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2021.12.21 Agenda Packet - Regular Meeting
City Council Agenda Tuesday, December 21, 2021 6:30 PM PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person or via teleconference. 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: The public can observe the meeting by calling +1 (562) 247 -8321, Access Code: 993-817-139 OR visit: https://attendee.gotowebinar.com/register/2972346487011869707. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/2972346487011869707. 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. NANCY A. LYONS Council Member STAN LIU Council Member STEVE TYE Council Member RUTH M. LOW Mayor ANDREW CHOU 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 invited 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 meeting 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/2972346487011869707 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 21, 2021 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou, Mayor Low 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. At this time, the teleconference moderator will ask 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 then be called upon to speak at that point in the agenda. 3. SCHEDULE OF FUTURE EVENTS: 3.1 Christmas Day Holiday – December 23-24, 2021 – City Offices Closed DECEMBER 21, 2021 PAGE 2 3.2 Planning Commission Meeting – December 28, 2021 – 6:30 p.m. – CANCELLED 3.3 New Year’s Day Holiday – December 31, 2021 – City Offices Closed 3.4 City Council Meeting – January 4, 2022, 6:30 p.m. – CANCELLED 3.5 Planning Commission Meeting – January 11, 2022 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference. 3.6 City Council Meeting – January 18, 2022, 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference. 4. 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 member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 CITY COUNCIL MINUTES OF THE DECEMBER 7, 2021 REGULAR MEETING. 4.1.a December 7, 2021 City Council Minutes Recommended Action: Approve the December 7, 2021 Regular City Council meeting minutes. Requested by: City Clerk 4.2 RATIFICATION OF CHECK REGISTER DATED DECEMBER 1, 2021 THROUGH DECEMBER 14, 2021 TOTALING $469,232.22. Recommended Action: Ratify the Check Register. Requested by: Finance Department 4.3 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. Recommended Action: Adopt Resolution No. 2021-55, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. DECEMBER 21, 2021 PAGE 3 Requested by: City Manager 4.4 CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). Recommended Action: Adopt Resolution No. 2021-56 extending the Declared Local Emergency regarding Novel Coronavirus (COVID-19). Requested by: City Manager 4.5 AUTHORIZATION FOR THE CITY OF DIAMOND BAR TO “OPT-IN” AND PARTICIPATE IN THE NATIONAL OPIOID SETTLEMENT AGREEMENT. Recommended Action: Adopt Resolution No. 2021-57, providing for the City of Diamond Bar to “Opt-In” and participate in the National Opioid Settlement and authorizing the City Manager to take related actions to sign all necessary agreements and documents. Requested by: City Manager 4.6 ARBOR DAY PROCLAMATION. Recommended Action: Adopt a Proclamation declaring December 21, 2021 as Arbor Day. Requested by: City Manager 4.7 ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON LOCAL AND REGIONAL BOARDS, COMMISSIONS AND COMMITTEES. Recommended Action: Ratify the Mayor's appointments, and adopt Resolution No. 2021-58 confirming appointments to the San Gabriel Valley Council of Governments. Requested by: City Manager 5. PUBLIC HEARINGS: NONE. 6. COUNCIL CONSIDERATION: 6.1 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING DEFINITIONS, OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, AND PROCESSES FOR TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB DECEMBER 21, 2021 PAGE 4 9). Recommended Action: Adopt Urgency Ordinance No. (05) 2021, to be effective January 1, 2022. Requested by: Community Development Department 7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 8. ADJOURNMENT: Agenda #: 4.1 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE DECEMBER 7, 2021 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the December 7, 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: 4.1 Packet Pg. 7 Attachments: 1. 4.1.a December 7, 2021 City Council Minutes 4.1 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 DECEMBER 7, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:30 p.m. M/Lyons stated that 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 very limited due to distancing requirements on a first-come, first-serve basis. PLEDGE OF ALLEGIANCE: Mayor Lyons 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; David DeBerry, City Attorney; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Jacob Jacobsen, Finance Director; Joan Cruz, Administrative Assistant; April Chew, Accountant; Kristina Santana, City Clerk Staff present telephonically: Hal Ghafari, Public Works Manager/Assistant City Engineer; Ken Desforges, Information Systems Director; Amy Haug, Human Resources and Risk Manager; Ryan Wright, Parks and Recreation Director; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Alfa Lopez, Senior Management Analyst; David Liu, Public Works Director; Greg Gubman, Community Development Director Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff’s Department APPROVAL OF AGENDA: As presented. 1. CITY COUNCIL REORGANIZATION: 1.1 Selection of Mayor. Council Member Lyons nominated Council Member Low to serve as Mayor. There were no other nominations offered. Council Member Low was unanimously elected to serve as Mayor by the following Roll Call vote: Chou Yes Liu Yes Low Yes Lyons Yes 4.1.a Packet Pg. 9 DECEMBER 7, 2021 PAGE 2 CITY COUNCIL Tye Yes 1.2 Selection of Mayor Pro Tem Council Member Tye nominated Council Member Liu to serve as Mayor Pro Tem. Council Member Liu nominated Council Member Chou to serve as Mayor Pro Tem. There were no other nominations offered. Council Member Chou was elected to serve as Mayor Pro Tem by the following Roll Call vote: Chou Chou Liu Chou Lyons Liu Tye Liu M/Low Chou 1.3 Presentation to 2021 Mayor Nancy Lyons Mayor Low presented 2021 Mayor Nancy Lyons with a gavel and gifts and thanked her for her service. Abigail Fachtmann presented a Certificate of Recognition on behalf of United States Representative Young Kim. 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 2.1 Business of the Month – F45 Fitness – Mayor Low gave a presentation and encouraged the community to watch the Business of the Month video on the City’s website. 3. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox introduced new Accountant April Chew. 4. PUBLIC COMMENTS: In person: Allen Wilson thanked CC/Santana for her efforts toward acquiring an interpreter or CART (Communication Access for Real time Translation) available during meetings to accommodate the hearing impaired which he deemed essential for his participation. Pui-Ching Ho spoke about December library events. CC/Santana stated one email was submitted for public comment from Adrienne Cotterell which was forwarded to the City Council. The following speakers spoke as representatives of a new non-profit organization, Pathways for Community Service and Leadership: 4.1.a Packet Pg. 10 DECEMBER 7, 2021 PAGE 3 CITY COUNCIL Conner Fox, Walnut High School student, thanked MPT/Chou and M/Low for their generous help and kindness. Gary Chou commented on the new non-profit, Pathways for Community Service and Leadership and thanked M/Low for providing an opportunity for the students to see the criminal justice system in action. Nicholas Hernandez thanked M/Low for the time she gave to the organization to explain her efforts as a City Council Member and as a Deputy District Attorney. Ash Navara thanked M/Low for all she has done for the organization. Tony Torng, Diamond Bar resident, said he appreciated M/Low and outgoing M/Lyons for all they have done for Diamond Bar and Walnut students. 5. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Calendar of Future Events. 6. CONSENT CALENDAR: C/Lyons moved, MPT/Chou seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Lyons Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1a REGULAR MEETING OF NOVEMBER 16, 2021. 6.2 RATIFIED CHECK REGISTER DATED NOVEMBER 10, 2021 THROUGH NOVEMBER 30, 2021 TOTALING $868,661.46. 6.3 APPROVED TREASURER’S STATEMENT FOR THE MONTHS OF AUGUST 2021 AND SEPTEMBER 2021. 6.4 ADOPTED RESOLUTION NO. 2021-54, PROVIDING FOR CONTINUED USE OF TELECONFERENCING AND OTHER FORMATS AS DEFINED AND IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL, CITY COMMISSIONS AND SUBCOMMITTEES. 6.5 SET DECEMBER 21, 2021 AT 9:00 A.M. IN THE WINDMILL COMMUNITY ROOM AT CITY HALL AS THE DATE, TIME AND LOCATION TO HEAR APPEALS OF THE BUILDING OFFICIAL’S NOTICE AND ORDER TO REPAIR SUBSTANDARD BUILDING CONDITIONS AT THE VILLAGE AT DIAMOND BAR CONDOMINIUM COMPLEX. 4.1.a Packet Pg. 11 DECEMBER 7, 2021 PAGE 4 CITY COUNCIL 6.6 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 03 (2021): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING SECTIONS 22.08.030 (RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), SECTION 22.30.040 (NUMBER OF PARKING SPACES REQUIRED), 22.42.040 (CHILD DAY CARE FACILITIES), SECTION 22.42.140 (GROUP HOMES) AND SECTION 22.80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ENACT UPDATED REGULATIONS PERTAINING TO FAMILY DAY CARE HOMES IN ACCORDANCE WITH STATE LAW. 6.7 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 04 (2021): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.16 (SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION) OF TITLE 8 (HEALTH AND SAFETY) OF THE DIAMOND BAR CITY CODE, IMPLEMENTING SB 1383 ORGANIC RECYCLING REGULATIONS. 7. PUBLIC HEARINGS: NONE 8. COUNCIL CONSIDERATION: RECESS: M/Low recessed the City Council Meeting to the Public Financing Authority at 7:06 p.m. RECONVENE: M/Low reconvened the City Council Meeting at 7:18 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Liu thanked staff for a great meeting this evening and said he looked forward to the new leadership of M/Low and MPT/Chou. He thanked the City, staff and volunteers for a wonderful Snowfest and craft show that brought much joy to the community and thanked Farmer Bob for his generosity to the community he served. Rest in peace as gardener of the orchard in the sky. C/Tye said that Snowfest was terrific and staff does a great job putting it together. He spoke about the City’s recycling efforts that resulted in saving 193 trees and space in landfills and asked that tonight’s meeting be adjourned in memory of former U.S. Senator and veteran Bob Dole. C/Lyons agreed with her colleagues that everything about the Snowfest event was terrific. For her, the best part of the event was seeing kids talk to Santa up close. She and MPT/Chou attended the Heart of Hope program on Sunday and 4.1.a Packet Pg. 12 DECEMBER 7, 2021 PAGE 5 CITY COUNCIL she attended the Baldwin Park Celebration of the opening of Esperanza Villa, a village of tiny dwellings for homeless. Last week she met with other Inland Valley elected individuals concerning the Inland Valley Humane Society and learned of several services the society was providing of which she was unaware including low cost vaccinations and neutering and asked CM/Fox to find out more about the free and low cost services and follow up with an article in DB Connection to let the community know what the City is paying $375,000 a year for so that they can take advantage of services offered. She spoke about the City’s records retention service and paper recycling that cuts back on the need for storing paper documents. She congratulated M/Low and said 2022 would be a great year for the City with her at the helm. MPT/Chou thanked staff for the well-attended Snowfest event, spoke about the newly opened super charging station and the charging station at City Hall scheduled to open soon. He congratulated M/Low and thanked her for her vote of confidence and said he looked forward to learning about her priorities for next year and ways in which they can work together for the betterment of the City. M/Low was touched by her colleague’s comments and confidence in selecting her as Mayor for 2022 which is an honor for her. As the City continues transitioning from post pandemic to a new normal her focus will be to continue to work on the quality of life for residents and businesses and believes the City will continue to innovate in its ability to provide services and address new challenges as they arise. There is much to do about which she is excited and believes the City Council, working together with the very capable staff, can get it done. She is especially touched by her friends at Pathways and excited about the future of the organization and its achievements and service to the community. She agreed with her colleagues that the Snowfest was a special event with special thanks go PRD/Wright who brought the event together. She reminded everyone to shop local and wished everyone a wonderful holiday season. ADJOURNMENT: With no further business to conduct, M/Low adjourned the Regular City Council Meeting at 7:30 p.m. in memory of United States Senator Bob Dole and Farmer Bob. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 7th day of December, 2021. __________________________ Ruth M. Low, Mayor 4.1.a Packet Pg. 13 Agenda #: 4.2 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED DECEMBER 1, 2021 THROUGH DECEMBER 14, 2021 TOTALING $469,232.22. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $469,232.22. 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 December 1, 2021 through December 14, 2021 totaling $469,232.22 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: 4.2 Packet Pg. 14 REVIEWED BY: Attachments: 1. 4.2.a Check Register Affidavit 12-21-2021 2. 4.2.b Check Register 12-21-2021 4.2 Packet Pg. 15 4.2.a Packet Pg. 16 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4014 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 100220 50062 $135.82 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 239 21106 $174.06 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 238 21106 $304.95 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 201 21106 $435.41 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 206 21106 $699.97 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 250 21106 $909.74 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 207 21106 $1,086.99 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 105220 50048 $1,287.00 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 100 10000 $8,157.55 12/10/2021 PERS HEALTH HEALTH INSURANCE PREMIUM DECEMBER 2021 100 21106 $40,220.84 CHECK TOTAL $53,412.33 4015 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 207 21118 $8.27 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 238 21118 $10.10 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 239 21118 $10.10 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 250 21118 $27.35 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 206 21118 $66.44 12/10/2021 TASC FLEX SPENDING MEDICAL/CHILDCARE 12/10/2021 100 21118 $1,084.43 CHECK TOTAL $1,206.69 4016 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 239 21109 $201.79 4.2.b Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 238 21109 $301.94 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 201 21109 $531.87 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 207 21109 $574.42 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 250 21109 $1,454.53 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 206 21109 $2,216.25 12/10/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 12/10/2021 100 21109 $44,579.27 CHECK TOTAL $49,860.07 4017 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 239 21110 $145.37 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 238 21110 $222.53 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 201 21110 $403.33 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 207 21110 $717.86 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 250 21110 $1,048.21 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 206 21110 $1,059.14 12/10/2021 CALPERS PENSION CONTRIBUTION 11/20/2021- 12/3/2021 PP 25/21 100 21110 $31,219.37 CHECK TOTAL $34,815.81 4018 12/14/2021 HIMANSHU TANNA CAMERA OPERATOR-VETERANS RECOGNITION 100240 52130 $350.00 12/14/2021 HIMANSHU TANNA CAMERA OPERATOR FOR 2021 WINTER SNOW FEST 100240 55000 $400.00 CHECK TOTAL $750.00 4019 12/14/2021 MV CHENG & ASSOCIATES INC TEMP STAFFING - FINANCE NOVEMBER 2021 100210 54900 $18,655.00 CHECK TOTAL $18,655.00 4020 12/14/2021 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINTENANCE SERVICES (ADDL @ PANTERA) 100630 52320 $960.00 4.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $960.00 4021 12/14/2021 SC FUELS FLEET VEHICLE FUEL 502130 52330 $44.34 12/14/2021 SC FUELS FLEET VEHICLE FUEL 502620 52330 $146.01 12/14/2021 SC FUELS FLEET VEHICLE FUEL 502430 52330 $163.89 12/14/2021 SC FUELS FLEET VEHICLE FUEL 502655 52330 $449.31 12/14/2021 SC FUELS FLEET VEHICLE FUEL 502630 52330 $762.19 12/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502620 52330 $28.94 12/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502130 52330 $46.26 12/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502655 52330 $561.69 12/14/2021 SC FUELS FUEL (FLEET VEHICLES) 502630 52330 $724.05 CHECK TOTAL $2,926.68 4022 12/14/2021 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (OCT) 100655 55510 $12,759.42 CHECK TOTAL $12,759.42 4023 12/14/2021 4 SEASONS ROOFING INC HERITAGE PARK (A,B & D) RE- ROOF/REHABILITATION 301630 56104 $61,655.00 CHECK TOTAL $61,655.00 4024 12/14/2021 ABSOLUTE SECURITY INTERNATIONAL INC OCT 2021 SECURITY GUARD SERVICES 100510 55330 $2,011.50 12/14/2021 ABSOLUTE SECURITY INTERNATIONAL INC NOV 2021 SECURITY GUARD SERVICES 100510 55330 $2,214.00 CHECK TOTAL $4,225.50 4025 12/14/2021 AIRGAS INC HELIUM 100630 51200 $9.54 12/14/2021 AIRGAS INC HELIUM 100520 51200 $95.40 CHECK TOTAL $104.94 4026 12/14/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (NOV) 100630 52320 $70.00 12/14/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (NOV) 100510 52320 $105.00 12/14/2021 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (NOV) 100620 52320 $120.00 CHECK TOTAL $295.00 4.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4027 12/14/2021 ROBYN A BECKWITH PLANT MAINTENANCE FOR CITY HALL & LIBRARY IN NOV. 100620 52320 $651.00 12/14/2021 ROBYN A BECKWITH PLANT MAINTENANCE (DBC & HERITAGE) NOV 100620 52320 $207.35 12/14/2021 ROBYN A BECKWITH PLANT MAINTENANCE (DBC & HERITAGE) NOV 100510 55300 $412.35 CHECK TOTAL $1,270.70 4028 12/14/2021 KATHY BREAUX INSTRUCTOR PAYMENT - ART - FALL 2021 100520 55320 $282.00 CHECK TOTAL $282.00 4029 12/14/2021 BRIAN MARTINEZ VETERANS DAY PHOTOGRAPHY 100240 52130 $350.00 12/14/2021 BRIAN MARTINEZ WINTER SNOW FEST PHOTOGRAPHY 100240 55000 $425.00 CHECK TOTAL $775.00 4030 12/14/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK 100 22109 $3,518.00 12/14/2021 CANNON CORPORATION PLAN CHECK - 2218 INDIAN CREEK 100 22109 $3,858.75 12/14/2021 CANNON CORPORATION PLAN CHECK - 2775 SHADOW CANYON 100 22109 $140.98 12/14/2021 CANNON CORPORATION FINAL MAP - 850 BREA CANYON 100 22109 $234.00 12/14/2021 CANNON CORPORATION PLAN CHECK - 22438 STEEPLECHASE 100 22109 $461.75 CHECK TOTAL $8,213.48 4031 12/14/2021 CHEM PRO LABORATORY INC QTRLY' WATER TREATMENT SERVICE (DBC) 100510 52320 $155.00 12/14/2021 CHEM PRO LABORATORY INC WATER TREATMENT (NOV) 100620 52320 $155.00 CHECK TOTAL $310.00 4032 12/14/2021 COLLEY AUTO CARS INC VEHICLE MAINTENANCE (LIC #1407074) 502655 52312 $848.56 CHECK TOTAL $848.56 4033 12/14/2021 DAVID EVANS AND ASSOCIATES INC GRAND/GSD INTERSECTION - CONSTRUCTION ADMIN 301610 56105 $1,192.17 CHECK TOTAL $1,192.17 4034 12/14/2021 DIAMOND BAR WOMAN'S CLUB DBWC 8TH ANNUAL CASINO NIGHT SPONSORSHIP 101110 52600 $1,000.00 CHECK TOTAL $1,000.00 4035 12/14/2021 DS SERVICES OF AMERICA INC BOTTLED WATER SERVICE (DEC) 100630 51200 $263.62 CHECK TOTAL $263.62 4.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4036 12/14/2021 ECOFERT INC FERTILIZER INJECTION SYSTEM (NOV) 100630 52320 $1,150.00 CHECK TOTAL $1,150.00 4037 12/14/2021 EXTERIOR PRODUCTS CORP HOLIDAY DECOR 2021 100630 56116 $12,435.20 CHECK TOTAL $12,435.20 4038 12/14/2021 GATEWAY CORP CENTER ASSOC CAPITAL CONTRIBUTION & ASSO. DUE FOR DEC., 2021 100620 52400 $2,037.88 CHECK TOTAL $2,037.88 4039 12/14/2021 GERALDINE KELLER INSTRUCTOR PAYMENT - DECORATING - FALL 2022 100520 55320 $48.00 CHECK TOTAL $48.00 4040 12/14/2021 GOVCONNECTION INC TARGUS PRESENTATION CLICKERS 100230 51300 $163.13 CHECK TOTAL $163.13 4041 12/14/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (NOV) 100630 55505 $2,450.00 12/14/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (NOV) 100510 55505 $5,400.00 12/14/2021 GUARANTEED JANITORIAL SERVICE INC JANITORIAL SERVICES (NOV) 100620 52320 $8,724.00 CHECK TOTAL $16,574.00 4042 12/14/2021 HDL COMPANIES CONTRACT SVCS - SALES TAX OCT-DEC 2021 100210 54010 $1,189.92 CHECK TOTAL $1,189.92 4043 12/14/2021 HODGMAN ENTERPRISES PRINTING AND MAILING OF NOVEMBER 2021 NEWSLETTER 100240 52110 $3,000.43 CHECK TOTAL $3,000.43 4044 12/14/2021 INSIGHT PUBLIC SECTOR LOGITECH WECAM /PRESENTATION CLICKER 100230 51200 $340.53 CHECK TOTAL $340.53 4045 12/14/2021 JIVE COMMUNICATIONS INC CITY-WIDE PHONE SYSTEM - DEC 2021 100230 52200 $2,459.18 CHECK TOTAL $2,459.18 4046 12/14/2021 JOBS AVAILABLE ADVERTISEMENT 100220 52160 $312.00 CHECK TOTAL $312.00 4047 12/14/2021 JOSUE PABLO ESPINO PLANNING SERVICES CONSULTANT- 11/15-11/24/21 100410 54900 $4,650.00 4.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $4,650.00 4048 12/14/2021 K7 ENTERPRISES PRINTING EMERGENCY ALERT BANNER 100240 52110 $227.88 12/14/2021 K7 ENTERPRISES PRINTING OF EMERGENCY ALERT BANNERS 100240 52110 $262.45 CHECK TOTAL $490.33 4049 12/14/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT DATA - SEPT 2021 100230 52314 $50.00 12/14/2021 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT DATA - OCT 2021 100230 52314 $50.00 CHECK TOTAL $100.00 4050 12/14/2021 LIEBE SHERI-LYN INSTRUCTOR PAYMENT - DANCE - FALL 21 100520 55320 $360.00 CHECK TOTAL $360.00 4051 12/14/2021 LIEBERT CASSIDY WHITMORE PROF SVCS - H/R OCTOBER 2021 100220 54900 $273.00 CHECK TOTAL $273.00 4052 12/14/2021 LOOMIS COURIER SVCS - NOVEMBER 2021 100210 54900 $708.19 12/14/2021 LOOMIS COURIER SVCS - NOVEMBER 2021 100510 54900 $708.19 CHECK TOTAL $1,416.38 4053 12/14/2021 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT. SYCAMORE CANYON PARK 100630 52320 $568.98 CHECK TOTAL $568.98 4054 12/14/2021 MARAM TANNOUS SOTC EQUIPMENT RENTALS 100240 54900 $2,645.00 CHECK TOTAL $2,645.00 4055 12/14/2021 RICK RAYMOND MATTIE CAMERA OPERATOR-VETERANS RECOGNITION 100240 52130 $350.00 12/14/2021 RICK RAYMOND MATTIE CAMERA OPERATOR FOR WINTER SNOW FEST 2021 100240 55000 $400.00 CHECK TOTAL $750.00 4056 12/14/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38, 39, 41 (NOV) 241641 55524 $4,922.61 12/14/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38, 39, 41 (NOV) 239639 55524 $12,173.54 12/14/2021 MCE CORPORATION LANDSCAPE MAINTENANCE LLAD'S 38, 39, 41 (NOV) 238638 55524 $14,806.30 12/14/2021 MCE CORPORATION ROAD MAINTENANCE (NOV) 201655 55530 $3,359.35 4.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/14/2021 MCE CORPORATION ROAD MAINTENANCE (NOV) 100655 55528 $8,404.96 CHECK TOTAL $43,666.76 4057 12/14/2021 METROLINK METROLINK PASSES - NOVEMBER 2021 206650 55610 $1,194.20 12/14/2021 METROLINK METROLINK PASSES - NOVEMBER 2021 206650 55620 $4,776.80 CHECK TOTAL $5,971.00 4058 12/14/2021 NETWORK PARATRANSIT SYSTEMS INC DIAMOND RIDE TRANS. SVCS FY2021-22 10/2021 206650 55560 $13,031.12 CHECK TOTAL $13,031.12 4059 12/14/2021 NORTH AMERICAN YOUTH ACTIVITIES LLC CONTRACT CLASS INSTRUCTOR YOUTH SOCCER 100520 55320 $3,168.00 CHECK TOTAL $3,168.00 4060 12/14/2021 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $277.00 CHECK TOTAL $277.00 4061 12/14/2021 ONE TIME PAY EE REIMBURSEMENT SHADY GERGUIS MILEAGE REIMBURSEMENT 11/18/2021 100230 52420 $170.24 CHECK TOTAL $170.24 4062 12/14/2021 ONE TIME PAY VENDOR JOSE MAYA RECREATION HOUSEHOLD CREDIT REFUND DUE TO COVID-19 100 20202 $230.00 CHECK TOTAL $230.00 4063 12/14/2021 ONE TIME PAY VENDOR SILVESTRE ROOFING C&D DEPOSIT REFUND 1129 CALBOURNE 100 22105 $250.00 CHECK TOTAL $250.00 4064 12/14/2021 ONE TIME PAY VENDOR SUNSHINE ROOFING C&D DEPOSIT REFUND 21637 HIGH BLUFF 100 22105 $250.00 CHECK TOTAL $250.00 4065 12/14/2021 PAPER RECYCLING & SHREDDING RECORDS DESTRUCTION - 11/24 250170 55000 $110.00 CHECK TOTAL $110.00 4066 12/14/2021 PRO1PRINT, LLC POSTCARDS-EMG AND APP AND NOTEPADS 100240 52110 $1,537.99 CHECK TOTAL $1,537.99 4067 12/14/2021 PROTECTION ONE INC BURGLAR ALARM (DBC) 12.01.21 - 02.28.22 100510 52320 $171.06 4.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $171.06 4068 12/14/2021 PROTECTION ONE INC BURGLAR ALARM (CITY HALL) 12.29.21 - 01.28.22 100620 52320 $35.13 CHECK TOTAL $35.13 4069 12/14/2021 RKA CONSULTING GROUP DESIGN - AREA 1 & GOLDEN SPRINGS (W) - OCT 2021 301610 56101 $3,967.50 CHECK TOTAL $3,967.50 4070 12/14/2021 SIMPSON ADVERTISING INC 2022 STREET SWEEPING CALENDAR MAGNET ART 100240 54900 $495.00 12/14/2021 SIMPSON ADVERTISING INC PHOTO CONTEST DISPLAY 2021 100240 54900 $1,495.00 CHECK TOTAL $1,990.00 4071 12/14/2021 SOUTHERN CALIFORNIA EDISON PARKS (10.27.21 - 11.28.21) 100630 52210 $4,393.54 12/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 38 (10.27.21 - 11.28.21) 238638 52210 $423.82 12/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 41 (10.27.21 - 11.28.21) 241641 52210 $195.08 12/14/2021 SOUTHERN CALIFORNIA EDISON 575 DBB & 20671 GOLD SP DR (10.29.21 - 11.30.21) 238638 52210 $37.92 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DIAMOND BAR BL - LS-2 100655 52210 $111.16 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS LS-2 100655 52210 $69.85 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRINGS LS-2 100655 52210 $166.22 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS LS-2 100655 52210 $75.14 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER LS-2 100655 52210 $202.92 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON TC-1 LS-2 100655 52210 $117.83 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS LS-2 100655 52210 $92.01 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CANYON/FALLOWFIELD LS-2 100655 52210 $73.06 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CANYON/OAKCREST LS-2 100655 52210 $55.67 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS LS-2 100655 52210 $96.87 4.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CANYON LS-2 100655 52210 $55.59 12/14/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CENTER LS-2 100655 52210 $74.12 12/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22000 PATHFINDER & VARIOUS TC-1 100655 52210 $3,447.64 12/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566 GOLDEN SPRINGS TC 100655 52210 $243.31 12/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB TC-1 100655 52210 $350.71 12/14/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N. DBB & VARIOUS TC-1 100655 52210 $1,214.33 12/14/2021 SOUTHERN CALIFORNIA EDISON DISTRICT 39 (10.27.21 - 11.28.21) 239639 52210 $311.10 CHECK TOTAL $11,807.89 4072 12/14/2021 SPECTRUM BUSINESS CABLE TV/INTERNET SERVICE - CITY HALL 100230 54030 $5,157.81 CHECK TOTAL $5,157.81 4073 12/14/2021 STAY GREEN INC ADDL' LANDSCAPE MAINTENANCE 100620 52320 $1,020.00 12/14/2021 STAY GREEN INC LANDSCAPE MAINTENANCE (NOV) 100620 52320 $1,053.00 CHECK TOTAL $2,073.00 4074 12/14/2021 TIMOTHY D BOWEN INSTRUCTOR PAYMENT - SCIENCE - FALL 21 100520 55320 $1,035.00 CHECK TOTAL $1,035.00 4075 12/14/2021 US BANK P-CARD STATEMENT - NOVEMBER 2021 999 28100 $17,016.78 CHECK TOTAL $17,016.78 4076 12/14/2021 VERIZON WIRELESS WIRELESS PHONE SERVICE PW/CD - 9/17/21 - 11/16/21 100230 52200 $4,219.01 CHECK TOTAL $4,219.01 4077 12/14/2021 WANSEO CHUNG INSTRUCTOR PAYMENT - YOGA - FALL 21 100520 55320 $176.40 CHECK TOTAL $176.40 4078 12/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $768.91 12/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $115.08 12/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $69.05 12/14/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $99.21 4.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,052.25 4079 12/14/2021 WILSON FIALLOS INSTRUCTOR PAYMENT - SPORTS - FALL 21 100520 55320 $414.00 CHECK TOTAL $414.00 4080 12/14/2021 WISCONSIN QUICK LUBE INC VEHICLE MAINTENANCE (LIC #1532940) 502655 52312 $77.90 CHECK TOTAL $77.90 4081 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $71.40 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100 22107 $119.60 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $357.00 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $571.20 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $761.60 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100 22107 $809.20 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $1,071.00 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100 22107 $3,141.60 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $4,688.60 12/14/2021 WOODRUFF SPRADLIN & SMART LEGAL SVCS - OCTOBER 2021 100120 54020 $19,998.17 CHECK TOTAL $31,589.37 4082 12/14/2021 ZACHARY JOHN SILVA STORAGE AND RM 101 CLEAN UP 250170 55000 $400.00 CHECK TOTAL $400.00 4083 12/14/2021 AFLAC SUPP INSURANCE PREMIUM NOVEMBER 2021 201 21117 $6.02 12/14/2021 AFLAC SUPP INSURANCE PREMIUM NOVEMBER 2021 207 21117 $17.77 12/14/2021 AFLAC SUPP INSURANCE PREMIUM NOVEMBER 2021 250 21117 $48.22 12/14/2021 AFLAC SUPP INSURANCE PREMIUM NOVEMBER 2021 206 21117 $233.35 12/14/2021 AFLAC SUPP INSURANCE PREMIUM NOVEMBER 2021 100 21117 $1,947.76 CHECK TOTAL $2,253.12 4084 12/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM DECEMBER 2021 250 21105 $1.03 4.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM DECEMBER 2021 206 21105 $1.99 12/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM DECEMBER 2021 207 21105 $1.99 12/14/2021 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM DECEMBER 2021 100 21105 $235.25 CHECK TOTAL $240.26 4085 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 239 21105 $22.08 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 238 21105 $38.37 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 201 21105 $54.14 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 207 21105 $123.10 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 250 21105 $140.72 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 206 21105 $190.51 12/14/2021 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM DECEMBER 2021 100 21105 $4,142.52 CHECK TOTAL $4,711.44 4086 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 239 21114 $0.48 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 238 21114 $0.72 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 201 21114 $1.43 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 207 21114 $2.48 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 250 21114 $3.62 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 206 21114 $4.47 12/14/2021 MANAGED HEALTH NETWORK EMPLOYEE ASSISTANCE PROGRAM PREMIUM DECEMBER 2021 100 21114 $126.00 CHECK TOTAL $139.20 4087 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 239 21107 $2.56 4.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 238 21107 $3.83 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 239 21113 $9.53 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 207 21107 $14.03 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 238 21113 $14.73 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 201 21107 $21.78 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 201 21113 $25.25 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 206 21107 $32.87 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 250 21107 $39.58 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 207 21113 $48.12 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 206 21113 $66.48 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 250 21113 $66.95 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 100 21107 $1,227.85 12/14/2021 STANDARD INSURANCE COMPANY LIFE/LTD/STD INSURANCE PREMIUM DECEMBER 2021 100 21113 $1,864.54 CHECK TOTAL $3,438.10 4088 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 239 21108 $7.68 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 238 21108 $13.23 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 201 21108 $18.08 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 207 21108 $44.09 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 250 21108 $46.57 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 206 21108 $97.38 4.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12/14/2021 VISION SERVICE PLAN VISION INSURANCE PREMIUM DECEMBER 2021 100 21108 $1,631.93 CHECK TOTAL $1,858.96 GRAND TOTAL $469,232.22 4.2.b Packet Pg. 29 Agenda #: 4.3 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2021-55, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. FINANCIAL IMPACT: No financial impact. BACKGROUND/ANALYSIS: Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council first utilized the provisions of AB 361 on November 16, 2021 and adopted Resolution No. 2021-54 on December 7, 2021 making the necessary findings for such use. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as 4.3 Packet Pg. 30 described in the attached Resolution (Attachment 1). The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.3.a Resolution No. 2021-55 4.3 Packet Pg. 31 RESOLUTION NO. 2021-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements expired; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to 4.3.a Packet Pg. 32 Resolution No. 2021-54 2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due community spread of COVID-19; and WHEREAS, The Diamond Bar City Council first utilized the provisions authorized by AB 361 on November 16, 2021 and subsequently adopted Resolution No. 2021-54 re- affirming its continued use; and WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 continues to pose an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361. 4.3.a Packet Pg. 33 Resolution No. 2021-54 3 5. That meetings shall be held in accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 21st day of December, 2021. THE CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 21st day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 4.3.a Packet Pg. 34 Agenda #: 4.4 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19). STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2021-56 extending the Declared Local Emergency regarding Novel Coronavirus (COVID-19). FINANCIAL IMPACT: The continuation of the declared local emergency is necessary to ensure access to reimbursement for related costs in response to COVID-19. The City has submitted a Request for Public Assistance with California Office of Emergency Services (CalOES) to seek reimbursement for all eligible COVID-19 related expenses. BACKGROUND: The rapid global spread of Novel Coronavirus (COVID-19) has resulted in unprecedented actions by Federal, State, County and local agencies, as well as private individuals and businesses, to help combat the community spread of the virus. On March 4, 2020, the Los Angeles County Board of Supervisors declared a State of Emergency and the Los Angeles County Public Health Officials declared a Local Health Emergency. Since that time, numerous actions have been, and continue to be taken, at the Federal, State and County levels to implement far reaching measures that include Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of businesses, schools, colleges, public facilities, cancellation of large community and sporting events, and other limitations all aimed at slowing the community spread of the virus. At the time the City Council declared a local emergency on March 19, 2020, LA County Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2 4.4 Packet Pg. 35 in Diamond Bar), with one death in the County. As of December 14, 2021, there were 1,549,269 confirmed cases and 27,352 deaths in Los Angeles County (including 4,225 cases and 94 deaths in Diamond Bar). Updated numbers will be provided for the Resolution at the meeting. On January 25, 2021, Governor Newsom canceled the Regional Stay Home Order that tied restrictions to available ICU capacity state-wide. On June 15, 2021, Governor Newsom retired the Blueprint for a Safer Economy Program and eliminated the need for social distancing or capacity limits on businesses and other activities, with a few exceptions. While conditions improved in early 2021, since the June 15 reopening COVID-19 case counts and hospitalizations have increased especially for unvaccinated persons. The increasing case count was fueled by the Delta variant, and there are now concerns about the impact of the new Omicron variant that has been identified in California. The Council is being asked to continue the Local State of Emergency (Attachment 1) regarding the COVID-19 pandemic, which was last adopted by Council on October 19, 2021, as is required every 60 days during the existence of the local emergency. The City Manager, as the Emergency Services Director for the City, also intends to continue the activation of the Emergency Operations C enter at the lowest level (Level 3) to be able to provide enhanced communications with LA County Emergency Operations Center (already activated), and with LA County Sheriff and Fire personnel to monitor and respond to essential service requests that may be needed throughout the City. ANALYSIS: The City has taken extraordinary actions and precautions to help protect residents, businesses and our workforce from community spread of COVID-19. The City transitioned to online service delivery and recreation programming to better serve the public, and as of June 14, 2021 has expanded service delivery options to include telephone, video, and in-person appointments. City Operations: • City facilities have welcomed back the public for in-person services as of June 14, 2021, Monday through Friday during regular operating hours. This is in addition to the continued availability of telephone, video calls and on-line appointment-based services offered at City Hall such as building, planning, public works/engineering, as well as transit passes, Diamond Ride identifications, and environmental services. • City playgrounds, skate park, ball fields, tennis/pickleball courts, Basketball/volleyball courts, picnic shelters, trails, and dog park are open. • City Staff continue to work both in-person and remotely in order to better serve the public through the variety of in-person, telephone, and video appointment options. 4.4 Packet Pg. 36 • Hybrid in-person and virtual Council/Commission meetings are being held in the Windmill Community Room at City Hall. • Street sweeping parking enforcement resumed in January 2021. Recreation & Special Events Update: • Recreation programs are being expanded, with in-person and virtual recreation programming available for residents – with information on the City website. • Community in-person special events returned with Concerts in the Park this summer, with the Halloween Party in October and Winter Snow Fest held December 2021. • Field allocations for youth sports organizations are following City policies and in accordance with LA County Public Health. • Recreation staff commenced limited senior programming activities at the Diamond Bar Center in mid-August. The City continues to encourage all residents and children that are eligible to get vaccinated and boosters to help keep the community spread of COVID-19 in check, and to help protect those that are not able to be vaccinated, particularly those under the age of 5. Additional information is available on the County Public Health and City websites. LEGAL REVIEW: City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.4.a Resolution No. 2021-56 Emergency Declaration 4.4 Packet Pg. 37 RESOLUTION NO. 2021-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19) WHEREAS, the Emergency Services Act (Government Code sections 8550 et seq.), and in particular California Government Code sections 8630, et seq. thereof, and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council may proclaim the existence of a local emergency when the City of Diamond Bar is affected or likely to be affected by public calamity; and WHEREAS, the City Council has been requested by the City Manager as the Director of Emergency Services to proclaim the existence of a local emergency in the City of Diamond Bar; and WHEREAS, COVID-19 has spread globally to over 192 countries, infecting more than 263,859,976 persons and killing nearly 5,229,184 individuals worldwide. As of December __, 2021 there were nearly _______ cases in the United States with more than ______ deaths, including _______ cases and ______ deaths in Los Angeles County (_____ cases and __ deaths in Diamond Bar) related to COVID-19. Due to the expanding list of countries with widespread transmission of COVID-19, increasing travel alerts and warnings for countries experiencing sustained or uncontrolled community transmission issued by the Centers for Disease Control and Prevention (“CDC”), the significant number of cases and deaths from COVID-19 still occurring in the United States, California, and Los Angeles County, COVID-19 has created conditions that are likely to be beyond the control of local resources and require the combined forces of other political subdivisions to combat; and WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of community transmission of COVID-19 in the United States. On March 4, 2020, the Health Officer of Los Angeles County determined that there is an imminent and proximate threat to the public health from the introduction of COVID-19 in Los Angeles County and declared a Local Health Emergency and the Los Angeles County Board of Supervisors concurrently proclaimed the existence of a local emergency for the County of Los Angeles; and WHEREAS, on March 4, 2020, Governor Newsom of the State of California declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19); and WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly characterized COVID-19 as a global pandemic; and WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among 4.4.a Packet Pg. 38 Resolution No. 2021-56 2 other things, required residents of California to follow orders and guidance of local public health officials, including following social distancing requirements and suspended certain provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continue spread and the effects of COVID-19; and WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 mandating that residents stay at home while carving out exceptions for workers in specified federal critical infrastructure sectors; and WHEREAS, the State of California and numerous other public and private organizations have announced the cancellation or postponement of all events where social distancing cannot be reasonably achieved; and WHEREAS, the City's ability to mobilize local resources, coordinate interagency response, accelerate procurement of vital supplies, use mutual aid, and seek future reimbursement by the State and Federal governments will be critical to successfully responding to COVID-19; and WHEREAS, the Diamond Bar City Council adopted Resolution 2020-04 on March 19, 2020, proclaiming the existence of a local emergency in response to the COVID-19 public health emergency; and WHEREAS, on June 15, 2021, the Governor retired the Blueprint for a Safer Economy, phasing out the majority of executive actions put in place since March 2020, including elimination of social distancing requirements and occupancy limitation, with a few exceptions, but leaving in place many other executive orders and declaration of emergency; and WHEREAS, the Diamond Bar City Council subsequently adopted Resolution Nos. 2020-12, 2020-22, 2020-38, 2020-41, 2021-01, 2021-06, 2021-14, 2021-32, and 2021- 47 extending the local emergency due to the continued existence of a local emergency; and WHEREAS, the Diamond Bar City Council must review the local emergency at least once every 60 days to determine the need for continuing the local emergency until its termination by the Diamond Bar City Council. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the City Council proclaims that as defined in Government Code section 8558 and Section 8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist throughout the City of Diamond Bar, which proclamation is based on the following findings by the City Council: 4.4.a Packet Pg. 39 Resolution No. 2021-56 3 1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety, and constitutes conditions of extreme peril to the safety of persons and property within the City of Diamond Bar; 2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of Diamond Bar; and 3. That the conditions of extreme peril warrant and necessitate the extension of the proclamation of the existence of a local emergency. IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the threatened existence and actual existence of the local emergency, the powers, functions and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances and resolutions of the City and approved by the City Council. IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are paid in a timely manner, the City Manager and the City Treasurer or their designees are authorized and directed to approve the claims and demands, make payments thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made. IT IS FURTHER PROCLAIMED AND ORDERED in accordance with Assembly Bill 361, it is the present intent of the City Council to conduct hybrid council meetings in which the City Council, staff and the public can either attend in person or via teleconferencing and other electronic means to afford council members, staff and members of the public the ability to implement recommended social distancing and otherwise provide for their own safety, while still proceeding with the efficient handling of the City’s business, while providing opportunities for public participation. IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation be forwarded to the Director of California Governor’s Office of Emergency Services requesting that the Director find it acceptable in accordance with State law that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Diamond Bar; that the Governor waive regulations that may hinder response and recovery efforts; that response and recovery assistance be made available under the California Disaster Assistance Act and the Stafford Act; and that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs. IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local emergency shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council of the City of Diamond Bar, State of California. 4.4.a Packet Pg. 40 Resolution No. 2021-56 4 PASSED, APPROVED AND ADOPTED this 21ST day of December, 2021. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 21st day of December 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 4.4.a Packet Pg. 41 Agenda #: 4.5 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AUTHORIZATION FOR THE CITY OF DIAMOND BAR TO “OPT-IN” AND PARTICIPATE IN THE NATIONAL OPIOID SETTLEMENT AGREEMENT. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt Resolution No. 2021-57, providing for the City of Diamond Bar to “Opt-In” and participate in the National Opioid Settlement and authorizing the City Manager to take related actions to sign all necessary agreements and documents. FINANCIAL IMPACT: It is anticipated that the City of Diamond Bar could receive approximately $154,000 over an 18-year period to be used for abatement of impacts of the opioid crisis. BACKGROUND: After years of negotiations, two proposed nationwide settlement agreements were reached in July 2021 that would resolve the opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors and one manufacturer. The settlement agreements will require these combined defendants to pay up to a total of $26 billion over 18 years to participating states and subdivisions to remediate and abate the impacts of the opioid crisis. The City of Diamond Bar will receive an allocation of the settlement funds only if it “opts-in” to participate in the settlement no later than January 2, 2022. The settlement agreements resolve the litigation brought by the states and local political subdivisions against the distributors McKesson, Cardinal Health and Amerisource Bergen (“Distributors”), and the manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (“J&J”). The proposed settlements require the Distributors to pay up to $21 billion over 18 years and J&J up to $5 billion over 9 years, 4.5 Packet Pg. 42 for a total of $26 billion. Of this amount, approximately $22.7 billion is earmarked for use by participating states and subdivisions. California's Attorney General estimates that about $2.2 billion dollars will be distributed to California. In addition to the monetary payments, the agreements also require the Distributors and J&J to implement changes to methods of opioid marketing, sale and distribution practices and further require the Distributors to implement additional safeguards to prevent diversion of prescription opioids. This reform package includes the creation of a clearinghouse through which the Distributors will be required to account not only for their own shipments, but also the shipments of the other distributors, and to detect, stop, and report suspicious opioids orders. In addition, J&J (which ceased marketing opioids in 2015 and ceased selling opioids in 2020) will not market or sell any opioid products in the next ten years and has agreed to cease lobbying efforts concerned with prescription opioids for ten years. J&J also has agreed to make the clinical trial data for its discontinued opioids available for medical research. Initial allocation of the $26 billion to participating states is based on a methodology determined among the state Attorneys General which looks at population and the severity of harm caused by the opioid epidemic in each participating state. According to this allocation formula, California stands to receive approximately 10% of the settlement proceeds, of which (i) approximately 15% of the proceeds will go to the litigating cities and counties for litigation expenses; (ii) approximately 15% of the proceeds will go to the state; and (iii) approximately 70% will be distributed to counties and cities with a population over 10,000 for opioid abatement, provided that the counties and cities opt-in to the settlement. The funds will be paid over an 18-year period. The funds are expected to be released into trust accounts for disbursements beginning or about July 2022. ANALYSIS: Funds from the settlement will be available for a range of approved abatement uses designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic. The list of pre-approved uses includes a range of intervention, treatment, education, and recovery services. The City will have annual reporting obligations on the use of the funds. Before the funds are released, the settlement agreements are subject to certain milestones, which, if not met, could allow the settling defendants to void the agreements. The principal milestone is that a “critical mass” of both state and local governments “opt in” and, thereby, participate in the settlement. The extent of this participation will determine whether the settlement agreements take effect. Local jurisdictions “opt in” by executing a Participation Agreement. The deadline for Diamond Bar and other jurisdictions to “Opt-In” is January 2, 2022. The attached Resolution (Attachment 1) provides the necessary authorization for the City of Diamond Bar to “Opt-In” and designating the City Manager to take the necessary actions to sign all necessary agreement and documents. 4.5 Packet Pg. 43 The California Attorney General provides more information and copies of the agreements at the following website: https://oag.ca.gov/opioids A copy of correspondence from the Los Angeles County Office of County Counsel regarding the settlement is included in Attachment 2. A copy of the AG's FAQ's is attached for additional information (Attachment 3). LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.5.a Resolution No. 2021-57 2. 4.5.b City Attorney for Cities in Los Angeles County 10-28-21 3. 4.5.c Opioids Settlement FAQ-California Department of Justice-Office of the Attorney General 4.5 Packet Pg. 44 RESOLUTION NO. 2021-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING PARTICIPATION IN THE NATIONAL OPIOID SETTLEMENT AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS. WHEREAS, a settlement has been reached in multi-district litigation in Ohio brought by states and cities against the three largest opioid distributors—McKesson, Cardinal Health and Amerisource Bergen — and the opioid manufacturer Janssen Pharmaceuticals, Inc., a subsidiary of Johnson & Johnson (“Janssen”); and WHEREAS, the proposed settlement (Settlement) consists of an agreement with the opioid distributors and an agreement with Janssen; and WHEREAS, under the terms of the Settlement $21 billion will be paid by the opioid distributors over an 18-year period and Janssen will pay $5 billion over a 7-year period to states, cities, and counties; and WHEREAS, under the terms of Settlement, California is scheduled to receive approximately $2.2 billion, some of which will be distributed to cities and counties; and WHEREAS, although the City is not a litigating entity involved in this litigation, as a City with at least 10,000 residents, it may opt-in and receive the benefits of the Settlement in exchange for releasing its claims against the opioid distributors and Janssen; and WHEREAS, the more cities with populations greater than 10,000 in population, such as the City, which opt-in to the Settlement will enable their respective counties and states to receive more funds under the incentive structure of the Settlement; and WHEREAS, opting-in to the Settlement will enable to the City receive funds from the Settlement, which can be used to treat opioid use disorder and for other specified purposes related to opioid abatement costs, as defined; and WHEREAS, the City wishes to agree to the material terms of the proposed Settlement in order to receive monetary payments over an 18-year period to fund opioid abatement costs; and WHEREAS, jurisdictions must opt-in to the Settlement before January 2, 2022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES AND ORDERS AS FOLLOWS: SECTION 1. Participation in the National Opioid Settlement. The City Council hereby approves and elects to “opt-in” to the settlement agreements reached with 4.5.a Packet Pg. 45 Resolution No. 2021-57 2 distributors McKesson, Cardinal Health, and Amerisource Bergen and with manufacturer Janssen Pharmaceuticals, Inc., a subsidiary of Johnson & Johnson, relating to the National Multi-District Opioid Litigation, as a full participant. SECTION 2. City Manager Appointment. The City Manager is hereby appointed as the City’s Authorized Representative and authorizes the City Manager to take all necessary and reasonable actions to effectuate the City’s participation in the Settlement and sign all necessary agreements and documents, each following review and approval of the City Attorney. PASSED, APPROVED AND ADOPTED this 21st day of December, 2021. CITY OF DIAMOND BAR ___________________________ Ruth M. Low, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 21st day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 4.5.a Packet Pg. 46 ~~,t pF +LOS,y~c COUNTY OF LOS ANGELES °J~z'$,~~`~^N OFFICE OF THE COUNTY COUNSEL ~~ J L~,~ 648 KENNETH HAHN HALL OF ADMINISTRATION ~ ~ 500 WEST TEMPLE STREET Y ~auFORMP. LOS ANGELES, CALIFORNIA 90012-2713 RODRIGO A. CASTRO-SILVA County Counsel October 28, 2021 City Attorneys for Cities in Los Angeles County TELEPHONE (213)974-1852 FACSIMILE (213)680-2165 TDD (213) 633-0901 Re: Participating in The Opioid National Settlements: What Your City Needs to Know Dear City Attorney: I am writing to provide important information about your city's participation in two pending national settlements involving the opioid crisis. To maximize the amount of available funding to combat the opioid crisis in our communities, we recommend that all cities within Los Angeles County participate in both national settlements (as described below). Cities must affirmatively join the national settlements by completing a participation agreement before January 2, 2022. The Two National Settlements There are two pending national settlements that your city is eligible to join. One involves three opioid distributors: McKesson, Cardinal Health, and AmerisourceBergen. The other involves opioid manufacturer Janssen Pharmaceuticals, awholly owned subsidiary of Johnson &Johnson. Forty-two states, including California, have agreed to join the two national settlements ("National Settlements"), and all cities in California are eligible to participate. Attached for your reference is a fact sheet prepared by my office that further summarizes the National Settlements. What the National Settlements Provide to Local Cities The National Settlements provide funds to address impacts of the opioid crisis in individual jurisdictions, including funds for education and substance-use disorder treatment. HOA.103442701.2 4.5.b Packet Pg. 47 City Attorneys for Cities in Los Angeles County October 28, 2021 Page 2 Notice The National Settlements administrator was required to give notice to all state subdivisions. Notices went out on September 17, 2021, and your city should have received one. The notice you received included a particular code for your city, which you will need for your "Participation Agreement." The Participation Agreement The California Attorney General's Office will be distributing a Participation Agreement to each California city in the next few weeks. Once you obtain the necessary authorization from your city council, we ask that you go onto the National Settlements website (www.nationalopioidsettlement.com) and register with your city code. You must include your city-specific participation code to register. Your city will need to designate a representative to sign and execute the Participation Agreement. Amount and Timing The final amount your city will receive will depend on the total number of California cities and counties participating in the National Settlements. The California Attorney General will post the intrastate allocation on the National Settlement website referenced above. Funds allocated to cities of populations under 10,000 will be administered at the county level. Cities with populations over 10,000 can choose to administer the funds themselves (the uses are strictly defined by the National Settlements) or choose to have the funds administered on their behalf by the county in which they are located. Initial funds will be distributed sometime in 2022. Next Steps If you have not already done so, we ask that you confer with your city council to obtain direction on participating in the National Settlements as soon as possible. We recommend that all eligible Los Angeles County cities participate in both National Settlements to maximize the amount of funding available to combat the opioid crisis in our communities. As indicated above, the Participation Agreement must be executed before January 2, 2022. HOA.103442701.2 4.5.b Packet Pg. 48 City Attorneys for Cities in Los Angeles County October 28, 2021 Page 3 Please do not hesitate to contact Andrea Ross at aross@counsel.lacounty.gov or Tracy Hughes at thughes@counsel.lacounty.gov from my office should you have any questions. Very truly LVA County Counsel RAC:SK:mag Attachment HOA.103442701.2 4.5.b Packet Pg. 49 ?~~ of LOS AhC cCJ ~~N o Wr 0 O~l~~E~ COU~ G Background on National Opioid Settlements January 2, 2022 Deadline for Cities to Join Two National Settlements: One with Manufacturer Janssen Pharmaceuticals and the Other with Distributors McKesson, Cardinal Health, and AmerisourceBergen • Number of opioid cases filed across the US on behalf of local jurisdictions: Over 3,500 • Location of most cases: Most cases consolidated in federal court in Ohio • Number of states signing onto the two National Settlements: 42, including California • Approximate Amounts of National Settlements: o Settlement with Janssen/Johnson &Johnson: $5 billion over 9 years, nationwide o Settlement with Distributors: $21 billion over 18 years, nationwide o California eligible to receive a maximum of approximately 10% of each settlement. o Full city participation in Los Angeles County will maximize settlement amounts. o California's portion of funds is reduced if a critical mass of counties and cities do not join the settlements. • Fund Allocation: 0 70% for abatement of local opioid harms 0 15%for statewide programming 0 15%for local entities litigating opioid cases o Initial funds allocated in mid- to late 2022 • Abatement Funds: 50%must be used for "high impact abatement activities," including: o Substance-use disorder ("SUD") treatment, infrastructure, and facilities; o addressing needs of people of color and vulnerable populations disproportionately impacted by SUD; o diversion of people with SUD from the justice system, including training, restorative justice, and harm reduction; o provision of matching funds or costs for operation of SUD facilities; and/or o youth drug addiction prevention programs. • Deadline for Cities to Join National Settlements: January 2, 2022 • How Cities Opt In to the National Settlements: Sign Participation Agreement before January 2, 2022 • More Information and How to Opt In to Settlements: www.Nationalopioidsettlement.com • Contacts for more information: O Attorney General: Michelle Burkart, Michelle.burkart@doi.ca.~ov 323.706.4717 or Judith Fiorentini, judith.fiorentini@dol.ca.~ov 619-517-8756 o Los Angeles County Counsel: Andrea Ross (cross@counsel.lacountv.~ov) or Tracy Hughes (thughes@counsel.lacountv.~ov). HOA.103442418.2 4.5.b Packet Pg. 50 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 1/8 State of Cal i f orni a Departm ent of Justice R O B B O N T A A tt o r n ey G e n e r a l Transl ate W ebsi te | Traduci r Si tio W eb F r e q u e n t l y A s k e d Q u e s t i o n s Home / NAT ION AL OPIOIDS SETTLEMEN T S – INFORMAT ION FOR CALIFORN IA CITIES AN D COUN T IES / Fr equentl y Asked Questi ons Eligible citie s and countie s should have re ce ntly r e ce ive d a le tte r via US Mail about tw o national opioid se ttle m e nts (the Se ttle m e nts). This page provide s answ e rs to f r e que ntly ask e d que stions r e garding the Se ttle m e nts and the propose d C alif ornia State -Subdivision A gre e m e nts. T h e d e a d l i n e t o j o i n t h e se t w o Se t t l e m e n t s i s J a n u a r y 2, 2022. F A Qs (F r e q u e n t l y A sk e d Qu e st i o n s) a b o u t t h e N a t i o n a l Se t t l e m e n t s – I n f o r m a t i o n f o r Ca l i f o r n i a Ci t i e s a n d Co u n t i e s 1. W e re ce ive d a le tte r in the m ail about tw o opioid Se ttle m e nts. I s it re al? 2. H ow can m y city or county join the Se ttle m e nts? 3. I s the re a de adline f or joining the Se ttle m e nts? 4. H as the State joine d the Se ttle m e nts? 5. Doe s m y city or county ne e d to join both Se ttle m e nts? Search 4.5.c Packet Pg. 51 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 2/8 6. A re all C alif ornia citie s and countie s e ligible to re ce ive f unds f r om the Se ttle m e nts? 7. I f m y city or county joins, how m uch w ill it re ce ive ? 8. H ow w e re the above pe rce ntage s se t? 9. I f m y city or county joins, w ill it r e ce ive dire ct pay m e nt? 10. I f m y city doe s not e le ct dire ct pay m e nt, is it still obligate d to r e port on the use of those f unds? 11. I f m y city or county doe s not join, w hat happe ns to m y allocate d share ? 12. I f m y city or county re ce ive s dire ct pay m e nts f rom the Se ttle m e nts, is it r e quire d to spe nd the m onie s f or particular use s? 13. W hat about attorne y ’s f e e s f or citie s and countie s? 14. W hy ar e the Calif ornia State -Subdivision A gre e m e nts “propose d”? 15. W he re can I ge t m or e inf orm ation about the Se ttle m e nts? 1. W e r e c e i v e d a l e t t e r i n t h e m a i l a b o u t t w o o p i o i d Se t t l e m e n t s. I s i t r e a l ? The le tte r y ou re ce ive d re late s to tw o propose d Se ttle m e nts re solving claim s against the nation’s 3 large st opioid Distributor s (A m e risource Be rge n, C ardinal H e alth, and McKe sson) and m anuf acture r J ansse n Pharm ace uticals and its par e nt com pany J ohnson & J ohnson (toge the r, J &J ) f or the ir role s in the opioid e pide m ic. The le tte rs w e re m aile d in Se pte m be r 2021. Calif ornia and its citie s and countie s stand to re ce ive up to $2.2 billion f or substance use pre ve ntion, harm r e duction, tre atm e nt, and re cove ry . Pay m e nts w ould be m ade ove r the ne x t 18 y e ar s, starting in Spring 2022. The m ore citie s and countie s that join, the m ore the Distributors and J &J w ill pay Calif ornia and our participating citie s and countie s. 4.5.c Packet Pg. 52 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 3/8 2. H o w c a n m y c i t y o r c o u n t y j o i n t h e Se t t l e m e n t s? Citie s and countie s m ust rst re giste r w ith the notice adm inistrator at https://se ttle m e nt-re gistration.w e b.app/. Y ou m ust have y our city or county ’s unique 6-digit alphanum e ric re gistration code , w hich w as include d in the le tte r. I f y ou do not have y our unique re gistration code , ple ase e m ail us at OpioidSe ttle m e nt-LocalGove rnm e nt@doj.ca.gov. Citie s m ay also contact the Le ague of C alif ornia C itie s and countie s m ay contact the Calif ornia State A ssociation of C ountie s (CSA C) to obtain re gistration code s. R e g i st e r i n g w i t h t h e n o t i c e a d m i n i st r a t o r d o e s n o t o b l i g a t e y o u t o j o i n t h e Se t t l e m e n t s. R e giste ring w ill he lp e nsure y our city or county re ce ive s the f orm s that it w ill ne e d to join the Se ttle m e nts. Once y our city or county has re giste re d, y ou w ill re ce ive participation f orm s and othe r inf or m ation f r om the notice adm inistrator. I f y our city or county de cide s to join the Se ttle m e nts, it m ay subm it the participation f orm s e le ctr onically via DocuSign, once the DocuSign sy ste m is ope rational. Y our city or county m ay also e le ct to sign pape r copie s. By agre e ing to participate in the Se ttle m e nts, y our city or county is also agre e ing to the Propose d Calif ornia State -Subdivision A gre e m e nt f or the Se ttle m e nt(s) y our city or county joins. The Propose d C alif or nia State - Subdivision A gre e m e nts provide the f ram e w ork f or how f unds f r om the Se ttle m e nts m ay be distribute d, allocate d, and spe nt in Calif ornia. Participation in both Se ttle m e nts w ill re quire f our signature s total: 1. signature agre e ing to par ticipate in the Distributors Se ttle m e nt; 2. signature agre e ing to the Propose d Calif ornia State -Subdivision A gr e e m e nt – Distributor Se ttle m e nt; 4.5.c Packet Pg. 53 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 4/8 3. signature agre e ing to par ticipate in the J ansse n Se ttle m e nt; and 4. signature agre e ing to the Propose d Calif ornia State -Subdivision A gr e e m e nt – J ansse n Se ttle m e nt. 3. I s t h e r e a d e a d l i n e f o r j o i n i n g t h e Se t t l e m e n t s? Y e s. C itie s and countie s that w ish to be com e initially participating subdivisions m ust sign and subm it the participation f orm s and Propose d Calif ornia State -Subdivision A gre e m e nts by J a n u a r y 2, 2022. Citie s and countie s that anticipate joining but w ill not be able to subm it the re quire d f orm s by J anuary 2, 2022, should notif y the A G’s o ce by se nding an e m ail to OpioidSe ttle m e nt-LocalGove rnm e nt@doj.ca.gov as soon as possible . 4. H a s t h e St a t e j o i n e d t h e Se t t l e m e n t s? Y e s. C alif ornia A ttorne y Ge ne ral R ob Bonta, toge the r w ith the m ajority of state A ttorne y s Ge ne r al across the countr y , signe d on to the Se ttle m e nts in A ugust 2021. Those A Gs and law y e r s re pre se nting thousands of citie s and countie s in the national opioid litigation strongly e ncourage signing-on to the Se ttle m e nts. Citie s and countie s that join w ill he lp br ing m ore m one y to Calif ornia, w hich w ill he lp com m unitie s and f am ilie s w ith re source s f or substance use pre ve ntion, harm re duction, tre atm e nt, and re cove ry . 5. D o e s m y c i t y o r c o u n t y n e e d t o j o i n b o t h Se t t l e m e n t s? N o. A city or county m ay choose to join one or both of the Se ttle m e nts. A s note d above , the m ore citie s and countie s that join, the m ore the se ttling de f e ndants w ill pay C alif or nia and our participating citie s and countie s unde r the Se ttle m e nts. 4.5.c Packet Pg. 54 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 5/8 6. A r e a l l Ca l i f o r n i a c i t i e s a n d c o u n t i e s e l i g i b l e t o r e c e i v e f u n d s f r o m t h e Se t t l e m e n t s? Citie s and countie s w ith a population gre ate r than 10,000, base d on the U.S. Ce nsus Bure au’s population e stim ate s f or J uly 1, 2019 (re le ase d May 2020), are e ligible to re ce ive f unds. C e rtain litigating citie s and countie s w ith a population le ss than 10,000 are also e ligible to re ce ive f unds. 7. I f m y c i t y o r c o u n t y j o i n s, h o w m u c h w i l l i t r e c e i v e ? Calif ornia e x pe cts to re ce ive up to 9.92% of the national se ttle m e nt f unds. The am ount C alif or nia ultim ate ly re ce ive s w ill de pe nd on how m any state s and e ligible citie s and countie s join the Se ttle m e nts. The am ounts that Calif ornia m ay re ce ive w ill be divide d into thre e f unds: 1) State f und 15%; 2) CA Subdivision F und 15%; and 3) CA A bate m e nt A ccounts Fund 70%. Subdivisions that join can e x pe ct to re ce ive the ir abate m e nt pe r ce ntage share of the C A A bate m e nt A ccounts Fund as provide d in A ppe ndix 1 to the Propose d Calif ornia State -Subdivision A gre e m e nt. Calif ornia m ay re ce ive up to $1.8 billion f rom the Distributors Se ttle m e nt and $423 m illion f rom the J ansse n Se ttle m e nt. The Distributors w ill m ak e the ir pay m e nts ove r the course of 18 y e ars, w hile J ansse n w ill m ak e pay m e nts ove r the course of 9 y e ar s. 8. H o w w e r e t h e a b o v e p e r c e n t a g e s se t ? The allocation m ode l in A ppe ndix 1 that se ts f orth the distribution of f unds is base d on nationally available f e de ral data on opioid use disorde r, ove rdose de aths, and opioid shipm e nts into Calif ornia, and w as de ve lope d by law y e rs and e xpe rts in the national opioid litigation. 9. I f m y c i t y o r c o u n t y j o i n s, w i l l i t r e c e i v e d i r e c t p a y m e n t ? 4.5.c Packet Pg. 55 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 6/8 I f a c i t y j o i n s, a n d i t i s l o c a t e d i n a c o u n t y t h a t d e c i d e s t o p a r t i c i p a t e i n t h e Se t t l e m e n t , y o u r a l l o c a t e d a m o u n t w i l l b e p a i d t o t h e c o u n t y u n l e ss y o u c h o o se d i r e c t p a y m e n t . Y ou m ay nd y our city ’s abate m e nt pe rce ntage in A ppe ndix 1 to the Propose d C alif ornia State -Subdivision A gre e m e nts. Y ou m ay de cide to opt in or out of dire ct pay m e nt at any tim e , and m ay also choose to re ce ive only a portion of y our share dire ctly . I nstructions f or how to e le ct dire ct pay m e nt w ill be provide d at a late r date . I f a county joins, it w ill re ce ive dire ct pay m e nt if it joins the Se ttle m e nts, unle ss it choose s to dire ct f unds to anothe r e ligible city or county . 10. I f m y c i t y d o e s n o t e l e c t d i r e c t p a y m e n t , i s i t st i l l o b l i g a t e d t o r e p o r t o n t h e u se o f t h o se f u n d s? Se ction 5 of the Propose d C alif ornia State -Subdivision A gr e e m e nts lay s out ce rtain annual re porting re quire m e nts f or citie s and countie s that re ce ive dir e ct pay m e nt of f unds. The re are additional re porting re quire m e nts unde r the Distributor s and J ansse n Se ttle m e nt A gre e m e nts. I f y our city or county choose s not to re ce ive dire ct pay m e nt of f unds unde r the Se ttle m e nts, it w ill not be subje ct to those re porting re quir e m e nts. 11. I f m y c i t y o r c o u n t y d o e s n o t j o i n , w h a t h a p p e n s t o m y a l l o c a t e d sh a r e ? I f a city or county doe s not join, its shar e of the CA A bate m e nt A ccounts Fund w ill go to the State . H ow e ve r, since the se ttle m e nt am ount Calif ornia m ay r e ce ive is de pe nde nt upon participation by citie s and countie s, the total am ount that C alif ornia re ce ive s m ay be re duce d. 12. I f m y c i t y o r c o u n t y r e c e i v e s d i r e c t p a y m e n t s f r o m t h e Se t t l e m e n t s, i s i t r e q u i r e d t o sp e n d t h e m o n i e s f o r p a r t i c u l a r u se s? 4.5.c Packet Pg. 56 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 7/8 Y e s. The Se ttle m e nts re quire f unds to be use d prim ar ily f or opioid abate m e nt. Ple ase se e Se ction 4.B.ii of the Propose d C alif ornia State - Subdivision A gre e m e nts, Se ction V of and Ex hibit E to the Distributors Se ttle m e nt A gre e m e nt, and Se ction VI of and Exhibit E to the J ansse n Se ttle m e nt A gre e m e nt f or spe ci c lim itations on the use of Se ttle m e nt f unds. 13. W h a t a b o u t a t t o r n e y ’s f e e s f o r c i t i e s a n d c o u n t i e s? The Se ttle m e nts e stablish a $1.6 billion A ttorne y Fe e F und and $200 m illion Cost Fund f or attorne y s re pre se nting citie s and countie s that join the Se ttle m e nts. The Se ttle m e nts re quire outside attor ne y s w ho re cove r f rom those f unds to w aive e nf orce m e nt of the ir continge ncy f e e e ntitle m e nts as to all of the ir clie nts and notif y the ir clie nts accordingly . Subdivisions m ay also e nte r into back -stop agre e m e nts to pay the ir continge ncy -f e e attorne y s f rom any m onie s the y re ce ive f rom the CA Subdivision Fund, as provide d in Se ction 5 of the Propose d Calif ornia State -Subdivision A gre e m e nts and Ex hibit R , Se ction 1(R ) of the Distributor and J ansse n Se ttle m e nt A gre e m e nts. 14. W h y a r e t h e Ca l i f o r n i a St a t e -Su b d i v i si o n A g r e e m e n t s “p r o p o se d ”? Citie s and countie s w ill acce pt the Propose d Calif ornia State -Subdivision A gre e m e nts through the sign-on proce ss. Exhibit O to the Distributors and J ansse n Se ttle m e nt A gre e m e nts lay out ce rtain re quire m e nts that m ust be m e t be f ore state -subdivision agre e m e nts m ay be approve d. Once those thre sholds are m e t, the C alif ornia State -Subdivision A gre e m e nts w ill be com e nal. 15. W h e r e c a n I g e t m o r e i n f o r m a t i o n a b o u t t h e Se t t l e m e n t s? 4.5.c Packet Pg. 57 11/30/21, 10:06 PM Frequently Asked Questions | State of California - Department of Justice - Office of the Attorney General https://oag.ca.gov/opioids/faqs 8/8 Citie s and countie s that re taine d attor ne y s to le opioid litigation should consult the ir attorne y s. Citie s and countie s m ay also contact the A ttorne y Ge ne ral’s opioids te am via e m ail at OpioidSe ttle m e nt-LocalGove rnm e nt@doj.ca.gov. A dditional se ttle m e nt-re late d inf orm ation is available at https://nationalopioidse ttle m e nt.com /. C he ck back f or update s to this FA Q. D i sc l a i m e r : To the e x te nt any of the answ e rs in this F A Q are inconsiste nt w ith the Distributors A gre e m e nt, J ansse n A gre e m e nt, Calif ornia State -Subdivision A gre e m e nt – Distributors, or Calif ornia State -Subdivision A gre e m e nt – J ansse n, those agre e m e nts w ill gove rn ove r any inconsiste nt re sponse s in this F A Q. O ce o f t he At t o rn ey Gen eral Accessib ilit y P riv acy P o licy Co ndit ions o f Use Disclaim er © 2021 DOJ 4.5.c Packet Pg. 58 Agenda #: 4.6 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ARBOR DAY PROCLAMATION. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Adopt a Proclamation declaring December 21, 2021 as Arbor Day. BACKGROUND: The City of Diamond Bar is once again seeking re-certification as a Tree City USA. The Tree City USA award is given to those cities that depict an honest and active program to promote the protection of our natural habitat and trees. Since the year 2001, the City has annually received this distinction. As part of our participation in the Tree City USA program, the City must meet standards set by the National Arbor Day Foundation. Once of those standards includes the observance of Arbor Day. Attached is a proclamation naming December 21, 2021 as “Arbor Day”. PREPARED BY: 4.6 Packet Pg. 59 REVIEWED BY: Attachments: 1. 4.6.a Arbor Day Proclamation 4.6 Packet Pg. 60 PP RR OO CC LL AA MM AA TT II OO NN ““AA RR BB OO RR DD AA YY ”” WWHHEERREEAASS,, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WWHHEERREEAASS,, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WWHHEERREEAASS,, Arbor Day is now observed throughout the nation and the world; and WWHHEERREEAASS,, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WWHHEERREEAASS,, trees are a renewable resource, giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WWHHEERREEAASS,, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WWHHEERREEAASS,, since the year 2001, the City of Diamond Bar has annually received the distinction of being named as a Tree City USA; and NNOOWW,, TTHHEERREEFFOORREE,, BBEE IITT RREESSOOLLVVEEDD,, that the City Council of the City of Diamond Bar does hereby proclaim DDeecceemmbbeerr 2211,, 22002211 as ““AARRBBOORR DDAAYY”” in the City of Diamond Bar and urges all residents to plant trees to promote the well-being of this and future generations. December 21, 2021 Ruth M. Low Mayor Andrew Chou Stan Liu Mayor Pro Tem Council Member Nancy A. Lyons Steve Tye Council Member Council Member 4.6.a Packet Pg. 61 Agenda #: 4.7 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON LOCAL AND REGIONAL BOARDS, COMMISSIONS AND COMMITTEES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Ratify the Mayor's appointments, and adopt Resolution No. 2021-58 confirming appointments to the San Gabriel Valley Council of Governments. FINANCIAL IMPACT: No financial impact. BACKGROUND: Following the annual reorganization of the City Council, it is customary for the newly selected Mayor to appoint Council Members to serve on various local and regional organizations of which the City is a member. In addition, the Mayor also makes appointments to the various standing committees and ad-hoc committees created by the City Council. The Mayor’s appointments are included in Attachment 1. Pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a resolution must be adopted to formalize the Mayor’s new appointments to the SGVCOG. The proposed Resolution (Attachment 2) confirming the appointments will be sent to the SGVCOG upon adoption. PREPARED BY: 4.7 Packet Pg. 62 REVIEWED BY: Attachments: 1. 4.7.a City Council Appointment List - Revised 12-21-21 2. 4.7.b Resolution No. 2021-58 4.7 Packet Pg. 63 1 2022 CITY COUNCIL APPOINTMENTS Effective 12/21/2021 INTERGOVERNMENTAL AGENCIES AND ORGANIZATIONS AGENCY/ORGANIZATION DELEGATE/ALTERNATE California Contract Cities Association (Board of Directors membership – CCCA bylaws specify that voting delegate and alternate needs to be any City elected official) 17315 Studebaker Road, Suite 210, Cerritos, CA 90701 Executive Director Marcel Rodarte 562-622-5533 FAX 562- 222-8183 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various locations. Reservations required. Andrew Chou/Delegate Steve Tye/Alternate Foothill Transit Board (Foothill Transit is governed by a Joint Powers Authority of 22 member cities and the County of Los Angeles. The larger Governing Board is divided into five regional clusters that elect representatives one a year at the agency’s annual meeting to serve on a five-member Executive Board – City of Diamond Bar –Cluster 4) Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West Covina, CA 91790, 626-931-7300, FAX 626-915-1143 Meets last Friday of each month at 8:00 a.m. at above address. Steve Tye/Delegate Nancy Lyons/Alternate Greater Los Angeles County Vector Control District (Appointment of Trustee – does not have to be an elected official. Appointment is for 2-year term) 12545 Florence Ave., Santa Fe Springs, CA 90670, 562-944- 9656, FAX 562-944-7976 Meets 2nd Thursday at address above at 7:00 p.m. Ruth Low/Trustee 4.7.a Packet Pg. 64 2 Joint Powers Insurance Authority (Board of Directors membership – Delegate must be any elected official appointed by the Mayor. Alternate may be elected official or staff member) Jon Shull, Executive Director, 8081 Moody St., La Palma, CA 90623, 800-229-2343, FAX 562-860-4992 General Board Committee meets annually each July - location to be announced. Steve Tye/Delegate Stan Liu/Alternate L.A. County Sanitation District No. 21 (Board of Directors Membership – Mayor is automatically delegate per Health & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) Grace Hyde, Chief Engineer & General Manager, 1955 Workman Mill Rd., Whittier CA 90607-4998 Mailing: P.O. Box 4998, Whittier CA 90607-4998, 562-699-7411 x1500, FAX 562- 695-8660 Meets 4th Wednesday of each month at 1:30 p.m. at District Office. Ruth Low/Delegate Andrew Chou/Alternate L.A. County City Selection Committee (Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate and Alternate, respectively) Patrick Ogawa, Acting Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration, 500 W. Temple St., Room 383, Los Angeles, CA 90012, 213-974-1401, FAX 213-620- 0636 Meets: After the League of California Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) Ruth Low/Delegate Andrew Chou/Alternate League of California Cities - L.A. County Division (Board of Directors membership – Delegate and alternate must be elected officials. Mayor does not have to be appointed) Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626-786- 5142, FAX 626-460-8034 Meets 1st Thursday each month at 6:30 p.m. at various locations. Ruth Low/Delegate Nancy Lyons/Alternate 4.7.a Packet Pg. 65 3 San Gabriel Valley Council of Governments (Board of Directors membership – Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is required. Marisa Creter, Executive Director, 1000 S. Fremont Ave., Unit 42, Building A-10N, Suite 10-210, Alhambra, CA 91803, 626- 457-1800, FAX 626-457-1285 sgv@sgvcog.org. Meets 3rd Thursday of each month at 6:00 p.m. at Upper San Gabriel Valley Municipal Water District Offices, 602 E. Huntington Dr., Suite B, Monrovia, CA 91016. Executive Session 5:00 p.m. Nancy Lyons/Delegate Ruth Low/Alternate Southern California Association of Governments (SCAG) (Board of Directors membership – Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on appointment as delegate or alternate by the City) 900 Wilshire Boulevard, Suite 1700, Los Angeles, CA 90017, 213-236-1800, FAX 213-236-1816 General Assembly meets annually each March - location to be announced. Stan Liu/Delegate Ruth Low/Alternate Tres Hermanos Conservation Authority (2 Board of Directors Memberships – Council may appoint anyone) c/o City of Diamond Bar, Daniel Fox, Executive Director Meets 3rd Wednesday of each month at 6pm at City of Diamond Bar, 21819 Copley Dr., Diamond Bar, CA 91765 Nancy Lyons/Delegate Steve Tye/Delegate Stan Liu/Alternate Wildlife Corridor Conservation Authority (WCCA) (Board of Directors Membership – Council may appoint anyone) Joseph Edmiston, Executive Director, Contact Judi Tamasi 5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230 x121, FAX 310-589-3237 Andrew Chou/Delegate Stan Liu/Alternate 4.7.a Packet Pg. 66 4 CITY COUNCIL STANDING COMMITTEES COMMITTEE MEMBERS City Audit Committee Ruth Low Andrew Chou City Council Goals/City Manager Evaluation Ruth Low Andrew Chou Economic Development (Meets quarterly) Stan Liu Nancy Lyons Fee Study Sub-Committee Andrew Chou Stan Liu LLAD Council Sub-Committee Nancy Lyons Steve Tye Legislative Ruth Low Nancy Lyons Neighborhood Improvement (Meets quarterly) Nancy Lyons Ruth Low Public Safety Committee (Mayor and Mayor Pro Tem meets quarterly) Ruth Low Andrew Chou Council Handbook Review Subcommittee Stan Liu Steve Tye 4.7.a Packet Pg. 67 5 CITY COUNCIL LIAISON COMMITTEE DELEGATE/ALTERNATE Chamber of Commerce Nancy Lyons/Delegate Andrew Chou/Alternate D.B. Community Foundation Steve Tye/Delegate Ruth Low/Alternate Library Nancy Lyons/Delegate Stan Liu/Alternate PUSD/City Stan Liu/Delegate Ruth Low/Alternate Senior Citizen Ruth Low/Delegate Steve Tye/Alternate WVUSD/City Andrew Chou/Delegate Stan Liu/Alternate 4.7.a Packet Pg. 68 RESOLUTION NO. 2021-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires each member city to appoint a Delegate Government Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Nancy Lyons has been designated to serve as the City of Diamond Bar Delegate to the Governing Board of the San Gabriel Valley Council of Governments. Section 2. Ruth Low has been designated to serve as the City of Diamond Bar Alternate Delegate to the Governing Board of the San Gabriel Valley Council of Governments. Section 3. That the individuals designated in this Resolution serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel Valley Council of Governments. Section 4. That the City Clerk shall certify the adoption of this resolution. Section 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of Governments. PASSED, APPROVED AND ADOPTED this 21st day of December, 2021. __________________________ Ruth M. Low, Mayor 4.7.b Packet Pg. 69 Resolution No. 2021-58 2 ATTEST: 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 regular meeting held on the 21st day of December, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 4.7.b Packet Pg. 70 Agenda #: 6.1 Meeting Date: December 21, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING DEFINITIONS, OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, AND PROCESSES FOR TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO CALIFORNIA SENATE BILL 9 (SB 9). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Urgency Ordinance No. (05) 2021, to be effective January 1, 2022. FINANCIAL IMPACT: None. BACKGROUND: SB 9, signed into law on September 16, 2021, is one of the most significant and controversial pieces of legislation enacted in California in recent years. Beginning January 1, 2022, SB 9 will require ministerial “by-right” approval of certain “two-unit housing developments” and “urban lot splits” in single-family zones. This legislation allows owners of lots in single-family zones to construct up to four (4) residential housing units on their existing lots by right, all with few, if any, off-street parking spaces, and without any environmental review, public hearings, or discretionary review by the City’s staff, Planning Commission, or City Council. For projects that qualify under SB 9’s criteria for two-unit housing developments and/or urban lot splits, the City’s review is limited to local objective design and development standards, but in no case can these local standards preclude the construction of two units on each lot or preclude either of the new units from being at least 800 square feet in size. 6.1 Packet Pg. 71 Additionally, the Subdivision Code (Title 21 of the DBMC) regulates the design and improvement of parcel maps in the City. Currently, the subdivision process is a discretionary action requiring City Council approval. However, SB 9 carves out an exception for urban lot splits, and will require the City to ministerially approve a parcel map for an urban lot split that meets objective subdivision standards, and the City may not require right-of-way dedications or construction of offsite improvements. Diamond Bar is among several cities throughout the state that never anticipated the advent of two-unit residential developments or urban lot splits as contemplated by SB 9, nor did the City foresee the elimination of local discretionary authority to the extent prescribed through such legislation. If the City does not immediately adopt appropriate objective standards for two-unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City’s review of such projects would be limited to application of the few objective standards that currently exist in the DBMC. Because SB 9 poses a current and immediate threat to the public health, safety and welfare, it is therefore recommended that the City Council adopt an Urgency Ordinance (Attachment A) so that rigorous, prescriptive standards to regulate two-unit developments and urban lot splits are in place on January 1, 2022. An urgency ordinance requires at least four affirmative votes to pass. The City will then prepare a superseding ordinance in a codifiable format that it can be incorporated into the DBMC. DISCUSSION: As stated, SB 9 provides for two new types of ministerial entitlements in the City’s single-family residential zoning districts: two-unit residential developments and urban lot splits. The City’s single-family zoning districts are RR, RL and RLM, shown in grey- green, amber and yellow, respectively, on the attached Official Zoning Map (Attachment 2). • An SB 9 two-unit residential development (“SB 9 development) consists of two primary residences (“SB 9 units”) and up to two accessory dwelling units (ADUs) on an existing lot. • An urban lot split is the subdivision of an existing single-family lot that would enable the new parcels to be separately conveyed by sale or other form of property transfer. Under an urban lot split, a maximum of two dwelling units of any type may be developed on each lot, inclusive of ADUs. Applications to construct one single-family residence on a lot will still be subject to the City’s discretionary Development Review process, and will continue to require public hearings and Planning Commission approval. One-unit developments, however, will not be subject to the square footage and architectural restrictions imposed upon SB 9 developments. A lot is not eligible for an SB 9 development or urban lot split if it would require the demolition or alteration of any housing that has been occupied by a tenant at any time 6.1 Packet Pg. 72 within the previous three years. Homeowners associations are not subject to SB 9, so properties that otherwise qualify for an SB 9 development or urban lot split could still be subject to privately-enforced CC&Rs. The following discussion addresses many of the key provisions of the Urgency Ordinance, including those that staff drafted to minimize potential neighborhood impacts. The proposed ordinance does not extend any land use rights beyond the minimum requirements mandated by SB 9. Objective Development Standards and Design Criteria An SB 9 development may consist of a second primary dwelling unit built on the same lot where an existing primary dwelling exists, or it may be entirely comprised of new construction. The proposed Ordinance limits the living area of new SB 9 units to 800 square feet, which is less than the maximum size allowed for an ADU (1,000 square feet), but is consistent with SB 9’s intent to increase California’s inventory of affordable housing. The table below summarizes the recommended basic development standards for new SB 9 dwelling units. SB 9 TWO-UNIT RESIDENTIAL DEVELOPMENT STANDARDS Minimum size (livable area) • Studio or 1 bedroom unit • Unit with more than 1 bedroom 500 sq ft 700 sq ft Maximum size (livable area) 800 sq ft Max height; stories 17 ft/one-story Front setback • RR zone • RL & RLM zone 30 ft 20 ft Side setbacks 5 ft Rear setback 15 ft Lot coverage • RR zone • RL & RLM zone 30% 40% Exceptions to Development Standards SB 9 requires the City to modify or waive the above development standards if they “would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.” Therefore, Section 11.V of the proposed Urgency Ordinance provides a prioritized list of development standards that may be relaxed until SB 9’s mandate can 6.1 Packet Pg. 73 be met. The list, in the recommended order of increasing priority, is as follows: 1. Lot coverage 2. Side or rear setback (a minimum of 4 feet must be maintained). 3. Maximum front setback hardscape coverage (50% including driveway). 4. Front setback. 5. Height/stories. Parking In accordance with the limitations imposed by SB 9, the proposed Urgency Ordinance requires one off-street parking space per new SB 9 unit, unless one of the one of the following scenarios applies, in which case no new parking spaces may be required: • The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code.1 • The lot is located within one block of a car-share vehicle location. To preserve the availability of on-street parking to the greatest extent possible, the proposed Urgency Ordinance includes the following limits on the creation of curb cuts: • Where the street frontage of a lot (or the combined single street frontage of the two lots created through an urban lot split) is less than 81 feet, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway. • No more than two drive approaches shall serve an SB 9 two-unit development, urban lot split, or any combination thereof. Architectural Standards Planning staff and the Planning Commission must exercise professional judgment in determining whether or a project conforms to the Design Guidelines Diamond Bar’s Citywide Design Guidelines. As such, the Design Guidelines are not “objective standards” pursuant to SB 9, and thus may not be used to evaluate SB 9 developments. To comply with SB 9, Section 11 of the proposed Urgency Ordinance includes an extensive list of prescriptive architectural standards that dictate how nearly every exterior feature of an SB 9 unit shall be designed. Examples of these standards are listed below: 1 A “high-quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. “Major transit stops” include, among other things, rail stations, and the “intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” 6.1 Packet Pg. 74 • Stucco texture • Surface area requirements for other siding materials in combination with stucco • Minimum roof pitch of 3:12 • Minimum eave overhangs of 12 inches • Articulation of wall planes • Architectural treatment of entries • Architectural treatment of window and garage door surrounds • Rain gutter and downspout colors and finishes Urban Lot Splits SB 9 also amends the Subdivision Map Act to add new Government Code section 66411.7, which will require the City to approve a parcel map for an “urban lot split” ministerially without discretionary review if specified requirements are met. The proposed Urgency Ordinance incorporates the minimum requirements established under SB 9. Qualifying Criteria for Urban Lot Splits Lots must meet several criteria in order to be eligible for subdivision through an SB 9 urban lot split. The most notable requirements are listed below. • Two Lot Limit. The proposed subdivision map shall not subdivide an existing lot into more than two (2) new lots. • Maximum 60/40 Split. One of the new lots cannot be smaller than 40% of the original lot area. So, for example, if an existing 10,000 square foot lot is subdivided through an urban lot split, the smaller of the two new lots created would have to be at least 4,000 square feet in area. • No Previous Urban Lot Split. A property owner cannot to split a lot that was previously created through an SB 9 urban lot split. • No Urban Lot Splits on Adjacent Lots by Same Owner/Developer. A lot is not eligible for an urban lot split if either the owner of the lot or “any person acting in concert with the owner” has previously subdivided an adjacent lot using an SB 9 urban lot split. • Four Total Dwelling Units. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. The two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. • Required Affidavit. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the lot is subdivided. If the owner of the subject lot also owns or previously owned other property elsewhere in the State of California that has also been subject to an application for an urban lot split within the three years preceding the application, 6.1 Packet Pg. 75 such information may serve as evidence that the owner does not intend to occupy one of the dwelling units on the property as the owner’s principal residence and result in rejection of the application. Affordability Although explicitly stated in the intent of the SB 9 legislation, SB 9 does not mandate that the rents of SB 9 units be restricted to “affordable” rates for lower-income households. The laws governing rent restrictions are complex, and there is not sufficient time to identify, adequately research, and address all of the potential legal issues that may arise if affordability requirements were mandated at this time. As stated, staff will soon prepare a superseding ordinance in a codifiable format that can be incorporated into the DBMC. In the meantime, the City Attorney and staff will research the applicable laws, and if it is determined to be feasible and prudent, the City Council could consider and potentially include an affordability requirement in a subsequently-adopted ordinance. Potential Development Scenarios under SB 9 As discussed above, ADUs and JADUs may be constructed on the same lot as an SB 9 two-unit housing development. However, the City may choose to prohibit ADUs and/or JADUs when a developer seeks to take advantage of both the SB 9 two-unit housing development and urban lot split provisions of SB 9, and the proposed Urgency Ordinance does prohibit such a scenario. Currently (i.e., prior to SB 9), a property owner can develop both one ADU and one JADU on their single-family lot, in addition to the existing single-family dwelling (for a total of 3 dwelling units). Under SB 9, a property owner may be able to develop up to four total dwelling units on their single-family lot under several different construction scenarios. The discussion below identifies various potential scenarios for combining SB 9 two-unit housing developments and/or urban lot splits, ADUs, and JADUs, when applying the regulations contained in the proposed Urgency Ordinance together with the Development Code’s ADU regulations. • 2 Detached Houses and 1 ADU on a Single Lot (3 Total Dwelling Units) A property owner could choose to have two detached single-family dwellings developed under SB 9 on a lot, along with one ADU. The ADU could either be detached from both of the two houses, attached to one of the two houses, or built within the existing footprint of an attached or detached garage or other accessory structure. • 2 Detached Houses, 1 ADU, and 1 JADU on a Single Lot (4 Total Dwelling Units) A property owner could choose to have two detached single-family dwellings developed under SB 9 on a lot, along with both one separate ADU and one JADU located within the walls of one of the two single-family dwellings. Under this scenario, the maximum size of the ADU would generally be limited to 800 square 6.1 Packet Pg. 76 feet, unless it was created within the existing walls of one of the single-family dwelling units or an existing accessory structure. The size of the JADU could be no more than 500 square feet. Due to the JADU, the property owner would be required to reside on the lot. • An SB 9 Duplex and 2 Detached ADUs on a Single Lot (4 Total Dwelling Units) A property owner could choose to have a duplex developed under SB 9 and either one or two detached ADUs on a single lot. The ADUs could not be attached to the duplex structure, and no JADUs would be allowed. • Urban Lot Split with 2 SB 9 Units on Each Lot (4 Total Dwelling Units) A property owner could choose to split an existing lot through SB 9’s urban lot split provisions and then construct a two-unit housing development on each lot. No ADUs or JADUs could be constructed on either lot under this scenario. • Urban Lot Split with 2 Housing Units of Any Kind on Each Lot (4 Total Dwelling Units) SB 9 allows the City to preclude a lot created through an urban lot split from having more than two “units” of any kind. But the statute does not preclude a property owner from choosing to develop or maintain one non-SB 9 primary unit and one ADU or JADU on a lot created through an urban lot split. Therefore, if the lot is large enough, a property owner could conceivably choose to split an existing lot through SB 9’s urban lot split provisions, build one (or keep the existing) single-family house on each lot under the City’s standard single family residential development standards, and build (or keep an existing) ADU or JADU on each lot. ENVIRONMENTAL REVIEW: SB 9 expressly authorizes local agencies to adopt ordinances to implement its provisions and exempts such ordinances from CEQA. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: 6.1 Packet Pg. 77 REVIEWED BY: Attachments: 1. 6.1.a Ordinance No. 05 (2021) SB 9 Urgency Ordinance 2. 6.1.b Diamond Bar Zoning Map 6.1 Packet Pg. 78 ORDINANCE NO. 05 (2021) AN URGENCY ORDI N ANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RELATING TO TWO -UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS PURSUANT TO SENATE BILL 9 WHEREAS, California Government Code section 36937(b) authorizes the City Council to adopt, as an urgency measure, an interim ordinance for the immediate preservation of the public peace, health or safety; and WHEREAS, in 2021, the California Legislature approved and the Governor signed into law Senate Bill 9 (“SB 9”) which, among other things, adds Section 65852.21 and 66411.7 to the Government Code enacting new limits on local authority to regulate urban lot splits and two-unit projects on land otherwise zoned for single-family development; and WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for two-unit residential developments and urban lot splits; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code sections 66411.7 and 65852.21 and to appropriately regulate projects governed by SB-9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 9 because the City currently lacks adequate local objective standards to regulate projects governed by SB 9, meaning that if the City does not immediately adopt appropriate objective standards for two-unit residential developments and urban lot splits that are consistent with SB 9, then as of January 1, 2022, the City’s review of such projects would be limited to application of the few objective standards that current exist in the Diamond Bar Municipal Code (including Title 21, Subdivisions, and Title 22, Zoning) and which did not anticipate two-unit residential developments and urban lot splits as contemplated by SB 9, and thus the Code lacks the objective standards necessary to protect and preserve the local community; and WHEREAS, the approval of urban lot splits and two-unit projects based solely on the default standards currently in the City’s Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective as of January 1, 2022; and 6.1.a Packet Pg. 79 Ordinance No. 05 (2021) 2 WHEREAS, the City Council finds and declares that this ordinance is necessary and appropriate to protect the health, safety, and general welfare of the community, and all legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The facts set forth above are true and correct, and incorporated into this Ordinance as substantive findings. Section 2. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit projects and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. The ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multifamily residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. The ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project. Section 3. This Ordinance (Exhibit A) shall govern the two-unit residential development and urban lot split and two-unit process pursuant to the provisions of SB 9 until such time that the Diamond Bar Municipal Code is amended to incorporate the standards contained herein or such other or different standards as may be enacted by subsequent ordinance of the City Council. Section 4. This ordinance shall take effect on January 1, 2022, and concurrently with the effective date of SB 9. 6.1.a Packet Pg. 80 Ordinance No. 05 (2021) 3 Section 5. The City Council hereby declares, on the basis of the findings set forth above, that urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare. Section 6. 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 7. 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 immediately upon adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this 21st day of December, 2021. CITY OF DIAMOND BAR: __________________________ Ruth M. Low, Mayor 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 21st day of December, 2021, and was duly passed and adopted the same day, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 81 1 ORDINANCE NO. 05 (2021) EXHIBIT “A” SB 9 TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS 1. Purpose, Applicability, Definitions, Interpretation. A. Purpose. The purpose of this Urgency Ordinance is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single- family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7 (SB 9) B. Applicability. The standards and limitations set forth in this Urgency Ordinance shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Diamond Bar Municipal Code (“DBMC”). In the event of a conflict between the provisions of this Urgency Ordinance and any provision of the DBMC code, the provisions of this Urgency Ordinance shall prevail. C. Definitions. As used in this Urgency Ordinance, the following terms shall have the following meanings: 1. The terms “ADU” and “JADU” shall have the meanings ascribed to these terms in DBMC Section 22.42.120. 2. The term “bungalow court” means a site plan configuration in which dwelling units are arranged around a central, landscaped pedestrian courtyard. The entrances to dwelling units comprising a bungalow court face the courtyard, although the units closest to the street may have entrances that face the street. All dwelling units comprising a bungalow court utilize the same architectural style and color/material palette, although each dwelling unit may have entry design elements that distinguish it from the other dwelling unit entrances. 3. The term “City Engineer” means the City of Diamond Bar Public Works Director/City Engineer, or his or her designee. 4. The term “Director” means the City of Diamond Bar Community Development Director, or his or her designee. 5. The term “guest house” shall have the meaning ascribed to this term in DBMC Section 22.80.020(g). 6. The term “primary dwelling unit” means a dwelling unit as defined in DBMC Section 22.80.020, but does not include an ADU, a JADU or a guest house. 7. The term “individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) 6.1.a Packet Pg. 82 Exhibit A - Ordinance No. 05 (2021) 2 except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). 8. The term “single-family residential zone” shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the RR, RL and RLM zoning district and any property within a planned development district or a specific plan area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple- family dwelling is not a permitted or conditionally permitted use. 9. The term “SB 9 two-unit residential development” shall mean a housing development containing two primary residential units on a lot within a single- family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this chapter. An SB 9 two-unit residential development consists of either two new primary dwelling units, or an existing primary dwelling unit and a new primary dwelling unit. 10. The term “SB 9 unit” shall have the same meaning as a primary dwelling unit. 11. The term “urban lot split” shall have the same meaning as stated in California Government Code Section 66411.7. D. Interpretation. The provisions of this Urgency Ordinance shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this urgency ordinance to the extent prohibited by any provision of state law. 2. Permit Application and Review Procedures. A. Application. An applicant for an SB 9 two-unit development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. B. Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit development or an urban lot split ministerially, without discretionary review or public hearing. C. Nonconforming Conditions. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split. D. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the City has confirmed that all required documents have been recorded. E. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees, and/or 6.1.a Packet Pg. 83 Exhibit A - Ordinance No. 05 (2021) 3 consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter. F. Specific, Adverse Impacts. Notwithstanding anything else in this section, the Director may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 3. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Urgency Ordinance. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquires and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in his or her reasonable discretion. A. The subject property shall be located within a single-family residential zone. B. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4. C. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance. D. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. 6.1.a Packet Pg. 84 Exhibit A - Ordinance No. 05 (2021) 4 E. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control. F. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years. G. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot. H. The subject property shall be owned solely by one or more individual property owners. I. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split. J. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot. K. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the lot. 4. Permitted Locations. A lot on which an urban lot split or SB 9 two-unit residential development is proposed must be located within a single-family residential zone. A lot located within a multiple- family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this chapter. 5. Number of Dwelling Units Permitted on a Lot. A. Notwithstanding any other provisions of the DBMC, state law requires the City to permit a lot located within a single-family residential zone to contain two SB 9 units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Urgency Ordinance. B. Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this Urgency Ordinance does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by DBMC Section 22.42.120 and state law. 6.1.a Packet Pg. 85 Exhibit A - Ordinance No. 05 (2021) 5 C. No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. 6. Separate Conveyance. A. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot. B. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Urgency Ordinance and the DBMC. C. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development. 7. Residential Use Only. No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development. 8. No Short-Term Rentals Permitted. No dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development may be rented for a period of less than 30 days. 9. Housing Crisis Act Replacement Housing Obligations. 6.1.a Packet Pg. 86 Exhibit A - Ordinance No. 05 (2021) 6 If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300. 10. Property Maintenance Standards. SB-9 two-unit residential developments and urban lot splits shall be subject to the property maintenance standards of DBMC Section 22.34.030. 11. Development Standards and Design Criteria. A. Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this Urgency Ordinance. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this title and/or in an applicable specific plan or planned development ordinance or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by the City, the Los Angeles County Sanitation District, and the Los Angeles County Fire Department. B. Unit Size. 1. Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided: a. Studio or one bedroom: 500 square feet. b. More than one bedroom: 700 square feet. 2. Maximum Size. a. The total floor area of each new primary dwelling unit developed as part of an SB 9 two-unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet. b. A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two-unit development or an urban lot split and has a total floor area of 800 square feet or more shall be limited to its current lawful floor area and may not be expanded. 6.1.a Packet Pg. 87 Exhibit A - Ordinance No. 05 (2021) 7 c. A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet. C. Unit Height; Stories. Each new primary dwelling unit shall be one story, constructed at ground level, and shall not be more than 17 feet in height measured from ground level to the highest point on the roof. D. Setbacks. 1. New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Setbacks for detached garages and accessory structures shall comply with DBMC Section 22.42.110, Table 3-15. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions. a. Front Setback: i. RR zone: 30 feet ii. RL/RLM zone: 20 feet b. Interior Side Setback: 5 feet c. Street Side Setback: 10 feet d. Rear Setback: 15 feet from the property line or buildable pad on a descending slope whichever is applicable 3. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street. 4. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances: a. No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet. 6.1.a Packet Pg. 88 Exhibit A - Ordinance No. 05 (2021) 8 b. A required minimum setback may be reduced pursuant to subsection V of this section to the degree it would (i) physically preclude the development or maintenance of two dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. c. Permitted Intrusions. The following permitted intrusion may project into any required setback a maximum of two feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and architectural projections with no floor area, including, but not limited to, windows and pilasters. E. Building Separation. Building and structure separations shall be subject to the minimum requirements set forth by the Title 15 of the DBMC. F. Lot Coverage. The maximum lot coverage shall not exceed 30% in the RR zone, and 40% in the RL and RLM zones. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas. G. Maximum Front Setback Coverage. No more than 50% of the front setback area may contain hardscape, including the allowed standard driveway in the front yard. H. Landscaping. 1. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with the landscaping and irrigation requirements contained in DBMC Chapters 8.14, 22.24 and 22.26. 2. At least two (2) branched trees, sized at 24-inch box or larger at the time of installation, or with a minimum DBH of six (6) inches if existing, shall be provided in the front yard or street-facing side yard of an SB 9 two-unit residential development, and maintained in perpetuity. I. Fences, Hedges and Walls. Fences, hedges and walls for privacy, property delineation, landscaping, retaining and similar purposes shall comply with DBMC Chapter 22.20. J. Off-Street Parking. 1. Required Parking. One off-street parking space shall be provided for each new primary dwelling unit unless one of the following applies: 6.1.a Packet Pg. 89 Exhibit A - Ordinance No. 05 (2021) 9 a. The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code. b. The lot is located within one block of a car-share vehicle location. 2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone. 3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open spaces on the lot, but not as tandem parking. Open spaces may be located within the side or rear setbacks, and in the front setback driveways, provided that such spaces to not block access to or from required parking for other SB 9 units. 4. All required parking spaces shall comply with the size requirements for residential uses set forth in DBMC Section 22.30.070, Table 3-11. 5. Any proposed enclosed garage shall meet the following standards: a. No storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area. b. The garage shall be equipped with an automatic roll-up garage door opener. c. Each garage shall maintain the ability to park the required number of vehicles at all times. K. Unit Design Standards. 1. Siding Material. a. Siding material shall consist of stucco, wood, brick or stone. Synthetic materials of similar appearance and equivalent durability shall be permitted. b. Stucco shall have a light sand, medium sand, or smooth troweled texture. c. Non-stucco siding material in combination with stucco on the same wall plane shall extend vertically downward at least to the weep screed, and vertically upward to a minimum height of 36 inches 6.1.a Packet Pg. 90 Exhibit A - Ordinance No. 05 (2021) 10 above finished grade, and shall be terminated by a decorative cap treatment. d. Siding materials shall extend continuously in horizontal directions, and may only terminate at inside corners of vertical plane breaks or below the top of an intersecting fence. 2. Roofs. a. All roof forms shall have a minimum pitch of 3:12. b. All roof overhangs shall extend at least twelve (12) inches from the abutting wall plane. c. Roof forms shall be articulated to match the vertical articulation of the wall planes directly below. d. Roof plans shall not incorporate crickets. 3. No exterior wall may extend horizontally more than 24 feet without an offset of the entire wall plane of at least two (2) feet for not less than eight (8) feet in horizontal distance. 4. Each building containing one or more SB 9 units, whether comprising an SB 9 two-unit residential development or developed on parcels created through an urban lot split, shall maintain an individual color scheme that is not repeated among the primary dwelling buildings, unless such development is designed as a bungalow court. 5. All exterior lighting, except lighting used to illuminate SB 9 unit entrances, shall be limited to down-lights. The top of an SB 9 unit entrance light housing shall not be higher than 90 inches above the base of the entrance door threshold and shall not exceed 185 lumens. 6. Each new primary dwelling unit shall have a main entry that is covered with a minimum depth of three feet. a. For a recessed entry, the minimum depth shall be measured as the distance between the exterior surface of the door jamb and the exterior surface of the surrounding parallel wall plane. The outer frame of the entry shall have a decorative surround, consisting of minimum eight-inch (8”) wide vertical members and a minimum twelve-inch (12”) tall pediment or crosshead. b. For a projecting entry, the minimum depth shall be measured as the distance between the exterior surface of the door jamb and the vertical axis (midpoint) of the outermost supporting posts or columns. The entry shall have a solid roof that matches the slope of the dominant roof pitch. 7. Each window on each elevation shall have a decorative surround or casing. a. A protruding casing or surround shall be at least three inches wide and project by at least two inches from the adjacent exterior wall. The flange of a vinyl window casing shall not count toward the width 6.1.a Packet Pg. 91 Exhibit A - Ordinance No. 05 (2021) 11 or depth of the surround. The surround shall have a contrasting color from the adjacent exterior wall by at least two shades on a standard color chip. Architectural foam trim shall have a smooth or woodgrain embossed texture. b. An inset casing or surround shall be recessed from the adjacent exterior wall by a depth of at least six inches between the exterior surface of the exterior wall and the exterior surface of the glazing. 8. Garage Doors. a. Each garage door shall either be paintable and painted to match the trim color of the garage exterior, or have a factory finish that either matches the trim color of the garage exterior or has the appearance of dark stained wood. b. Each garage door opening shall be framed with a decorative surround, consisting of minimum eight-inch (8”) wide vertical members and a minimum twelve-inch (12”) tall pediment or crosshead. 9. Rain gutters and downspouts shall either be painted to match the trim color of the building on which they are mounted, or have a factory finish specified by the manufacturer to mimic bronze, copper, bronze patina or copper patina. L. Storage Facilities. Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement. M. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area. N. Water Heaters. Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with. O. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from neighboring properties and public rights of way. All ground mounted equipment and above-ground utility meters, including, but not limited to, heating, 6.1.a Packet Pg. 92 Exhibit A - Ordinance No. 05 (2021) 12 cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and an interior property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line. P. Access and Circulation. 1. Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with all the applicable City standards. 2. Where the street frontage of a lot (or the combined single street frontage of the two lots created through an urban lot split) is less than 81 feet, all units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway. No more than two drive approaches shall serve an SB 9 two-unit development, urban lot split, or any combination thereof. 3. The minimum distance of a driveway to the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street, shall be subject to adopted Public Works standards. 4. Driveways shall maintain a minimum width of 20 feet, unless a wider width is required for emergency access. 5. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County Fire Department must confirm that all applicable fire and emergency access requirements are met before the City will approve an application. Q. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organic and green waste, and non-recyclable solid waste (“trash containers”) as required by the City’s franchise waste hauler, and shall comply with the following: 1. Trash containers shall be stored within designated storage areas only and not within the required garage parking area. Trash container areas shall be visually screened from public view. 2. The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject the requirements of DBMC Section 8.15.550. 3. The area required for each container shall be a minimum of 38 inches by 38 inches. 6.1.a Packet Pg. 93 Exhibit A - Ordinance No. 05 (2021) 13 4. The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street. R. Utilities. 1. Each primary dwelling unit on a lot shall have its own direct utility connection to the utility/public service provider. 2. All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner/applicant. The City may condition approval of an application under this section upon the applicant providing evidence that such easements have been agreed to and/or recorded. 3. Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements. S. Building and Safety. All structures built on the lot shall comply with all current local building standards. T. Drainage and Stormwater Management. Each lot shall drain to the street or to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City-maintained storm drains within the City right-of- way shall comply with applicable City standards. SB 9 two-unit residential developments and the development of lots created through an urban lot split are subject to Division 5 (Storm Water and Urban Runoff Pollution Control) of DBMC Chapter 8.12 (Environmental Protection), and shall comply with all applicable related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements. U. Address Identification. Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the Fire Department, address identification shall be provided in additional approved locations to facilitate emergency response. V. Exceptions to Objective Standards. 6.1.a Packet Pg. 94 Exhibit A - Ordinance No. 05 (2021) 14 1. Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two primary residential units on a lot pursuant to this chapter that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in subsection 2, below. In applying the exceptions required by this subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied. 2. Priority of Development Standards. The City prioritizes the following development standards in the following ascending order of priority, with the first development standard listed having the lowest priority: a. Minimum primary dwelling unit size. b. Lot coverage (30% in the RR zone; 40% in the RL and RLM zones). c. Side or rear setback (a minimum of 4 feet must be maintained). d. Maximum front setback hardscape coverage (50% including driveway). e. Front setback. f. Height; Stories. 3. This subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures. 4. Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-street parking requirements in subjection J of this section, and the lot size, access, and frontage requirements set forth in Section 11 will not be waived or modified unless otherwise required by state law. 5. As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at least 800 square feet in floor 6.1.a Packet Pg. 95 Exhibit A - Ordinance No. 05 (2021) 15 area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection. 12. Additional Requirements for Urban Lot Splits A. Approval. Notwithstanding the Subdivision Map Act or any other provision of DBMC Title 21 (Subdivisions), an application for a parcel map for an urban lot split is approved or denied ministerially, by the City’s community and economic development director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of DBMC Title 21 and applicable objective requirements of this Urgency Ordinance and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. B. Guidance and Procedures. The City Engineer has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law. C. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in Title 21 (Subdivisions) of the DBMC code, except as otherwise provided in this Urgency Ordinance. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split. D. Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots shall each be no smaller than 1,200 square feet. E. Easements. 1. The owner must enter into an easement agreement with each utility/public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. 2. Each easement shall be shown on the tentative parcel map and the final parcel map. 3. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements must be recorded against the property before the final parcel map may be approved. D. Lot Access. 6.1.a Packet Pg. 96 Exhibit A - Ordinance No. 05 (2021) 16 1. Each resulting lot shall adjoin the public right-of-way. 2. Each resulting lot shall have frontage on the public right-of-way of at least 25 feet. E. Improvements Required. Each resulting lot shall be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City’s approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this the DBMC and this Urgency Ordinance. F. Required Affidavit. The applicant for a parcel map for an urban lot split must sign an affidavit provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved. If the owner of the subject lot also owns or previously owned other property elsewhere in the State of California that has also been subject to an application for an urban lot split within the three years preceding the application, such information may serve as evidence that the owner does not intend to occupy one of the dwelling units on the property as the owner’s principal residence and result in rejection of the application.. 13. Compliance with Emergency Access and Service Requirements. Development of a lot pursuant to this Urgency Ordinance shall conform and comply with all applicable provisions of the DBMC Chapter 16.00 (Fire Code) and applicable requirements promulgated by the Los Angeles County Fire Department intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide the City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements. 14. Deed Restriction. Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (“deed restriction”) recorded against 6.1.a Packet Pg. 97 Exhibit A - Ordinance No. 05 (2021) 17 the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following: A. Expressly requires the rental of any dwelling on the property for a term longer than 30 days. B. Expressly prohibits any non-residential use of the lot. C. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another. D. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot. E. Expressly prohibits condominium airspace divisions and common interest developments on the property. F. States that the property was formed and/or developed pursuant to the provisions of the DBMC and this Urgency Ordinance and is therefore subject to the city regulations set forth in the DBMC and this Urgency Ordinance, including all applicable limits on dwelling size and development. G. Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split. H. States (i) that the deed restriction is for the benefit of and is enforceable by the city, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys’ fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director. 15. Fees. Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City. 16. Objective Standard Conditions. The Director is authorized to promulgate objective standard conditions implementing this Urgency Ordinance, which are consistent with the DBMC and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the City’s internet website. Applicants shall comply with all standard conditions duly promulgated by the Director and published on the City’s internet website. 6.1.a Packet Pg. 98 Exhibit A - Ordinance No. 05 (2021) 18 17. Expiration of Approval. The approval of an SB 9 two-unit residential development shall expire and become null and void if construction is not commenced within one (1) year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire. 6.1.a Packet Pg. 99 6.1.b Packet Pg. 100