $28.58 $30.01 $31.51 $33.09 $34.74
Planning, Engineering Technician $2,073.96 $2,177.66 $2,286.54 $2,400.87 $2,520.91 $2,646.96 $2,779.30
Recreation Coordinator $4,493.58 $4,718.26 $4,954.17 $5,201.88 $5,461.97 $5,735.07 $6,021.83
Senior Administrative Assistant $53,922.96 $56,619.11 $59,450.07 $62,422.57 $65,543.70 $68,820.88 $72,261.93
Public Works Inspector
18NE Neighborhood Improvement Officer $26.57 $27.90 $29.30 $30.76 $32.30 $33.91 $35.61
Media Specialist $2,125.81 $2,232.10 $2,343.70 $2,460.89 $2,583.93 $2,713.13 $2,848.79
$4,605.92 $4,836.21 $5,078.03 $5,331.93 $5,598.52 $5,878.45 $6,172.37
$55,271.03 $58,034.58 $60,936.31 $63,983.12 $67,182.28 $70,541.39 $74,068.46
19NE Facilities & Asset Maintenance Tech.$27.24 $28.60 $30.03 $31.53 $33.11 $34.76 $36.50
$2,178.95 $2,287.90 $2,402.30 $2,522.41 $2,648.53 $2,780.96 $2,920.01
$4,721.07 $4,957.12 $5,204.98 $5,465.22 $5,738.49 $6,025.41 $6,326.68
$56,652.80 $59,485.44 $62,459.71 $65,582.70 $68,861.83 $72,304.92 $75,920.17
21NE Administrative Coordinator $28.62 $30.05 $31.55 $33.13 $34.78 $36.52 $38.35
Executive Assistant $2,289.26 $2,403.73 $2,523.91 $2,650.11 $2,782.61 $2,921.74 $3,067.83
Accountant $4,960.07 $5,208.07 $5,468.48 $5,741.90 $6,029.00 $6,330.45 $6,646.97
Permit Services Coordinator $59,520.85 $62,496.89 $65,621.74 $68,902.82 $72,347.96 $75,965.36 $79,763.63
23NE Assistant Engineer $30.06 $31.57 $33.15 $34.80 $36.54 $38.37 $40.29
Assistant Planner $2,405.16 $2,525.42 $2,651.69 $2,784.27 $2,923.48 $3,069.66 $3,223.14
Sr. Neighborhood Improvement Officer $5,211.18 $5,471.73 $5,745.32 $6,032.59 $6,334.22 $6,650.93 $6,983.47
$62,534.11 $65,660.81 $68,943.85 $72,391.05 $76,010.60 $79,811.13 $83,801.69
Schedule C
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
FULL-TIME NON-EXEMPT BENEFITED POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 166
GRADE CLASSIFICATION A B C D E F G
24E Management Analyst $30.82 $32.36 $33.97 $35.67 $37.46 $39.33 $41.30
$2,465.24 $2,588.50 $2,717.93 $2,853.82 $2,996.51 $3,146.34 $3,303.66
$5,341.35 $5,608.42 $5,888.84 $6,183.28 $6,492.45 $6,817.07 $7,157.92
$64,096.22 $67,301.03 $70,666.09 $74,199.39 $77,909.36 $81,804.83 $85,895.07
28E Recreation Supervisor $34.02 $35.72 $37.50 $39.38 $41.35 $43.41 $45.58
Senior Accountant $2,721.22 $2,857.28 $3,000.14 $3,150.15 $3,307.65 $3,473.04 $3,646.69
$5,895.97 $6,190.77 $6,500.30 $6,825.32 $7,166.58 $7,524.91 $7,901.16
$70,751.61 $74,289.19 $78,003.64 $81,903.83 $85,999.02 $90,298.97 $94,813.92
29E Information Systems Analyst $34.87 $36.61 $38.44 $40.36 $42.38 $44.50 $46.72
$2,789.25 $2,928.71 $3,075.14 $3,228.90 $3,390.35 $3,559.86 $3,737.86
$6,043.37 $6,345.53 $6,662.81 $6,995.95 $7,345.75 $7,713.04 $8,098.69
$72,520.38 $76,146.40 $79,953.72 $83,951.41 $88,148.98 $92,556.43 $97,184.25
30E Associate Planner $35.74 $37.52 $39.40 $41.37 $43.44 $45.61 $47.89
Senior Accountant $2,858.98 $3,001.93 $3,152.02 $3,309.62 $3,475.10 $3,648.86 $3,831.30
Senior Management Analyst $6,194.45 $6,504.17 $6,829.38 $7,170.85 $7,529.39 $7,905.86 $8,301.15
$74,333.38 $78,050.05 $81,952.56 $86,050.18 $90,352.69 $94,870.33 $99,613.84
32E Facilities Maintenance Supervisor $37.55 $39.42 $41.39 $43.46 $45.64 $47.92 $50.32
Finance Supervisor $3,003.71 $3,153.90 $3,311.59 $3,477.17 $3,651.03 $3,833.58 $4,025.26
$6,508.04 $6,833.44 $7,175.12 $7,533.87 $7,910.57 $8,306.09 $8,721.40
$78,096.51 $82,001.33 $86,101.40 $90,406.47 $94,926.80 $99,673.13 $104,656.79
34E Associate Engineer $39.45 $41.42 $43.49 $45.67 $47.95 $50.35 $52.86
Public Information Coordinator $3,155.78 $3,313.56 $3,479.24 $3,653.20 $3,835.86 $4,027.66 $4,229.04
$6,837.51 $7,179.39 $7,538.36 $7,915.28 $8,311.04 $8,726.59 $9,162.92
$82,050.16 $86,152.67 $90,460.30 $94,983.32 $99,732.49 $104,719.11 $109,955.07
36E Parks & Maintenance Supt.$41.44 $43.52 $45.69 $47.98 $50.38 $52.89 $55.54
Recreation Services Supt.$3,315.54 $3,481.31 $3,655.38 $3,838.15 $4,030.06 $4,231.56 $4,443.14
Senior Planner $7,183.66 $7,542.85 $7,919.99 $8,315.99 $8,731.79 $9,168.38 $9,626.79
Street Maintenance Supt.$86,203.95 $90,514.14 $95,039.85 $99,791.84 $104,781.43 $110,020.51 $115,521.53
37E Network/Systems Administrator $42.48 $44.60 $46.83 $49.18 $51.64 $54.22 $56.93
$3,398.42 $3,568.35 $3,746.76 $3,934.10 $4,130.81 $4,337.35 $4,554.21
$7,363.25 $7,731.42 $8,117.99 $8,523.89 $8,950.08 $9,397.58 $9,867.46
$88,359.03 $92,776.99 $97,415.84 $102,286.63 $107,400.96 $112,771.01 $118,409.56
40E Senior Civil Engineer $45.75 $48.03 $50.44 $52.96 $55.61 $58.39 $61.30
$3,659.73 $3,842.72 $4,034.85 $4,236.60 $4,448.43 $4,670.85 $4,904.39
$7,929.42 $8,325.89 $8,742.18 $9,179.29 $9,638.26 $10,120.17 $10,626.18
$95,153.02 $99,910.68 $104,906.21 $110,151.52 $115,659.10 $121,442.05 $127,514.15
41E Assistant to the City Manager $46.89 $49.23 $51.70 $54.28 $57.00 $59.85 $62.84
$3,751.22 $3,938.79 $4,135.73 $4,342.51 $4,559.64 $4,787.62 $5,027.00
$8,127.65 $8,534.04 $8,960.74 $9,408.78 $9,879.21 $10,373.18 $10,891.83
$97,531.85 $102,408.44 $107,528.86 $112,905.31 $118,550.57 $124,478.10 $130,702.01
Schedule D
FY 2021 - 2022
COMPENSATION PLAN BY POSITION
CITY OF DIAMOND BAR
FULL-TIME EXEMPT BENEFITED POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 167
GRADE CLASSIFICATION A B C D E F G
40E Public Information Manager $45.75 $48.03 $50.44 $52.96 $55.61 $58.39 $61.30
Recreation Svcs. Manager $3,659.73 $3,842.72 $4,034.85 $4,236.60 $4,448.43 $4,670.85 $4,904.39
$7,929.42 $8,325.89 $8,742.18 $9,179.29 $9,638.26 $10,120.17 $10,626.18
$95,153.02 $99,910.68 $104,906.21 $110,151.52 $115,659.10 $121,442.05 $127,514.15
41E City Clerk $46.89 $49.23 $51.70 $54.28 $57.00 $59.85 $62.84
$3,751.22 $3,938.79 $4,135.73 $4,342.51 $4,559.64 $4,787.62 $5,027.00
$8,127.65 $8,534.04 $8,960.74 $9,408.78 $9,879.21 $10,373.18 $10,891.83
$97,531.85 $102,408.44 $107,528.86 $112,905.31 $118,550.57 $124,478.10 $130,702.01
44E Human Res. & Risk Manager $50.50 $53.02 $55.67 $58.46 $61.38 $64.45 $67.67
$4,039.66 $4,241.64 $4,453.72 $4,676.41 $4,910.23 $5,155.74 $5,413.53
$8,752.59 $9,190.22 $9,649.74 $10,132.22 $10,638.83 $11,170.77 $11,729.31
$105,031.13 $110,282.69 $115,796.82 $121,586.66 $127,666.00 $134,049.30 $140,751.76
46E Public Works Manager/$53.02 $55.67 $58.46 $61.38 $64.45 $67.67 $71.05
Assistant City Engineer $4,241.64 $4,453.72 $4,676.41 $4,910.23 $5,155.74 $5,413.53 $5,684.21
$9,190.22 $9,649.73 $10,132.22 $10,638.83 $11,170.77 $11,729.31 $12,315.78
$110,282.68 $115,796.82 $121,586.66 $127,665.99 $134,049.29 $140,751.76 $147,789.34
Schedule E
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
FULL-TIME EXEMPT MANAGEMENT POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 168
GRADE CLASSIFICATION A B C D E F G
51E Parks & Rec Director $59.99 $62.99 $66.13 $69.44 $72.91 $76.56 $80.39
$4,798.88 $5,038.83 $5,290.77 $5,555.31 $5,833.07 $6,124.73 $6,430.96
$10,397.58 $10,917.46 $11,463.33 $12,036.50 $12,638.33 $13,270.24 $13,933.76
$124,770.99 $131,009.54 $137,560.02 $144,438.02 $151,659.92 $159,242.92 $167,205.06
52E Deputy City Manager $61.52 $64.60 $67.83 $71.22 $74.78 $78.52 $82.45
$4,921.93 $5,168.03 $5,426.43 $5,697.75 $5,982.64 $6,281.77 $6,595.86
$10,664.19 $11,197.40 $11,757.27 $12,345.13 $12,962.39 $13,610.51 $14,291.03
$127,970.25 $134,368.76 $141,087.20 $148,141.56 $155,548.64 $163,326.07 $171,492.38
55E Community Dev. Director $66.25 $69.57 $73.05 $76.70 $80.53 $84.56 $88.79
Finance Director $5,300.38 $5,565.40 $5,843.67 $6,135.86 $6,442.65 $6,764.78 $7,103.02
Info. Systems Director $11,484.16 $12,058.37 $12,661.29 $13,294.35 $13,959.07 $14,657.03 $15,389.88
$137,809.96 $144,700.46 $151,935.48 $159,532.25 $167,508.87 $175,884.31 $184,678.53
58E City Engineer/PW Director $71.35 $74.92 $78.66 $82.60 $86.73 $91.06 $95.61
$5,707.93 $5,993.33 $6,293.00 $6,607.65 $6,938.03 $7,284.93 $7,649.18
$12,367.19 $12,985.55 $13,634.82 $14,316.56 $15,032.39 $15,784.01 $16,573.21
$148,406.24 $155,826.56 $163,617.88 $171,798.78 $180,388.72 $189,408.15 $198,878.56
59E Assistant City Manager $73.13 $76.79 $80.63 $84.66 $88.89 $93.34 $98.01
$5,850.63 $6,143.16 $6,450.32 $6,772.84 $7,111.48 $7,467.05 $7,840.41
$12,676.37 $13,310.19 $13,975.69 $14,674.48 $15,408.20 $16,178.61 $16,987.54
$152,116.41 $159,722.23 $167,708.34 $176,093.75 $184,898.44 $194,143.36 $203,850.53
N/A City Manager $112.70
$9,016.47
$19,535.68
$234,428.11
Schedule F
CITY OF DIAMOND BAR
COMPENSATION PLAN BY POSITION
FY 2021 - 2022
FULL-TIME EXEMPT EXECUTIVE MANAGEMENT POSITIONS
Effective September 25, 2021
Approved by City Council on September 21, 2021
3.5.b
Packet Pg. 169
Agenda #: 4.1
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: AMENDMENTS TO THE SCHEDULE OF RATES, FEES, AND
CHARGES FOR PLANNING FEES RELATED TO SMALL WIRELESS
FACILITIES.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Receive presentation, Open the Public Hearing to receive testimony, Close the Public
Hearing, Discuss and Adopt Resolution No. 2021 -42 amending the schedule of rates,
fees, and charges for Planning Fees related to Small Wireless Facilities.
FINANCIAL IMPACT:
None. Applicants would pay applicable fees consistent with Federal Communications
Commission Safe Harbor fees, which do not exceed the true cost of providing permit
processing services.
BACKGROUND:
The City Council conducted a public hearing and adopted Ordinance No. 02 (2021),
amending Title 22 of the Municipal Code to enact regulations governing the
development, augmentation, and relocation of SWFs in accordance with state and
federal law. As a secondary component to the new Ordinance, it is necessary to adopt
new fees for processing the associated SWF permits.
ANALYSIS:
The City Council previously adopted the most recent Comprehensive Fee Update in
2017. The Resolution and accompanying revised Planning Fee Schedule would add
the following new fee categories:
4.1
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Small Wireless Facility (SWF) Permit
Small Wireless Facility Permit -
Collocation
$500
$100
Application for collocation of
up to 5 SWFs on existing
pole/structure
Additional fee per each SWF
above 5
Small Wireless Facility Permit - New Pole $1,000 Application for new pole or
structure intended to support
one or more SWFs (per pole)
The schedule of rates, fees, and charges for Planning Fees related to Small Wireless
Facilities would become effective September 22, 2021. The new fees will not be subject
to future consumer price index adjustments until the next Comprehensive Fee Study is
performed. At that time, should the time and motion study determine changes are
recommended for the above listed fee s, they will be presented to Council for
consideration.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 4.1.a Resolution No. 2021-42
2. 4.1.b Exhibit A - FY2021-22 Planning Fees Amended September 2021
4.1
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RESOLUTION 2021-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING SMALL WIRELESS FACILITY PERMIT FEES AND
UPDATING SCHEDULES OF RATES, FEES, AND CHARGES FOR
PLANNING SERVICES.
WHEREAS, the City Council of the City of Diamond Bar has heretofore established
various schedules of rates, fees, and charges for the processing of applications, permits,
and other municipal services; and
WHEREAS, pursuant to the Constitution and state laws of the State of California,
the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges
for municipal services, with the limitation that certain specified rates, fees, and charges
may not exceed the estimated cost of providing such services; and
WHEREAS, with respect to the costs associated with processing applications for
Small Wireless Facility Permits, California and federal law have established limits upon
those permit fees and charges for services that may be recovered by municipalities.
California Government Code Section 50030 states any permit fee imposed by a city for
the placement, installation, repair, or upgrading of telecommunication facilities such as
lines, poles, or antennas by a telephone corporation that has obtained all required
authorizations to provide telecommunications services from the Public Utilities
Commission and the Federal Communications Commission, shall not exceed the
reasonable costs of providing the service for which the fee is charged and shall not be
levied for general revenue purposes; and,
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to Infra structure
Investment,” which set forth new limitations on local standards for, and accelerating the
processing of, the siting of small wireless facilities by all local jurisdictions over such
applications; and,
WHEREAS, the Order establishes the following presumptively reasonable “safe
harbor” fees for deployment of small wireless facilities: (a) $500 for non-recurring fees,
including a single up-front application that includes up to five (5) small wireless facilities,
with an additional $100 for each small wireless facility beyond five (5), or $1,000 for non-
recurring fees for a new pole (i.e.- not a collocation) intended to support one or more
small wireless facilities; and (b) $270 per small wireless facility per year for all recurring
fees, including any possible right-of-way access fee or fee for attachment to City-owned
structures in the right-of-way; and
WHEREAS, the Order allows the City to charge fees that are above the
recommended level by showing that such fees are: (a) a reasonable approximation of
costs; (b) those costs themselves are reasonable; and (c) are non -discriminatory; and
4.1.a
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Resolution No. 2021-42
2
WHEREAS, the Order further states that fees will not be preempted if they are fair,
reasonable, imposed on a competitively neutral and non -discriminatory basis, and
publicly disclosed in advance by the City; and,
WHEREAS, on September 21, 2021 the City Council adopted Ordinance 02(2021)
amending the Diamond Bar Municipal Code regarding the deployment of small wireless
facilities. Pursuant to Section 22.42.135, a Small Wireless Facility Permit is required to
locate or modify any small wireless facility on a pole, new pole, replacement pole, or
structure located within the City, including without limitation on any public rights -of-way,
public property, or private property; and
WHEREAS, the City Council desires to adopt reasonable application fees for
processing Small Wireless Facilities Permits, which are consistent with both the FCC’s
Order and Government Code Section 50030; and
WHEREAS, California Government Code Section 66017 requires that prior to
adopting new or increased rates, fees, and charges (collectively, "fees") for the filing,
accepting, reviewing, approving, or issuing of an application, permit, or entitlement such
as zoning variances and changes, use permits, building inspections and permits, and
related planning and zoning services (“development fees” sometimes thereinafter) that
the notice and public hearing procedures specific in Government Code Section 66016 be
followed; and
WHEREAS, Government Code Section 66016 requires the City to hold at least
one open and public meeting and at least 10 days prior to the meeting make available
the data upon which the new or increased fees are based; and
WHEREAS, Government Code Section 66018 requires that prior to adopting new
or increased fees that notice to be published in accordance with Government Code
Section 6062a, which notice provides the time and place of the meeting and a general
explanation of the matter to be considered; and
WHEREAS, Pursuant to Government Code Sections 66016-66018, the City
Council conducted and concluded a duly noticed public hearing on September 21, 2021
at Diamond Bar City Hall’s Windmill Room with respect to the fees; and
WHEREAS, the City Council desires to adopt fees for the processing of Small
Wireless Facility Permit applications, consistent with the Federal Communications
Commission’s “safe harbor” fee amounts presumed to be reasonable not-to-exceed
amounts to cover the cost of processing such applications, and to incorporate said fees
into the Fee Schedule for Community Development Planning Fees, as set forth herein.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar finds and determines as follows:
4.1.a
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Resolution No. 2021-42
3
Section 1. The 2021-22 Fee Schedule for Community Development Planning
Fees is hereby amended to add certain fees and charges for the processing of
applications for Small Wireless Facility Permits pursuant to Section 22.42.135 of the
Diamond Bar Municipal Code, as provided in Exhibit A of this Resolution and incorporated
herein by reference.
Section 2. That based upon the data, information, and analyses contained in
the corresponding staff report and attachments and the testimony presented at the
hearing, concerning the rates, fees, and charges for processing of applications for Small
Wireless Facilities Permits, which are attached hereto and by this reference incorporated
herein, the new rates, fees, and charges for processing of applications for Small Wireless
Facilities Permits set forth in said Exhibit A do not exceed the estimated reasonable cost
of providing the service for which they are levied.
Section 3. The rates, fees, and charges for processing of applications for Small
Wireless Facilities Permits set forth in Exhibit A are hereby adopted and approved.
Section 4. The new rates, fees, and charges for processing of applications for
Small Wireless Facilities Permits set forth in Exhibit A shall be effective September 22,
2021.
Section 5. The adoption of this Resolution is exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 15273 of the CEQA Guidelines
and Section 21080(b)(8) of the Public Resources Code, which provide that CEQA does
not apply to the establishment, modification, structuring, restructuring, or approval of
rates, tolls, fares, and other charges by public agencies which the public agency finds are
for the purpose of meeting operating requirements. The City’s approval of Small Wireless
Facility Permit fees is not designed to increase services or expand a system, but rather it
is designed to simply update the City’s existing fee regulations to reflect the FCC’s new
laws governing the deployment of small wireless facilities, which are already permitted
uses within the City. Approval of these fees will assist the City in meeting operating
expenses associated with the deployment of small wireless facilities. In accordance with
such determination, City Staff is hereby directed to file a Notice of Exemption upon
adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 21st day of September, 2021.
CITY OF DIAMOND BAR
________________________
Nancy A. Lyons, Mayor
4.1.a
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Resolution No. 2021-42
4
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly and regularly passed, approved and adopted by the City
Council of the City of Diamond Bar, California, at its adjourned regular meeting held on
the 21st day of September, 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
________________________
Kristina Santana, City Clerk
4.1.a
Packet Pg. 175
Community Development Planning Fees | 2021-22 Fee Schedule 1
1615263.1
2021-22 FEE SCHEDULE
Community Development Planning Fees
Effective September 22, 2021
ACTION FEE*
Advance Planning
Annexation $10,000 Deposit (RFD)
Development (Zoning) Code Amendment $10,000 Deposit (RFD)
Development Agreement $10,000 Deposit (RFD)
General Plan Amendment $10,000 Deposit (RFD)
Specific Plan $10,000 Deposit (RFD)
Specific Plan Amendment $5,000 Deposit (RFD)
Zone Change/Map Amendment $10,000 Deposit (RFD)
Current Planning (Discretionary)
Administrative Development Review $1,964.02 Application plus $2,000
deposit (RFD)
Adult Oriented Business/Entertainer Permit $2,417.26 Application
Animal Permit Deposit (RFD) determined by staff with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs
Comprehensive Sign Program $1,812.95 Per application plus
$2,000 deposit (RFD)
with charges at the fully
allocated hourly rates
for all project personnel
plus any outside costs.
Conditional Use Permit - Minor $1,812.95 Application plus $2,000
deposit (RFD)
Conditional Use Permit - Major $2,232.62 Application plus $4,000
deposit (RFD)
Condition Use Permit Amendment $3,172.66 Application
Density Bonus $5,000 Deposit (RFD)
Development Review $3,195.03 Application plus $5,000
deposit (RFD)
Extension of Time $167.87
$3,172.66
Per application - no
public hearing
Per application - with
public hearing
Landscape Plan Check $380.50 Per application plus
any outside costs
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Community Development Planning Fees | 2021-22 Fee Schedule 2
1615263.1
Miscellaneous/Special Studies Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Parcel Map Waiver $5,000 Deposit (RFD)
Parking Permit / Joint Use Parking
Agreement
Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Revision after TTM or TPM is approved $2,500 Minimum deposit (RFD)
determined by staff
with charges at the fully
allocated hourly rates
for all personnel
involved plus any
outside costs.
Temporary Use Permit $279.77 Application
Tentative Parcel Map (TPM) $5,000 Deposit (RFD)
Tentative Tract Map (TTM) $5,000 Deposit (RFD)
Tree Permit $1,326.14
Application plus $2,500
Deposit (RFD) with
charges at the fully
allocated hourly rates
for all personnel
involved plus outside
costs
Variance – Minor $1,589.13 Application
Variance - Major $5,000 Deposit (RFD)
Environmental
California Department of Fish and Wildlife $75.00
$75.00
$3,520.25
$2,555.25
City processing fee
County processing fee
CDFW EIR review
CDFW Neg. Dec.
review
Environmental Analysis
(i.e.,Environmental Impact Report (EIR) or
Negative Declaration preparation)
Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Environmental Mitigation Monitoring
Program
Cost to be determined as part of the EIR
or Negative Declaration Mitigation
Monitoring program to be included as a
project condition of approval. Deposit
(RFD) determined by staff with charges at
the fully allocated hourly rates for all
personnel involved plus outside costs.
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Community Development Planning Fees | 2021-22 Fee Schedule 3
1615263.1
Ministerial Review
Streamlined Plot Plan Review (+) $655.01 Application
Plot Plan Review (+) $1,848.58 Application
Preliminary Project Review $2,053.56 Per application - with
50% of the fee being
credited towards future
Planning fees for the
project.
Sign Review $139.89 Application
Temporary Sign Review $78.34 Application
Zoning Clearance $83.93 Application
Miscellaneous/Other
Appeals (+) $3,960.76 Per appeal
Business License – New (+) $38.82 Application plus $4
State fee
Business License – Renewal (+) $10 Per application plus $4
State fee
CC&Rs Review $5,000 Deposit (RFD) with
charges at the fully
allocated hourly rates
for all personnel
involved plus outside
costs
Certificate of Compliance $2,500 Minimum deposit (RFD)
with charges at the fully
allocated hourly rates
for all personnel
involved plus any
outside costs.
Concurrent filed applications One deposit (RFD) shall be accepted
(the largest deposit listed) and all
applications shall be processed as actual
cost charged against the one deposit
Interpretation $1,091.13 Application
Mills Act Processing $5,000 Deposit (RFD) with
charges at the fully
allocated hourly rates
for all personnel
involved plus outside
costs
Permanent Record Retention $2.00 Per sheet of plans
collected at the time of
submittal
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Community Development Planning Fees | 2021-22 Fee Schedule 4
1615263.1
Projects for which there is no fee category Actual cost deposit (RFD) to be
determined by the Community
Development Director
Public Convenience & Necessity (ABC) $421.74 Application
Quimby Fees (In-Lieu Park Fees) Fees determined during discretionary
review for residential projects and are
based upon an appraisal of the land
Research Actual cost deposit (RFD) to be
determined by the Community
Development Director
SEATAC Review Add 50% to the deposit (RFD) for
concurrent application
Small Wireless Facility (SWF) Permit
Small Wireless Facility Permit - Collocation $500
$100
Application for
collocation of up to 5
SWFs on existing
pole/structure
Additional fee per
each SWF above 5
Small Wireless Facility Permit - New Pole $1,000 Application for new
pole or structure
intended to support
one or more SWFs (per
pole)
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018.
The CPI will be calculated using the March to March rates of the federal Consumer Price Index
(CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties.
(+) Select City fees will be brought to 100% full cost recovery over a three year period, with the
full increase phased in over three years, plus the CPI increase starting July 1, 2018.
(RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel
involved plus any outside costs, with any unused portion of a deposit based fee being refunded
to the applicant at the conclusion of the project. In certain circumstances where project costs
are higher than the available deposit, the applicant will be required to submit additional funds
into the deposit account.
4.1.b
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Agenda #: 5.1
Meeting Date: September 21, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: PROCESS TO DISSOLVE EXISTING LANDSCAPE ASSESSMENT
DISTRICT NO. 39 AND CONDUCT PROPOSITION 218 BALLOT
PROCESS TO ESTABLISH A NEW LANDSCAPE ASSESSMENT
DISTRICT NO. 39-2022.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Direct staff to take the necessary steps to dissolve Landscape Assessment District
No. 39;
B. Direct staff to initiate the Proposition 218 ballot process for the formation of the
proposed Landscape Assessment District No. 39-2022;
C. Approve, and authorize the Mayor to sign, the second amendment to the Consulting
Services Agreement with SCI Consulting Group, to provide special assessment
engineering and balloting services in the not-to-exceed amount of $15,100;
D. Approve, and authorize the Mayor to sign, the Consulting Services Agreement with
NBS Government Finance Group, to provide public outreach/engagement services
in the not-to-exceed amount of $48,000; and
E. Appropriate $63,100 from available General Fund balance to the District 39
Operating Budget for professional services related to the Proposition 218 process
and public outreach/engagement services.
FINANCIAL IMPACT:
In addition to the City’s administrative costs, the dissolution of the existing Landscaping
Assessment District No. 39 and the formation of a new District 39-2022, would require
professional services support from a special assessment district engineering firm for
preparation of the required Engineer’s Report and the balloting process. The cost for
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this service is $15,100. Additionally, the cost for the public engagement/outreach
services is $48,000.
These costs have not been budgeted in the current fiscal year although they are
reimbursable from the new Fiscal Year 2022/23 assessments collected if a new district
is formed as a result of a successful Prop 218 ballot. An appropriation of $63,100 from
the available General Fund balance to the District 39 Operating Budget for professional
services is therefore required.
BACKGROUND:
Landscaping Assessment District No. 39 (District 39) was formed in the mid -1980s by
the original developer and the County of Los Angeles pursuant to Part 2 of Division 15
of the California Streets and Highways Code (§ 22500, et seq.). Upon incorporation in
1989, the City of Diamond Bar (City) assumed jurisdiction over District 39, which was
structured so that revenue from the assessments would self-support its maintenance
activities.
Comprised of 1,249 parcels with an annual assessment rate of $236 per parcel, District
39 is bound on the west by Diamond Bar Boulevard and on the east by City limits. The
City services and maintains five (5) mini-parks, 15 acres of slopes, 39 acres of open
space areas, and other landscape and irrigation improvements (Improvements) in
District 39.
Following is a timeline of milestones to date:
• 1996: Proposition 218 (Prop 218) removed the City Council’s authority to
increase assessments without property owner approval. Assessment rates were
effectively frozen that year, and soon thereafter the revenue being generated by
the assessments became insufficient to cover the cost of maintaining District 39.
The City has been subsidizing District 39 in recent years by using its General
Fund.
• August 6, 2019: An increase in assessment rates through a Prop 218 -compliant
ballot proceeding was soundly defeated with only 21.2% property owner support.
• March 16, 2021: The City Council adopted Resolution No. 2021-10 declaring its
intent to dissolve District 39 and setting a public hearing for May 4, 2021.
• April 28, 2021: The City received a signed petition/letter from a group of residents
requesting the City Council postpone the decision to dissolve District 39 and
consider a new Prop 218 ballot proceeding.
• May 4, 2021: The City Council conducted the public hearing and considered
Resolution No. 2021-15 on the dissolution of District 39. At that meeting, the City
Council continued the matter to May 18, 2021, to consider affording the property
owners to a new ballot process to increase assessments.
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• May 18, 2021: The City Council tabled Resolution No. 2021-15 on the dissolution
of District 39 and adopted Resolution No. 2021-20 ordering the City Engineer to
prepare and to file a report related to maintenance of impro vements in the
existing Landscape Assessment District No. 39 for FY 2021/22. This action
essentially extended District 39 with the existing assessments for one more fiscal
year to allow for adequate time for a new ballot process during FY 2021/22.
• July 6, 2021: Subsequent to a public hearing, the City Council adopted
Resolution No. 2021-36 confirming District 39 assessments for the Fiscal Year
2021/22 with the amount of $394,297, which included a General Fund subsidy of
$99,133.
ANALYSIS:
Considering the legal requirements and past experiences, the proposed approach
would provide a parallel path to dissolve the existing District 39 and start the process to
form a new replacement District 39-2022, with the same service area and an
assessment fee structure that eliminates the need for a City’s General Fund subsidy to
the new district. This is a similar process that was recently completed for Landscape
Assessment District 41 (District 41).
While developing/planning this roadmap for a meaningful Prop 218 process, staff
reviewed the past comments received from the community as well as the lessons
learned from both the 2019 Prop 218 proceedings for District 39/District 41 and the
2021 proceeding for District 41. Staff believes District 39 would benefit from an
expanded community outreach program to provide neutral and unbiased information
and to deepen public engagement. The ultimate goal is to support the community by
sharing adequate, relevant, and effective information with as many property owners as
possible. It would in turn help the owners make an informed decision when responding
to the ballots. Several factors were identified as follows:
• District 39 is much larger than District 41 in both the number of parcels and the
area and diversity of the maintained properties.
• District 41 was represented by an engaged group of Homeowners Association
members and board members. There is no similar structure in place in District
39.
• There is a relatively small group of property owners in District 39 who became
engaged with the City during the FY 2020/21 proceeding. They offered to help in
working with their community members if given a chance of re-voting.
• District 39 is more complicated than District 41. For instance, there are about 100
properties that would be directly impacted by the dissolution of the District,
although it needs to be considered that nearly all properties in the District will be
aesthetically impacted indirectly.
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• There are publicly managed mini-parks and trails in the neighborhoods that are
maintained under District 39.
As a result, staff concluded that working with as many community members as possible
is the best approach to communicate the pros and cons of each option that would be
available to the property owners on a voting ballot.
To facilitate the process of achieving an expanded reach and deepen community
engagement while keeping the City’s neutrality, it was determined that the support of a
consulting firm specializing in community outreach/public engagement would be crucial.
Staff reached out to several public outreach firm s and received proposals from three
firms for professional services in the following general categories of services:
• Research, Planning, Schedule, Forming Core Message
• Webpage Updates, Email Campaign, Social Media Campaign, and Surveys
• Property Owner Support (Phone calls/responses, etc.)
• Factsheets (Multilingual)
• Forming Community Working Groups
• Facilitating Community Meetings (online, in-person, or hybrid)
Proposals were received from three firms as follows:
Firm Total Cost Recommended Services Options
SGA
Marketing
$34,518 Market Research, Three Community Meetings (one
hybrid and two online); Fact Sheets, Email Campaign,
Webpage Update/Recommendation, Phone Calls, etc.
NBS
Government
Finance
Group (NBS)
$48,000 Research, Kick-Off Meeting, Project Schedule,
Webpage Updates/Social Media including CivicMic
mapping tool, Mail Campaign, Answering Property
Owner Questions via phone and email, Surveys
(beginning and end of the campaign), Community
Meetings (two online, one in-person if needed), Identify
and Convene Working Groups from the community
members.
Environmental
Outreach
Strategies
$66,500 Research, Message Development, Collateral Materials
(e.g., fact sheets), Outreach Plan, Email Campaign,
Webpage Updates, Social Media Campaign, Handling
Questions from the Public, Two Hybrid Community
Meetings.
After staff reviewed the three proposals, NBS Government Finance Group’s proposal
was selected to be best qualified for providing community outreach/public engagement
services. The selected proposal provides a better understanding of the needs of the
project and proposes a more comprehensive approach using technology and multiple
communication vehicles to achieve the goals of the outreach efforts. NBS’s scope of
work is provided as Exhibit A of the proposed Agreement in Attachment 1.
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In addition, the Engineer's Report preparation and the balloting process are proposed to
be done by the City's current special assessment district consultant, SCI Consulting
Group (SCI). Attachment 2 is the proposed second amendment to the City’s current
agreement with SCI. The scope of work is provided as Exhibit A of the proposed
amendment.
Below is a tentative schedule for the process propose d by staff to afford the property
owners with a new ballot process to increase assessments and to avoid returning the
maintenance responsibility of the private properties covered by District 39 to the owners
after the proposed dissolution. This tentative schedule could be updated as the direction
is received from the City Council to initiate the process and as information is received
from the consultants based on their interactions with the community during the process.
September 21, 2021
- City Council direct staff to take the
necessary steps to dissolve District 39 and
to form a Prop 218 compliant District 39-
2022; and
- Approve agreements with the professional
services consultants.
October 19, 2021 - Declare intent to dissolve District 39; fix a
public hearing date for dissolution; and
- Declare intent to begin Prop 218 process to
form a new District 39-2022; direct City
Engineer to prepare Engineer’s Report.
January 18, 2022 - Dissolve District 39 (effective July 1, 2022)
after a Public Hearing; and
- Approve Engineer’s Report for the new
District 39-2022 and fix a date for Public
Hearing and commence the Prop 218 ballot
voting.
March 15, 2022 - Public Hearing and votes tabulation.
Determine if proposed District 39-2022 will
be formed or the maintenance responsibility
will be returned to the property owners.
LEGAL REVIEW:
City Attorney has reviewed and approved the professional services agreements as to
form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.1.a Agreement with NBS Government Finance Group
2. 5.1.b Second Amendment to Agreement with SCI Consulting Group
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of September 21, 2021 by
and between the City of Diamond Bar, a municipal corporation ("City") and NBS
Government Finance Group, a California corporation; ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in thi s Agreement Consultant shall
provide to the reasonable satisfaction of the City the Public Engagement services set
forth in the attached Exhibit "A", which is incorporated herein by t his reference. As a
material inducement to the City to enter into this Agreement, Consultant represents and
warrants that it has thoroughly investigated the work and fully understands the
difficulties and restrictions in performing the work. Consultant r epresents that it is fully
qualified to perform such consulting services by virtue of its experience and the training,
education and expertise of its principals and employees.
David G. Liu, Public Works Director/City Engineer (herein referred to as the
“City’s Project Manager”), shall be the person to whom the Consultant will report for the
performance of services hereunder. It is understood that Consultant shall coordinate its
services hereunder with the City’s Project Manager to the extent required by t he City’s
Project Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect September 21,
2021, and shall continue until the service is completed ("Term"), unless earlier
terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Fourty Eight Thousand Dollars ($48,000) without the
prior written consent of the City. The above not to exceed amount shall include all
costs, including, but not limited to, all clerical, administrative, overhead, telephone,
travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
B. All such invoices shall state the basis for the amount invoiced, includ ing
services completed, the number of hours spent and a ny extra work performed.
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C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time , if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent , except as
specifically provided herein. Neither City nor any of its agents shall have control over
the conduct of Consultant or any of Consultan t's employees, except as set forth in this
Agreement. Consultant shall not, at any time, or in any manner, represent that it or any
of its agents or employees are in any manner employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to Consultant
under this Agreement, and to indemnify and hold City harmless from any and all taxes,
assessments, penalties, and interest asserted against City by reason of the
independent contractor relationship created by this Agreement. In the event that City is
audited by any Federal or State agency regarding the independent contractor status of
Consultant and the audit in any way fails to sustain the validity of a wholly independent
contractor relationship between City and Consultant, then Consultant agrees to
reimburse City for all costs, including accounting and attorney's fees, arising out of such
audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and
hold City harmless from any failure of Consultant to comply with applicable Worker's
Compensation laws.
D. Consultant shall, at Consultant’s sole cost and expense fully secure and
comply with all federal, state and local governmental permit or licensing requirements,
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including but not limited to the City of Diamond Bar, South Coast Air Quality
Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any
amount due to City from Consultant as a result of Consultant's failure to promptly pay to
City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification.
Consultant shall indemnify, defend with counsel approved by City, and hold
harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and
against all liability, loss, damage, expense, co st (including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation) of every nature
arising out of or in connection with:
(1) Any and all claims under Workers’ Compensation Act and other
employee benefit acts with respect to Consultant’s employees or Consultant’s
contractor’s employees arising out of Consultant’s work under this Agreement;
and
(2) Any and all claims arising out of Consultant's performance of work
hereunder or its failure to comply with any of its obligations contained in this
Agreement, regardless of City’s passive negligence, but excepting such loss or
damage which is caused by the sole active negligence or willful misconduct of
the City. Should City in its sole discretion find Consultant’s legal counsel
unacceptable, then Consultant shall reimburse the City its costs of defense,
including without limitation reasonable attorneys' fees, expert fees and all other
costs and fees of litigation. The Consultant shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that
the foregoing provisions are intended to be as broad and inclusive as is permitted
by the law of the State of California and will survive termination of this
Agreement. Except for the Indemnitees, this Agreement shall not be construed
to extend to any third party indemnification rights of any kind.
(3) The Consultant's obligations to indemnify, defend and hold harmless
the City shall survive termination of this Agreement.
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10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a
result of wrongful or negligent acts by Consultant, its officers, employees, agents,
and independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.0 0 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single
limits coverage of $1,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is
greater.
B. The City, its officers, employees, agents, and volunteers sh all be named
as additional insureds on the policies as to comprehensive general liability, p roperty
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City at least ten (10) days prior written notice thereof. Consultant agrees that it
will not cancel, reduce or otherwise modify the insurance coverage and in the event of
any of the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and shall be issued by an insurance company which is
authorized to do business in the State of California or which is approved in writing by
the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
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F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of th e City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation a nd
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Consultant fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consu ltant's
prior written consent, use the same for other unrelated projects.
12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
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reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Cons ultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such in terest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive a ny compensation, monetary
or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a
result of the performance of this Agreement. Consultant's covenant under this section
shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
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this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed
by or on behalf of Consultant state either that it is an equal opportunity employer or that
all qualified applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work within the timeframe agreed to by and
between the Project Manager and the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Reserved.
21. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes tha t delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
22. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
23. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
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24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
25. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing p arty in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
26. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
27. Notices. Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
NBS (CivicMic) City of Diamond Bar
32605 Temecula Parkway, Suite 100 21810 Copley Drive
Temecula, CA 92592 Diamond Bar, CA 91765-4178
Attn.: Danielle Wood Attn.: Daniel Fox
Phone: 800.676.7516 Phone: 909-839-7010
E-Mail: dwood@civicmic.com E-mail: dfox@diamondbarca.gov
28. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any
action brought under this Agreement shall be in Los Angeles County.
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29. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant
Treasurer. If only one corporate officer exists or one corporate officer holds more than
one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
NBS Government Finance Group CITY OF DIAMOND BAR
By: ______ By: ____
Printed Name: Nancy Lyons, Mayor
Title:
By: ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
Approved as to form:
By:____
David A. DeBerry,City Attorney
30. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement
between Consultant and City. This Agreement supersedes all prior oral or written
negotiations, representations or agreements. This Agreement may not be amended,
nor any provision or breach hereof waived, except in a writing signed by the parties
which expressly refers to this Agreement. Amendments on behalf of the City will only
be valid if signed by a person duly authorized to do so under the City's Purchasing
Ordinance.
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EXHIBIT “A”
SCOPE OF SERVICES
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helping communities fund tomorrow
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
www.nbsgov.com
July 19, 2021
Hal Ghafari, P.E.
Public Works Manager/Assistant City Engineer
City of Diamond Bar
Department of Public Works
21810 Copley Drive
Diamond Bar, CA 91765
RE: Public Engagement Services
Dear Mr. Ghafari,
Public Engagement is a planned process where the City and the community work together to express their
points of view and discover common ground. NBS is glad the City is considering developing this critical
stage of the governance process. NBS has worked with hundreds of agencies providing assessment district
services and we offer a unique perspective to the engagement and outreach efforts because of our
understanding of the assessment district formation and administration process. The following scope
outlines the public engagement efforts recommended at this time.
Scope of Services
PUBLIC ENGAGEMENT – FOCUSED COMMUNITY EFFORTS
NBS and the City will create a framework for outreach efforts with greater collaboration from residents that
emphasizes relationship and trust-building. NBS will utilize social media to relay information, educate and
understand residents on a closer level. Engagement activities will always aim to reach residents with diverse
backgrounds allowing for unique perspectives. Items such as logistics and skillsets are considered when
developing engagement activities. This engagement process will anticipate issues and work to address them
proactively.
Initial Research - Kick-Off Meeting, Project Schedule
NBS will communicate with the City throughout the duration of the project to clarify the City’s goals,
identify any particular circumstances, and develop a realistic project schedule. The following Work Plan
details the steps needed to complete the public engagement process for the City’s Landscaping
Assessment District.
NBS will meet with City staff, legal counsel, and other interested parties to:
• Establish lines of communication
• Clarify the specific project goals and criteria that will meet the City’s preference
• Identify and resolve any special circumstances regarding the engagement process
• Develop an engagement schedule to provide for effective interaction of all involved parties
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City of Diamond Bar
Public Engagement Services Page 2
Webpage updates - Develop and deploy content to a dedicated Assessment District webpage and social
media
This task includes but is not limited to the following items. All posts to the webpage are emailed directly to
the Assessment District 39 Listserv members. A link will be provided for the City website to send property
owners directly to CivicMic.com.
• Background on the need for this project and revenue
• History on use of current funds available to the City
• Ongoing updates on maintenance
• Calendar of anticipated events (such as timeline for dissolution, community meetings, 218
proceedings including public hearing and ballot tabulation dates.)
• Legislative updates
• Meeting announcements and minutes
• Content development and update for website and social media
• Specialized mapping and graphics. Below is a sample map showing parcels engaged in a community
on CivicMic.com.
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City of Diamond Bar
Public Engagement Services Page 3
Email Campaign - Establishment of a District 39 Listserv
Using the CivicMic platform, we will establish an email contact list for most participants in this engagement.
Multiple postcards will be mailed out announcing the survey and community meetings and explaining how
to sign up at CivicMic.com to receive updates.
Property Owner Support - Provide phone and email support throughout the process:
Developing trust in the community requires open lines of communication. The CivicMic staff spends 100s
of hours responding to residents on the phone and social media. A toll-free phone number will be provided
for use by the City, property owners, and any other interested parties. Bilingual staff will be available for
Spanish-speaking property owners. In addition, property owners can submit questions directly to
CivicMic.com.
Surveys – Develop up to two online/mailed surveys to gather information from communities
Surveys will be mailed at the beginning and the end of the engagement efforts to determine support for the
establishment of an increased assessment by:
• Providing concise explanations about the survey.
• Developing specific questions that allow for focused results.
• Engaging a larger demographic within the boundaries.
• Measuring the performance of the survey.
• Providing useful and detailed results.
Community Meetings - Provide the following meeting services for meetings
• Hosting one virtual meeting and one in person meeting to allow the community to discuss items of
importance and build a sense of community.
• Creation and posting of community meeting notices on various outlets.
• Lead meetings with objectives created with the City prior to the meeting.
• Development of action items based on feedback received at Community Meetings or from surveys
and other ongoing communication efforts.
• Recorded community meetings that will be shared to CivicMic.com and social media sites.
Working Group - Identify and Convene
Assemble a group of individuals to provide input on the project process and formation options. Through
surveys and meetings, the CivicMic team will work with the community to determine a group of individuals
that represents various communities and demographics within the proposed boundaries. We will then
work with this group throughout the formation process to gather input and to provide tools so that the
working group can share updates with various groups in the community.
Multilingual Factsheet
Fact Sheet development and design (translated into two more languages, i.e. Chinese and Korean)
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City of Diamond Bar
Public Engagement Services Page 4
Fees
PUBLIC ENGAGEMENT DISTRICT 39
Initial Research ................................................................................................................................................
Webpage Updates ...........................................................................................................................................
Email Campaign ...............................................................................................................................................
Property Owner Support .................................................................................................................................
Total plus Expenses ................................................................................................................. $25,000
OPTIONAL SERVICES
Surveys................................................................................................................................................. $4,500
Community Meetings .......................................................................................................................... $8,000
Working Group .................................................................................................................................... $6,000
Multilingual Factsheet ......................................................................................................................... $4,500
EXPENSES
Customary out-of-pocket expenses will be billed to the City at actual cost to NBS. These expenses may
include, but not be limited to, mailing fulfillment, postage, reproduction, telephone, travel, meals and
various third-party charges for data, maps, and recording fees.
ADDITIONAL SERVICES
The following table shows our current hourly rates. Additional services authorized by the City but not
included in the scope of services will be billed at the then applicable hourly rate.
Title Hourly Rate
Director $225
Associate Director 210
Senior Consultant / Manager 175
Consultant 155
Analyst 130
Clerical/Support 105
TERMS
Public Engagement services will be invoiced monthly. Expenses will be itemized and included in the next
regular invoice. If either party prematurely terminates the project, NBS shall receive payment for work
completed. Payment shall be made within 30 days of the submittal of an invoice. If payment is not received
within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel
the consulting contract with 30 days' written notice.
5.1.a
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1450782.1
SECOND AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Second Amendment to Consultant Services Agreement (“Second Amendment”)
is made and entered into as of September 21, 2021, by and between the City of Diamond
Bar, a municipal corporation (“City”), and SCI Consulting Group, a California corporation
(herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of May 5, 2021, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated
as of April 6, 2021, which is incorporated herein by this reference (“First Amendment”),
which First Amendment and Original Agreement collectively are referred to herein as the
"Agreement");
C. The City and the Consultant desire to amend the Agreement as provided
herein.
NOW, THEREFORE, the parties agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms
used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Revised Scope of Services. The Scope of Services, Exhibit "A" to the
Original Agreement and First Amendment, is hereby amended, modified and supplemented
to include the services described in Exhibit "A" attached hereto and incorporated herein by
this reference.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from July 1, 2020 to June 30, 2023. The First Amendment did not change the Term. This
Second Amendment does not change the Term.
4 Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement, was the sum of Fifty-two Thousand and Two Hundred and
Eight Dollars ($52,208). The First Amendment amended Section 3 of the Original
Agreement to provide for a total not-to-exceed compensation in the sum of Sixty-five
Thousand and Eight Hundred and Eight Dollars ($65,808). The total not-to-exceed
compensation of the Agreement is hereby amended to provide for an increase of Fifteen
Thousand and One Hundred Dollars ($15,100) so that the total not-to-exceed
compensation, as amended by this Second Amendment shall not exceed Eighty
5.1.b
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1450782.1
Thousand and Nine Hundred and Eight Dollars ($80,908) without the prior authorization
of the City.
5.Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Second Amendment amends,
as set forth herein, the Agreement and except as specifically amended hereby, the
Agreement shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and provisions of this Second Amendment and the terms
and provisions of the Agreement, the terms and provisions of this Second Amendment shall
control.
IN WITNESS hereof, the parties enter into this Second Amendment on the year and
day first above written.
“CONSULTANT” “CITY”
SCI CONSULTING GROUP CITY OF DIAMOND BAR
*By:By:
Printed Name: Nancy A. Lyons, Mayor
Title:
*By:ATTEST:
Printed Name:
Title:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David DeBerry, City Attorney
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If
only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
John W. Bliss
President
John W. Bliss
Secretary
5.1.b
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1450782.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
5.1.b
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1
September 7, 2021 VIA Email
David Liu, Public Works Director
City of Diamond Bar
21810 Copely Drive
Diamond Bar, CA 91765
Re: Proposal for Assessment Engineering, Formation, Balloting Services and Other Professional
Consulting Services for Assessment District No. 39
Dear David:
SCIConsultingGroup (“SCI”) is pleased to submit, for your review, this proposal to provide City of Diamond
Bar (“City”) with special assessment engineering, balloting services, and other professional consulting
services for Landscape Maintenance District 39.
The City conducted a Proposition 218 ballot proceeding in 2019 to replace the existing Landscape
Maintenance District 39 (“LMD 39”) that was unsuccessful. More recently, the City Council had decided
to adopt a resolution of intent to dissolve LMD 39. However, there may be some interest by community
members in revisiting the Proposition 218 balloting as support levels for a higher assessment may have
increased.
SCI has prepared this proposal with the understanding that we will update the 2019 documents
(engineer’s report, resolutions, ballot guide and ballots) and conduct the full Proposition 218 process. The
primary difference from our 2019 proposal is that SCI will not participate in the community outreach
process. In addition, there will be certain efficiencies realized as the 2019 assessment engineering work
is still valid and would primarily require an updated costs basis.
SCOPE OF WORK
The purpose of this proposal is to outline the responsibilities SCI Consulting Group would assume in
assisting with a Proposition 218 assessment ballot proceeding and formation of a new Assessment District.
This proposal includes all engineering services, mailing and design services, data analysis, voter tabulation,
project coordination and other related tasks associated with such formations and ballot proceeding.
1. Project Analysis and Development:
a. Meet with City Staff as needed to confirm the boundaries to be used, timeline and a
description of the work to be performed.
b. Review the City’s budgets and other cost of service information.
5.1.b
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2
2. Preparation of Assessments and Engineer's Report:
a. Obtain data from the County Assessor for all parcels within the Assessment District
boundaries.
b. Obtain copies of Assessor Parcel Maps and prepare the Boundary Map and Assessment
Diagrams.
c. Research and determine other property information required for benefit
apportionment such as assessable land area, number of residential dwelling units,
proximity to improvements to be financed, etc.
d. Analyze the potential tax base and estimate special benefit received by each assessable
parcel in compliance with the provisions of Proposition 218. In addition, evaluate and
quantify general benefits.
e. Describe the improvements to be financed.
f. Develop cost estimates for improvements and expenses to be paid by the proposed
Assessment District formations.
g. In conjunction with City staff, determine the recommended method of assessments.
h. Using the project cost estimates and the assessment rules, allocate the estimated cost
of improvements and expenses to all parcels within the Assessment District based on
special benefit received.
i. Prepare an Assessment Diagram for the proposed Assessment District formation.
j. Prepare the Assessment Rolls listing parcel number, assessment number, owner name
and assessment amount for each Assessor Parcel within the Assessment District.
k. Prepare an Engineer's Report in compliance with the provisions of Article XIIID of the
California Constitution which includes the boundaries of the Assessment District,
description of improvements, improvement plans, facility locations, benefit analysis, all
costs, analysis of general verses special benefit, assessments, assessment diagrams and
other information and data.
3. Assessment Ballot Proceedings:
a. Compile and format address data and specific assessment amount for all owners of
record within Assessment Districts. This data would be used for mailing of Notices of
Hearing and property owner ballots.
b. In conjunction with City staff, prepare the Notices of Hearing and Assessment Ballots.
c. Print and mail Notices and Assessment Ballots to all record owners within the
Assessment District. Each notice/ballot shall include all information required by law.
d. Assist with responding to property owner inquiries regarding their proposed
assessment, voting procedures or other issues regarding the Assessment District
formation. Any property owners or other parties who have questions about their
assessment or other issues with the Assessment District can directly contact SCI
Consulting Group on our toll-free 800 phone line: (800-273-5167)
e. Tabulate all assessment ballots.
f. Attend two City Council meetings ( 1. Approve Engineer’s Report, 2. Public Hearing )
and respond to all questions and make presentations as required. It is assumed that the
second City Council meeting would require an in-person attendance as the ballot
tabulation will occur immediately following the Public Hearing.
5.1.b
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3
4. Other Responsibilities:
a. All services will be performed on a timely basis and in accord with a timeline developed
in conjunction with City staff.
b. Submission of levies to the County Auditor-Controller will be paid for under the existing
City-SCI contract for annual levy administration.
5. City Responsibilities:
a. City staff will provide cost projections for LMD 39.
b. City staff will make presentations at any community meetings as needed.
c. City will host any websites developed for the formation including any documents
translated into languages other than English.
FEE SCHEDULE
The compensation for performance of services described under the Scope of Work shall be as follows:
Task AD 39
* Engineer's Report & Resolutions
* Public Inquiries 10,000$
Notice and Ballot
* Design
* Print
* Mail
* Tabulation
4,500$
Base Contract 14,500$
Incidentals (not to exceed)
* One in-person meetings
* Data & other misc expenses
600$
Total Contract Authorization 15,100$
SCI may bill for services on a monthly basis with the full amount due upon tabulation of ballots.
Incidental costs incurred by SCI for the purchase of property data, maps, travel, and other out-of-pocket
expenses incurred in performing the scope of work for the measure shall be reimbursed at actual cost by
City, with a total cost not to exceed $600 without prior authorization from City. This amount is based on
one SCI staff member travelling to the second City Council Meeting for ballot tabulation. Other meetings
are assumed to be done in a virtual format (i.e., no travel expenses).
5.1.b
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4
If you have any questions or require additional information, please do not hesitate to contact me. I can
be reached at (707) 430-4300 or via email at Jerry.bradshaw@sci-cg.com. We look forward to this
opportunity to assist the City of Diamond Bar with this important project and stand ready to proceed.
Sincerely,
Jerry Bradshaw
Senior Engineer
5.1.b
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1
Kristina Santana
From:Danielle Rivas <dvance7685@gmail.com>
Sent:Friday, August 27, 2021 4:22 PM
To:Kristina Santana
Subject:Public Comments for 9/21 City Council meeting
CAUTION: This message originated outside of our City of Diamond Bar network.
Hello,
I am alarmed and disappointed to hear that the City of Diamond Bar refuses to take action against the openly displayed
vulgarity that has been menacing ours and nearby communities for months.
The issue is not that the vendor is selling political merchandise, it's a matter of public decency. On numerous occasions
these people have been told to remove their giant FUCK BIDEN flag as well as the graphic sexual material for sale, and
yet they continue to make a mockery of code enforcement by displaying them again and again with impunity.
When calling the city to see what was being done to address this concern, I was told by a female receptionist in the code
enforcement department that "FUCK BIDEN" being publicly displayed is, "state approved free speech." When I asked
about the graphic sexual material, she gave me the same answer. When I asked if this vendor, who has a valid business
license, could sell a flag depicting human genitalia near a school and in public view, she again told me it was "state
approved free speech."
So the message I've received straight from the City of Diamond Bar is as follows: If you own a business, you can literally
advertise ANYTHING in public, even sexual organs right near a school, because it's "state approved free speech."
While you cowardly hide behind this argument, the people of your city are unnecessarily divided, and tensions are high
to where a violent encounter is a VERY real possibility. Behind those who meet this display of public trash with righteous
anger, there are also those who are actively struggling to recover from sexual assault. There should be no reason for a
citizen of Diamond Bar to feel sexually harassed or threatened because city leaders would rather collect a few hundred
dollars of permit money than enforce public decency laws that have been in place long before Trump or Biden ran for
office.
There should be no reason that a well-funded city like Diamond Bar can't survive without the business of a vendor who
refuses to respect the public space. And yet, you do nothing, showing the citizens that their safety and comfort is worth
less than the money it costs to receive a vending permit.
As a tax-paying member of the Diamond Bar community I ask for decency, but I demand accountability.
Regards,
Danielle Rivas
(909)568-4547
1
Kristina Santana
From:BARBARA ARMSTRONG <barbymast@aol.com>
Sent:Friday, September 17, 2021 5:23 PM
To:Kristina Santana
Subject:For Public Comment
CAUTION: This message originated outside of our City of Diamond Bar network.
Samuel and I would like all people of Diamond Bar, those involved in politics and those not involved in politics to, to
eschew the hate mongers and foul language displayers, that have been marring our city sidewalks. We can all do better
than this.
Thank you,
Barbara Armstrong and Samuel Armstrong
Concerned Diamond Bar Residents
1
Kristina Santana
From:Sanobar Baig <sanobar50@yahoo.com>
Sent:Friday, September 17, 2021 6:10 PM
To:Kristina Santana
Subject:Concern about flags posters with obscenities
Follow Up Flag:Follow up
Flag Status:Flagged
CAUTION: This message originated outside of our City of Diamond Bar network.
Hello,
Pls add my concerns in the citizens concern section at the next city counsel mtg ty Sanobar Baig “ I have noticed flags /
posters with obscene language being displayed on the streets of our city specially on north end of Diamondbar blvd .
This is disturbing since we as adults need to be a healthy role model for our kids and others at large in how we express
our displeasure on any issue be it political , cultural or religious .
Ty for taking the time ti read my comments Sanobar Baig . “
Sent from my iPhone
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