HomeMy WebLinkAbout2021.08.03 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, August 3, 2021
6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with the Governor’s Executive Order, members of the public are encouraged to
participate and address the City Council during the public comment portion of the meeting via
teleconference.
Members of the City Council and limited staff may be physically present for this meeting. If you
would like to attend the meeting in person, please note that face coverings are required to be worn
at all times.
How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (631) 992-3221, Access Code: 640-354-249
or visiting https://attendee.gotowebinar.com/register/3159801121819232016.
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City Clerk by
email at cityclerk@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting. Please indicate in the
Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members
and noted for the record at the meeting.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/3159801121819232016. Members of the public will be
called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five
minutes per agenda item, unless the Mayor determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-
7010 within 72 hours of the meeting. City Council video recordings with transcription will be available
upon request the day following the Council Meeting.
The City of Diamond Bar thanks you in advance for taking all precautions to prevent
spreading the COVID-19 virus.
ANDREW CHOU
Council Member
STAN LIU
Council Member
STEVE TYE
Council Member
NANCY A. LYONS
Mayor
RUTH M. LOW
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are
broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are 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 busi ness 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 Counc il 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/3159801121819232016 AND
ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 03, 2021
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low,
Mayor Lyons
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Golf Course Renovation Project Update
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 2021 Strategic Plan Implementation Update
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five -minute
maximum time limit when addressing the City Council. Please complete a
Speaker Card and hand it to the City Manager (completion of this form is
voluntary). The City will call on in person speakers first and then teleconference
callers, one at a time to give their name and if there is an agenda item number
they wish to speak on before providing their comment. If you wish to speak on a
public hearing item or council consideration item, you will be called upon to
speak at that point in the agenda.
AUGUST 3, 2021 PAGE 2
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 JULY 20, 2021 REGULAR MEETING.
4.1. July 20, 2021 City Council Minutes
Recommended Action:
Approve the July 20, 2021 Regular City Council meeting minutes.
Requested by: City Clerk
4.2 RATIFICATION OF CHECK REGISTER DATED JULY 15, 2021
THROUGH JULY 28, 2021 TOTALING $776,240.76.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
5. PUBLIC HEARINGS:
5.1 ORDINANCE NO. 02 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW
SECTION 22.42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND
SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND
WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES),
SECTION 22.44.020 (AUTHORITY FOR LAND USE AND ZONING
DECISIONS), SECTION 22.74.030 (APPEALS OF DECISIO NS), AND
SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO
ENACT REGULATIONS GOVERNING THE DEPLOYMENT,
AUGMENTATION, AND RELOCATION OF SMALL WIRELESS
FACILITIES IN THE CITY IN ACCORDANCE WITH STATE AND
FEDERAL LAW.
Recommended Action:
Introduce first reading by title only, waive full reading of Ordinance No. 02
(2021), open Public Hearing, receive public testimony, schedule the
second reading and adoption at the next regularly scheduled City Council
meeting.
Requested by: Community Development Department
AUGUST 3, 2021 PAGE 3
6. COUNCIL CONSIDERATION:
6.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING A REWARD OF UP TO $10,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE
PERSON(S) RESPONSIBLE FOR THE DEATH OF BRUCE BODEL.
Recommended Action:
Adopt Resolution No. 2021-37.
Requested by: City Manager
6.2 HEALTH OFFICER ORDER ON INDOOR FACE COVERING
REQUIREMENTS.
Recommended Action:
That the City Council discuss and provide direction as deemed
appropriate.
Requested by: City Manager
7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
8. ADJOURNMENT:
Agenda #: 4.1
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JULY 20, 2021 REGULAR
MEETING.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the July 20, 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
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Attachments:
1. 4.1.a July 20, 2021 City Council Minutes
4.1
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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
JULY 20, 2021
CLOSED SESSION: 6:00 p.m., Windmill Room
Public Comments: None offered
Government Code Section 54957
Public Employee – City Manager
Performance Evaluation
Closed Session Adjourned at 6:15 p.m.
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 limited to 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; Ryan McLean, Assistant City
Manager; Kristina Santana, City Clerk
Staff present telephonically: Omar Sandoval, Assistant City Attorney; Ryan Wright,
Parks and Recreation Director; David Liu, Public Works Director; Fabian Aoun,
Assistant Engineer; Brent Mason, Interim Director of Finance; Amy Haug, Human
Resources and Risk Manager; Ken Desforges, Director of Information Services; Cecilia
Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager
Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA
County Sheriff’s Department.
M/Lyons announced that tonight’s meeting began with a Closed Session with no
reportable actions taken.
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
4.1.a
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JULY 20, 2021 PAGE 2 CITY COUNCIL
2. PUBLIC COMMENTS:
Michelle Yi spoke about the litigation between The Country residents and
Millennium Development.
Annie Verdries reiterated her concerns about apparent City involvement in
a private election in the Country Estates.
CC/Santana announced that Fazeel Chauhan submitted a public comment via
email and it was forwarded to the City Council prior to the meeting.
The following speakers spoke telephonically:
Fazeel Chauhan read from his email to the City Council requesting removal of
what he felt were pro-war banners.
3. CONSENT CALENDAR: C/Tye moved, MPT/Low seconded, to approve the
Consent Calendar with the exception of Item 3.3 pulled by C/Tye for separate
consideration. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, Tye, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
3.1 APPROVED CITY COUNCIL MINUTES:
3.1a JULY 6, 2021 REGULAR MEETING.
3.2 RATIFIED CHECK REGISTER DATED JULY 1, 2021 THROUGH JULY
14, 2021 TOTALING $2,183,499.58.
3.4 APPROVED AND AUTHORIZED THE MAYOR TO SIGN, THE
CONSULTING SERVICES AGREEMENT WITH TAIT AND
ASSOCIATES, INC., FOR THE DESIGN OF THE GROUNDWATER
DRAINAGE IMPROVEMENTS PROJECT – PHASE 3 (CIP NO.
PW22400) IN THE AMOUNT OF $69,010, PLUS A CONTINGENCY
AMOUNT OF $6,900 FOR A TOTAL AUTHORIZATION AMOUNT OF
$75,910.
3.5 APPROVED, AND AUTHORIZED THE CITY MANAGER TO SIGN A
PURCHASE ORDER WITH DIRECT CONNECTION FOR PRINTING
AND MAILING SERVICES FOR THE CITY NEWSLETTER AND
RECREATION BROCHURE THROUGH JUNE 30K, 2022. IN A NOT-TO-
EXCEED AMOUNT OF $49,979.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
3.3 APPROVE FOR SECOND READING BY TITLE ONLY, WAIVED FULLY
READING, AND ADOPT ORDINANCE NO. 01 (2021), AN ORDINANCE
4.1.a
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JULY 20, 2021 PAGE 3 CITY COUNCIL
OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING
SECTIONS 22.08.040 (RESIDENTIAL ZONING DISTRICT GENERAL
DEVELOPMENT STANDARDS), 22.42.110 (RESIDENTIAL
ACCESSORY USES AND STRUCTURES), AND 22.42.120
(ACCESSORY DWELLING UNITS) OF TITLE 22 (DEVELOPMENT
CODE) OF THE DIAMOND BAR MUNICIPAL COE TO ENACT
UPDATED REGULATIONS PERTAINING TO ACCESSORY DWELLING
UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN
ACCORDANCE WITH STATE LAW.
C/Liu moved, MPT/Low seconded, to approve Consent Calendar Item 3.3.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Liu, MPT/Low, M/Lyons
NOES: COUNCIL MEMBERS: C/Tye
ABSENT: COUNCIL MEMBERS: None
4. PUBLIC HEARINGS: NONE
5. COUNCIL CONSIDERATION: NONE
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for the timely completion of the Diamond Bar B oulevard re-
pavement project, congratulated the newly opened Starbucks and Mievec
Discount Store and asked that anyone with information regarding the July 4th hit
and run event that resulted in the death of Diamond Bar resident Bruce Bodel
please contact the Diamond Bar/Walnut Sheriff’s Station.
C/Liu announced that fall registration is open for Girls Softball, shared a Good
Samaritan story, and asked everyone to stay safe in the summer heat and look
out for each other.
C/Tye said it was nice to see people enjoying the Concerts in the Park event and
Cold Duck, called attention to Caltrans shutting the northbound SR57 onramp for
repair at Brea Canyon Road from July 28th through November 1st, and requested
consideration of a no-confidence vote in LA County Public Health Department on
a future agenda relative to their insistence to having masks worn indoors.
MPT/Low thanked staff and the leaders of the HOA’s for their great work in
putting together the successful vote count for LLAD No. 41 and thanked staff for
their timely and compassionate work regarding the homeless issue. She
encouraged everyone to support the Brown Rice Thai Restaurant and enjoy the
Concerts in the Park and Movies under the Stars.
M/Lyons said that while she had her doubts about Summitridge Park, thanks to
staff, the Concerts in the Park events have been great. She also finds the mask
4.1.a
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JULY 20, 2021 PAGE 4 CITY COUNCIL
mandate very irritating and is concerned about local businesses suffering. She
suggested the Council send a letter of agreement to Supervisor Hahn and
Council concurred to discuss the mask mandate matter at the next meeting.
M/Lyons said she was also very disheartened about the brutal hit a nd run that
resulted in the death of Mr. Brodel and asked for consensus to consider offering
a reward for apprehension of the driver. Council concurred to place the matter
on the next agenda.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 7:12 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 3rd day of August, 2021.
__________________________
Nancy Lyons, Mayor
4.1.a
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Agenda #: 4.2
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JULY 15, 2021
THROUGH JULY 28, 2021 TOTALING $776,240.76.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $776,240.76.
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 July 15, 2021 through July 28,
2021 totaling $776,240.76 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies and pr ocedures, 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
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REVIEWED BY:
Attachments:
1. 4.2.a Check Register Affidavit 8-3-2021
2. 4.2.b Check Register 8-3-2021
4.2
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4.2.a
Packet Pg. 14
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3107 7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
106 21109 $37.51
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
239 21109 $100.16
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
201 21109 $145.83
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
238 21109 $200.31
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
250 21109 $207.43
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
207 21109 $313.91
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
206 21109 $637.26
7/23/2021 VANTAGEPOINT TRNSFR AGNTS-
303248
DEF COMP CONTRIBUTIONS/LOAN
PYMTS 07/23/2021
100 21109 $11,411.89
CHECK TOTAL $13,054.30
3108 7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
225 21110 $8.99
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
239 21110 $143.79
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
238 21110 $220.95
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
106 21110 $248.21
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
201 21110 $396.03
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
207 21110 $748.29
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
250 21110 $1,025.50
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
206 21110 $1,027.25
7/23/2021 CALPERS PENSION CONTRIB 7/3/21-7/16/21 &
7/1/21-7/31/21
100 21110 $31,824.99
CHECK TOTAL $35,644.00
4.2.b
Packet Pg. 15
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3109 7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
225 21118 $0.22
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
207 21118 $8.31
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
238 21118 $10.10
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
239 21118 $10.10
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
106 21118 $22.67
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
250 21118 $24.29
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
206 21118 $67.22
7/23/2021 TASC FLEX SPENDING MEDICAL /CHILDCARE
07/23/2021
100 21118 $1,130.14
CHECK TOTAL $1,273.05
3110 7/28/2021 AGRICULTURAL COM WGHTS &
MEASURES
WEED ABATEMENT - LLAD 41 (04.01.21 -
06.30.21)
241641 55526 $27,741.00
7/28/2021 AGRICULTURAL COM WGHTS &
MEASURES
WEED ABATEMENT - LLAD 39 (04.01.21 -
06.30.21)
239639 55526 $41,305.29
7/28/2021 AGRICULTURAL COM WGHTS &
MEASURES
WEED ABATEMENT - LLAD 41 (04.01.21 -
06.30.21)
241641 55526 $10.79
CHECK TOTAL $69,057.08
3111 7/28/2021 EIDE BAILLY LLP ACCOUNTING SERVICES IN JUNE 2021 100130 54900 $13,265.68
CHECK TOTAL $13,265.68
3112 7/28/2021 GATEWAY WATER
MANAGEMENT AUTHORITY
COST SHARE TO PREPARE & IMPLEMENT
LSGR - 2021-22
100610 54200 $33,800.00
7/28/2021 GATEWAY WATER
MANAGEMENT AUTHORITY
COST SHARE TO PREPARE & IMPLEMENT
LSGR - 2021-22
201610 54200 $101,528.27
CHECK TOTAL $135,328.27
3113 7/28/2021 GRANICUS INC CIVIC STREAMING/AGENDA & MINUTES
2021-22
100230 52314 $13,549.68
CHECK TOTAL $13,549.68
3114 7/28/2021 HARDY & HARPER INC ROAD MAINTENANCE SERVICES
(EMERGENCY WORK)
100655 55512 $18,837.62
CHECK TOTAL $18,837.62
4.2.b
Packet Pg. 16
City of Diamond Bar Check Register
CHECK #
CHECK DATE
VENDOR NAME
OTP VENDOR NAME
INVOICE DESCRIPTION
ORG
OBJECT
AMOUNT
3115 7/28/2021 HUSHMAND ASSOCIATES, INC. DBC SLOPE STABILIZATION - THRU JUNE
2021
301630 56104 $31,460.25
CHECK TOTAL $31,460.25
3116 7/28/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 (JUN 2021)
241641 55524 $4,922.61
7/28/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 (JUN 2021)
239639 55524 $12,173.54
7/28/2021 MCE CORPORATION LANDSCAPE MAINT - DISTRICTS 38, 39,
41 (JUN 2021)
238638 55524 $14,806.30
7/28/2021 MCE CORPORATION LANDSCAPE MAINT - ADDL' DIST 38
(DBAR BLVD)
238638 52320 $9,355.00
7/28/2021 MCE CORPORATION ADDL' LANDSCAPE MAINT - DIST 39
(SILVERTIP PARK)
239639 52320 $1,102.91
7/28/2021 MCE CORPORATION ADDL' LANDSCAPE MAINT - DIST 39
(LONGVIEW SOUTH)
239639 52320 $1,405.00
7/28/2021 MCE CORPORATION ADDL' LANDSCAPE MAINT - DIST 39
(STARDUST PARK)
239639 52320 $1,262.50
7/28/2021 MCE CORPORATION STREET MAINT & VEG CONTROL (JUNE
2021)
100655 55530 $761.36
7/28/2021 MCE CORPORATION STREET MAINT & VEG CONTROL (JUNE
2021)
100655 55528 $11,210.58
CHECK TOTAL $56,999.80
3117 7/28/2021 NETWORK PARATRANSIT SYSTEMS
INC
DIAMOND RIDE SERVICES FY2020-21 206650 55560 $13,633.14
CHECK TOTAL $13,633.14
3118 7/28/2021 OPENGOV INC ANNUAL MAINT - BUDGET
BOOK/MAINTENANCE 2021-22
100230 52314 $32,450.00
CHECK TOTAL $32,450.00
3119 7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22000
PATHFINDER\/VARIOUS TC-1
100655 52210 $11,079.83
7/28/2021 SOUTHERN CALIFORNIA EDISON 633 GRAND (06.10.21 - 07.11.21) 238638 52210 $15.79
7/28/2021 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (06.11.21 -
07.12.21)
100630 52210 $16.80
7/28/2021 SOUTHERN CALIFORNIA EDISON 1000 S. LEMON (06.14.21 - 07.13.21) 238638 52210 $15.43
7/28/2021 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (06.11.21 -
07.12.21)
241641 52210 $15.79
7/28/2021 SOUTHERN CALIFORNIA EDISON 20980 CANYON RIDGE (06.11.21 -
07.12.21)
241641 52210 $15.79
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
7/28/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON RD (06.15.21 -
07.14.21)
238638 52210 $15.07
7/28/2021 SOUTHERN CALIFORNIA EDISON 2025 DIAMOND BAR BLVD (06.15.21 -
07.14.21)
238638 52210 $14.88
7/28/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING RD (06.15.21 -
07.14.21)
238638 52210 $15.07
7/28/2021 SOUTHERN CALIFORNIA EDISON 21810 COPLEY (06.15.21 - 07.14.21) 100620 52210 $16,096.01
7/28/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON RD (06.15.21 -
07.14.21)
238638 52210 $14.88
7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN
SPRINGS TC-1
100655 52210 $103.53
7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN
SPRINGS TC-1
100655 52210 $90.70
7/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CANYON
BPED LS-3
100655 52210 $62.36
7/28/2021 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $80.34
7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN
SPRINGS PED TC-1
100655 52210 $117.06
7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER
TC-1
100655 52210 $113.21
7/28/2021 SOUTHERN CALIFORNIA EDISON GS-1 2838 S. DBB PED 100655 52210 $100.00
7/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S. BREA
CANYON TC-1
100655 52210 $64.34
7/28/2021 SOUTHERN CALIFORNIA EDISON 3334 1/2 BREA CANYON ROAD
(06.23.21 - 07.22.31)
238638 52210 $56.00
7/28/2021 SOUTHERN CALIFORNIA EDISON 652 BREA CANYON ROAD (06.22.21 -
07.21.21)
238638 52210 $15.43
CHECK TOTAL $28,118.31
3120 7/28/2021 TRES HERMANOS
CONSERVATION AUTHORITY JPA
THCA ANNUAL MAINTENANCE 248630 52320 $93,015.00
CHECK TOTAL $93,015.00
3121 7/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM/JULY
2020
503230 56135 $18,200.00
7/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP
SYSTEM
503230 56135 $2,537.96
7/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP
SYSTEM
503230 56135 $7,613.87
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
7/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP
SYSTEM
503230 56135 $2,800.00
7/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION OF FINANCE ERP
SYSTEM
503230 56135 $1,400.00
CHECK TOTAL $32,551.83
3122 7/28/2021 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES FOR THE
MONTH OF JUNE
100655 55510 $11,832.00
CHECK TOTAL $11,832.00
3123 7/28/2021 WALNUT VALLEY WATER DISTRICT RECYCLED WATER (JUN 2021) 238638 52220 $1,303.67
7/28/2021 WALNUT VALLEY WATER DISTRICT PARKS (JUNE 2021) 100630 52220 $28,614.11
7/28/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (JUNE 2021) 238638 52220 $13,975.16
7/28/2021 WALNUT VALLEY WATER DISTRICT DBC (JUNE 2021) 100510 52220 $324.53
7/28/2021 WALNUT VALLEY WATER DISTRICT CITY HALL (JUNE 2021) 100620 52220 $694.01
7/28/2021 WALNUT VALLEY WATER DISTRICT DIST 41 (JUNE 2021) 241641 52220 $33.58
7/28/2021 WALNUT VALLEY WATER DISTRICT DIST 39 (JUNE 2021) 239639 52220 $11,116.08
7/28/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 PT. 2 (JUNE 2021) 241641 52220 $5,490.43
7/28/2021 WALNUT VALLEY WATER DISTRICT PARKS PT. 2 (JUNE 2021) 100630 52220 $3,103.75
CHECK TOTAL $64,655.32
3124 7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $23.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100 22107 $161.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100 22107 $207.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $368.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $1,495.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $1,679.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $2,369.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $2,415.00
7/28/2021 WOODRUFF SPRADLIN & SMART LEGAL FEES - MAY 2021 100120 54020 $2,507.00
CHECK TOTAL $11,224.00
3125 7/28/2021 3SI SECURITY SYSTEMS, INC SHERIFF PACKAGE TRACKERS 100310 51300 $114.00
CHECK TOTAL $114.00
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
3126 7/28/2021 AIMTD LLC NTMP TRAFFIC COUNTS -
FEATHERWOOD
251160 56102 $735.00
CHECK TOTAL $735.00
3127 7/28/2021 AIRGAS INC HELIUM 100630 51200 $7.74
7/28/2021 AIRGAS INC HELIUM 100520 51200 $90.00
CHECK TOTAL $97.74
3128 7/28/2021 ALLIANT INSURANCE SERVICES
INC
100520 55300 $675.00
CHECK TOTAL $675.00
3129 7/28/2021 NAILA ASAD BARLAS STIPEND- CC/PC JOINT MTG - ULI TOWN
CTR - 4/16/21
100410 52525 $65.00
7/28/2021 NAILA ASAD BARLAS STIPEND-PC MEETING 9/20/20 100410 52525 $65.00
7/28/2021 NAILA ASAD BARLAS STIPEND-PC MEETING 1/26/21 100410 52525 $65.00
7/28/2021 NAILA ASAD BARLAS STIPEND-PC MEETING 3/23/21 100410 52525 $65.00
7/28/2021 NAILA ASAD BARLAS STIPEND-PC MEETING 6/8/21 100410 52525 $65.00
7/28/2021 NAILA ASAD BARLAS STIPEND-PC MEETING 6/22/21 100410 52525 $65.00
CHECK TOTAL $390.00
3130 7/28/2021 BONTERRA PSOMAS MITIGATION MONITORING 4/30 TO
6/3/21 TRACT 53670
100 22107 $520.00
CHECK TOTAL $520.00
3131 7/28/2021 BRANDI ZOELLNER INSTRUCTOR PAYMENT SUMMER 2021 100520 55320 $108.00
CHECK TOTAL $108.00
3132 7/28/2021 KATHY BREAUX INSTRUCTOR PAYMENT - ART - SUMMER
21
100520 55320 $366.60
CHECK TOTAL $366.60
3133 7/28/2021 BRIGHTVIEW LANDSCAPE
SERVICES INC
LANDSCAPE MAINTENANCE - ADDL' @
PANTERA
100630 52320 $1,311.76
CHECK TOTAL $1,311.76
3134 7/28/2021 CALIFORNIA DEPT OF TAX AND
FEE ADMI
SALES AND USE TAX FEES-APR-JUN 2021 100 29005 $1.35
7/28/2021 CALIFORNIA DEPT OF TAX AND
FEE ADMI
SALES AND USE TAX FEES-APR-JUN 2021 250 29005 $24.65
CHECK TOTAL $26.00
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
3135 7/28/2021 CODING MINDS INC INSTRUCTOR PAYMENT FOR SPRING &
SUMMER 21
100520 55320 $291.00
7/28/2021 CODING MINDS INC INSTRUCTOR PAYMENT - CODING -
SUMMER21
100520 55320 $276.00
CHECK TOTAL $567.00
3136 7/28/2021 DANIEL ENGSTROM CONCERTS IN THE PARK BAND 7.21.21 100520 55300 $1,500.00
CHECK TOTAL $1,500.00
3137 7/28/2021 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR - CODE
ENFORCEMENT-JUNE 2021
100120 54024 $360.40
CHECK TOTAL $360.40
3138 7/28/2021 DAVID EVANS AND ASSOCIATES
INC
GRAND/GSD LANDSCAPE
ARCHITECTURE - JUNE 2021
301610 56105 $577.41
CHECK TOTAL $577.41
3139 7/28/2021 CAROL A DENNIS PC MEETINGS MINUTES-JUNE 8 & 22 100410 54900 $300.00
CHECK TOTAL $300.00
3140 7/28/2021 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $256.00
CHECK TOTAL $256.00
3141 7/28/2021 DISCOVERY SCIENCE CENTER OF
ORANGE
RECYCLING EDUCATION PROGRAM 250170 54900 $1,229.25
CHECK TOTAL $1,229.25
3142 7/28/2021 DIVISION OF THE STATE
ARCHITECT
DISABILITY ACCESS & EDUCATION FEE
APR-JUN 2021
226 20602 $224.80
CHECK TOTAL $224.80
3143 7/28/2021 DMPR 4 LLC STORAGE RENTAL UNITS FOR AUGUST
2021
100130 52302 $1,576.00
CHECK TOTAL $1,576.00
3144 7/28/2021 DS SERVICES OF AMERICA INC WATER DELIVERIES (JUNE & JULY 2021) 100630 51200 $239.10
CHECK TOTAL $239.10
3145 7/28/2021 EXPRESS MAIL CORPORATE
ACCOUNT
MAIL-4/27/21 PC AGENDA STAFF RPT-
24206 GINGERWOOD
100 22107 $22.75
7/28/2021 EXPRESS MAIL CORPORATE
ACCOUNT
MAIL-4/27/21 PC AGENDA STAFF RPT-
24206 GINGERWOOD
100 22107 $22.75
7/28/2021 EXPRESS MAIL CORPORATE
ACCOUNT
MAIL-5/27/21 PC STAFF RPT-2523 BLAZE
TRAIL
100 22107 $22.75
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
7/28/2021 EXPRESS MAIL CORPORATE
ACCOUNT
MAIL-5/27/21 PC STAFF RPT-2523 BLAZE
TRAIL
100 22107 $22.75
CHECK TOTAL $91.00
3146 7/28/2021 FEHR & PEERS PS - ENGR TRAFFIC RELATED PROJ -
3/27/21 - 5/28/21
100615 54410 $2,551.50
CHECK TOTAL $2,551.50
3147 7/28/2021 FOOTHILL BUILDING MATERIALS
INC
SAND - FIRE STATION #119 100350 51200 $445.93
CHECK TOTAL $445.93
3148 7/28/2021 FRONTIER COMMUNICATIONS
CORP
INTERNET FEES - JULY 2021 100230 54030 $1,122.44
CHECK TOTAL $1,122.44
3149 7/28/2021 FUN EXPRESS LLC SUMMER DAY CAMP ACTIVITY & CRAFT
SUPPLIES
100520 51200 $262.77
CHECK TOTAL $262.77
3150 7/28/2021 HR GREEN PACIFIC INC HYDROLOGY REVIEW - CROOKED
CREEK PROJECT
100 22107 $408.00
7/28/2021 HR GREEN PACIFIC INC PLAN REVIEW - CROOKED CREEK
PROJECT
100 22107 $91.00
7/28/2021 HR GREEN PACIFIC INC HYDROLOGY REVIEW - CROOKED
CREEK PROJECT
100 22107 $810.00
7/28/2021 HR GREEN PACIFIC INC GRADING REVIEW - CROOKED CREEK
PROJECT
100 22107 $182.00
CHECK TOTAL $1,491.00
3151 7/28/2021 HUMANE SOCIETY OF POMONA
VALLEY INC
CONTRIB TO 32ND DOG LEG CLASSIC 2
TEE & 2 HZD SIGN
101110 52600 $500.00
CHECK TOTAL $500.00
3152 7/28/2021 INLAND SOCAL MEDIA GROUP
LLC
DBC AD FOR JUNE 2021 100510 52160 $750.00
CHECK TOTAL $750.00
3153 7/28/2021 INSIGHT PUBLIC SECTOR LOGITECH WEBCAMS (2) 100230 52200 $208.05
CHECK TOTAL $208.05
3154 7/28/2021 J & J'S SPORTS & TROPHIES HATS FOR RECREATION STAFF 100520 51200 $768.99
CHECK TOTAL $768.99
3155 7/28/2021 JCL TRAFFIC SERVICES ROAD MAINTENANCE SUPPLIES 100655 51250 $1,538.26
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
CHECK TOTAL $1,538.26
3156 7/28/2021 JOE A GONSALVES & SON INC PROFESSIONAL LEGISLATIVE SERVICES
FOR AUG. 2021
100130 54900 $2,500.00
CHECK TOTAL $2,500.00
3157 7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - 2244 INDIAN CREEK 100 22109 $328.75
7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - INSPECTION 100 22109 $117.87
7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - INSPECTIONS 100 22109 $117.87
7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - INSPECTIONS 100 22109 $117.88
7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - INSPECTIONS 100 22109 $117.88
7/28/2021 JOHN L HUNTER & ASSOC INC NPDES - CROOKED CREEK DEV 100 22107 $72.50
CHECK TOTAL $872.75
3158 7/28/2021 KENNETH L MOK STIPEND - CC/PC JOINT MTG - ULI TOWN
CTR - APRIL 16 21
100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND- PC MEETING 9/22/20 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 1/26/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 2/9/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 2/23/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 3/23/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 4/27/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 6/8/21 100410 52525 $65.00
7/28/2021 KENNETH L MOK STIPEND - PC MEETING 6/22/21 100410 51200 $65.00
CHECK TOTAL $585.00
3159 7/28/2021 LEWIS ENGRAVING INC NAME BADGE - FINANCE 100140 52140 $16.77
CHECK TOTAL $16.77
3160 7/28/2021 LOS ANGELES COUNTY FIRE
DEPARTMENT
ANNUAL PAYMENT FOR 2021/2022 100330 55406 $7,359.00
CHECK TOTAL $7,359.00
3161 7/28/2021 LOS ANGELES COUNTY PUBLIC
WORKS
SUMP PUMP MAINT @ SYC CANYON
PARK (THRU MAY 2021)
100630 52320 $4,504.81
CHECK TOTAL $4,504.81
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
3162 7/28/2021 LOS ANGELES COUNTY SHERIFF'S
DEPT
FY2020-21 SHERIFF'S LAW ENF SVCS -
JUNE 2021 SWEEP
100310 55402 $803.11
CHECK TOTAL $803.11
3163 7/28/2021 MAGNUS INTERNATIONAL TRADE
SERVICES CORP
LAD 41 PROP 218 BALLOT TRANSLATION 100240 54900 $607.16
7/28/2021 MAGNUS INTERNATIONAL TRADE
SERVICES CORP
USED OIL INFO CARD TRANSLATION 250170 52110 $75.00
7/28/2021 MAGNUS INTERNATIONAL TRADE
SERVICES CORP
LAD 41 PROP 218 BALLOT TRANSLATION 100240 54900 $50.00
CHECK TOTAL $732.16
3164 7/28/2021 MAHENDRA GARG STIPEND - PC MEETING - 9/22/20 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 1/26/21 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 2/9/21 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 3/23/21 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 4/27/21 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 6/8/21 100410 52525 $65.00
7/28/2021 MAHENDRA GARG STIPEND - PC MEETING 6/22/21 100410 51200 $65.00
CHECK TOTAL $455.00
3165 7/28/2021 METROLINK METROLINK PASSES - JUNE 2021 206650 55610 $692.30
7/28/2021 METROLINK METROLINK PASSES - JUNE 2021 206650 55620 $2,769.20
CHECK TOTAL $3,461.50
3166 7/28/2021 METROPOLITAN
TRANSPORTATION COMMISSION
ANNUAL SUBSCRIPTION - STREETSAVER
2021-22
207650 52314 $1,500.00
CHECK TOTAL $1,500.00
3167 7/28/2021 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR AUG. 2021 100350 52300 $78.75
CHECK TOTAL $78.75
3168 7/28/2021 MSNOC INC PARTIAL PAYMENT FOR INSTRUCTOR
FOR CAMP 6/28-6/30
100520 55320 $1,350.00
7/28/2021 MSNOC INC INSTRUCTOR 60 PERCENT PAYMENT
SUMMER 2021 FY 20/21
100520 55320 $1,350.00
CHECK TOTAL $2,700.00
3169 7/28/2021 NORTH AMERICAN YOUTH
ACTIVITIES LLC
INSTRUCTOR PAYMENT SUMMER
SESSION 1 2021
100520 55320 $1,813.20
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
CHECK TOTAL $1,813.20
3170 7/28/2021 NRPA NATIONAL RECREATION PARKS
ASSOC.ANNUAL MEMBERSHIP
100520 52400 $675.00
CHECK TOTAL $675.00
3171 7/28/2021 OCCUPATIONAL HEALTH
CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL 100220 52510 $239.00
CHECK TOTAL $239.00
3172 7/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES DBC JULY 2, 2021 100510 51200 $115.62
CHECK TOTAL $115.62
3173 7/28/2021 ONE TIME PAY VENDOR ASHIL PANSURIA EVENT REFUND 100 20202 $950.00
CHECK TOTAL $950.00
3174 7/28/2021 ONE TIME PAY VENDOR BIN ZHANG RECREATION CLASS REFUND 100 20202 $227.40
CHECK TOTAL $227.40
3175 7/28/2021 ONE TIME PAY VENDOR CINDY VALERA EVENT REFUND 100 20202 $1,525.11
CHECK TOTAL $1,525.11
3176 7/28/2021 ONE TIME PAY VENDOR ERICK ZELAYA EVENT REFUND 100 20202 $300.00
CHECK TOTAL $300.00
3177 7/28/2021 ONE TIME PAY VENDOR KEVIN HUANG DAY CAMP REFUND 100 20202 $320.00
CHECK TOTAL $320.00
3178 7/28/2021 ONE TIME PAY VENDOR MARIBEL SARABIA RECREATION HOUSEHOLD CREDIT
REFUND DUE TO COVID-19
100 20202 $28.00
CHECK TOTAL $28.00
3179 7/28/2021 ONE TIME PAY VENDOR NING YANG DAY CAMP REFUND 100 20202 $160.00
7/28/2021 ONE TIME PAY VENDOR NING YANG DAY CAMP REFUND 100 20202 $160.00
CHECK TOTAL $320.00
3180 7/28/2021 ONE TIME PAY VENDOR YU HUA CHEN DAY CAMP REFUND 100 20202 $180.00
CHECK TOTAL $180.00
3181 7/28/2021 ONE TIME PAY VENDOR HOYT ROOFS, INC. CD DEPOSIT REFUND 100 22105 $250.00
CHECK TOTAL $250.00
3182 7/28/2021 ONE TIME PAY VENDOR MATA CONSTRUCTION
SERVICES
CD DEPOSIT REFUND 100 22105 $225.00
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 $225.00
3183 7/28/2021 ONE TIME PAY VENDOR RUANO CONSTRUCTION
INC.,
CD DEPOSIT REFUND 100 22105 $250.00
CHECK TOTAL $250.00
3184 7/28/2021 ONE TIME PAY VENDOR SAN JOAQUIN
CONSTRUCTION
SPECIALISTS
CD DEPOSIT REFUND 100 22105 $250.00
CHECK TOTAL $250.00
3185 7/28/2021 PROTECTION ONE INC BURGLAR ALARM - CITY HALL (07.29.21 -
08.28.21)
100620 52320 $35.13
CHECK TOTAL $35.13
3186 7/28/2021 QUINN RENTAL SERVICES GENERATOR RENTAL 100520 55300 $240.13
7/28/2021 QUINN RENTAL SERVICES CONCERTS IN THE PARK GENERATOR
RENTAL WEEK 2
100520 55300 $240.13
CHECK TOTAL $480.26
3187 7/28/2021 RAYMOND WALTER WOLFE STIPEND - CC/PC JOINT MTG - ULI TOWN
CTR-APRIL 16 21
100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 9/22/20 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 1/26/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 2/9/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 2/23/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 3/23/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 4/27/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 6/8/21 100410 52525 $65.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING 6/22/21 100410 52110 $25.00
7/28/2021 RAYMOND WALTER WOLFE STIPEND - PC MEETING /22/21 100410 51200 $40.00
CHECK TOTAL $585.00
3188 7/28/2021 REACH SPORTS MARKETING
GROUP INC
PLAYER LICENSE RENEWAL (5) 100230 52314 $2,500.00
CHECK TOTAL $2,500.00
3189 7/28/2021 ROSS CREATIONS CONCERTS IN THE PARK SOUND
VENDER WEEK 2 PAYMENT
100520 55300 $825.00
CHECK TOTAL $825.00
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
3190 7/28/2021 SHEPPARD MULLIN RICHTER &
HAMPTON
PROF SERVICES THRU APRIL 2021 - TRES
HERMANOS
100120 54022 $1,337.72
7/28/2021 SHEPPARD MULLIN RICHTER &
HAMPTON
PROF. SERVICES THRU JUNE 2021 - TRES
HERMANOS
100120 54022 $645.22
CHECK TOTAL $1,982.94
3191 7/28/2021 SIMPSON ADVERTISING INC DESIGN AND LAYOUT OF AUGUST 2021
CITY NEWSLETTER
100240 54900 $1,575.00
CHECK TOTAL $1,575.00
3192 7/28/2021 SQBOX SOLUTIONS LTG ANNUAL MAINT - INTRANET
CONNECTIONS 2021-22
100230 52314 $3,350.00
CHECK TOTAL $3,350.00
3193 7/28/2021 SYMPRO INC ANNUAL MAINT - FI MODULE 9/1/21-
8/31/22
100230 52314 $5,472.25
CHECK TOTAL $5,472.25
3194 7/28/2021 TASC ADMIN FEES 100220 52515 $117.00
CHECK TOTAL $117.00
3195 7/28/2021 TENNIS ANYONE INC TENNIS INSTRUCTOR FY 20/21 END OF
JUNE PAYMENT
100520 55320 ($81.10)
7/28/2021 TENNIS ANYONE INC TENNIS INSTRUCTOR FY 20/21 END OF
JUNE PAYMENT
100520 55320 $4,482.71
CHECK TOTAL $4,401.61
3196 7/28/2021 THE GAS COMPANY 2900 BREA CANYON ROAD (JUNE 2021) 100630 52215 $10.75
7/28/2021 THE GAS COMPANY 1600 GRAND (JUNE 2021) 100510 52215 $46.64
CHECK TOTAL $57.39
3197 7/28/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-7/13/21 PC MTG 2335 DIA
BAR BL
100 22107 $635.00
7/28/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD-PC MTG 6/22/21-20657
GOLDEN SPRINGS
100 22107 $612.50
7/28/2021 THE SAN GABRIEL VALLEY
NEWSPAPER GR
LEGAL AD ON 7/12/2021 100140 52160 $380.00
CHECK TOTAL $1,627.50
3198 7/28/2021 THE SAUCE CREATIVE SERVICES
INC
GOOD NEIGHBOR AWARD DESIGN 100520 52110 $275.00
7/28/2021 THE SAUCE CREATIVE SERVICES
INC
CONCERTS IN THE PARK DESIGN AND
PRINT
100520 52110 $1,234.11
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
CHECK TOTAL $1,509.11
3199 7/28/2021 THE TAIT GROUP INC CS-ENGR - VARIOUS TRAFFIC-RELATED
PROJ - APR 2021
100615 54410 $5,200.00
CHECK TOTAL $5,200.00
3200 7/28/2021 TRIFYTT SPORTS LLC INSTRUCTOR PAYMENT JUNE CAMP
2021
100520 55320 $1,419.60
CHECK TOTAL $1,419.60
3201 7/28/2021 ULTIMATE ENTERTAINMENT 7.28.21 MEGA OUTDOOR MOVIES
DEPOSIT
100520 55300 $900.00
7/28/2021 ULTIMATE ENTERTAINMENT 8.4.21 MEGA OUTDOOR MOVIES
DEPOSIT
100520 55300 $900.00
CHECK TOTAL $1,800.00
3202 7/28/2021 UNITED RECORDS MANAGEMENT
INC
OFF-SITE STORAGE OF BACK-UP TAPES -
JUNE 2021
100230 55000 $594.00
CHECK TOTAL $594.00
3203 7/28/2021 VERIZON WIRELESS WIRELESS PHONE SERVICES -
PW/CD/REC - JULY 2021
100230 52200 $2,558.83
CHECK TOTAL $2,558.83
3204 7/28/2021 VERMONT SYSTEMS INC ANNUAL MAINTENANCE - REC-TRAC
2021-22
100230 52314 $6,558.00
CHECK TOTAL $6,558.00
3205 7/28/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $411.83
7/28/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $626.80
CHECK TOTAL $1,038.63
3206 7/28/2021 WILLDAN GEOTECHNICAL GEOTECH REVIEW - CROOKED CREEK
TTM 54081
100 22107 $630.00
CHECK TOTAL $630.00
3207 7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - CC/PC JOINT MTG-ULI TOWN
CTR-APRIL 16 21
100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 9/22/20 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 1/26/21 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 2/9/21 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 2/23/21 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 3/23/21 100410 52525 $65.00
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
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 4/27/21 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 6/8/21 100410 52525 $65.00
7/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND - PC MEETING 6/22/21 100410 51200 $65.00
CHECK TOTAL $585.00
3208 7/28/2021 WILSON FIALLOS INSTRUCTOR PAYMENT - BASKETBALL
SUMMER 21
100520 55320 $1,248.00
CHECK TOTAL $1,248.00
GRAND TOTAL $776,240.76
4.2.b
Packet Pg. 29
Agenda #: 5.1
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 02 (2021) AN ORDINANCE OF THE CITY OF
DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22
(DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE
TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES),
AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION
ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA
FACILITIES), SECTION 22.44.020 (AUTHORITY FOR LAND USE AND
ZONING DECISIONS), SECTION 22.74.030 (APPEALS OF
DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING
OF APPEALS), TO ENACT REGULATIONS GOVERNING THE
DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL
WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE
AND FEDERAL LAW.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Introduce first reading by title only, waive full reading of Ordinance No. 02 (2021), open
Public Hearing, receive public testimony, schedule the second reading and adoption at
the next regularly scheduled City Council meeting.
FINANCIAL IMPACT:
None.
BACKGROUND:
On September 26, 2018, the Federal Communications Commission (“FCC”) adopted its
Declaratory Ruling, Third Report, and Order (“Order”) in the matter of “Accelerating
Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.”
The Order establishes a new category of “small wireless facilities,” and limits and
preempts the ability of cities to regulate the deployment of small wireless facilities, both
5.1
Packet Pg. 30
inside and outside of the public right-of-way, and imposes strict processing
requirements that cities must adhere to for small wireless facility applications. These
requirements are in addition to preexisting federal requirements that prevent cities from
adopting regulations that “effectively prohibit” the provision of wireless service. The
Order is intended to facilitate the spread, growth, and accumulation of small wireless
facilities over a short period of time to ensure deployment of new 5G technology that the
FCC claims will enable increased competition in healthcare, Internet of Things
applications and lifesaving car technologies, among other things, and create jobs,
possibly increasing the U.S. economy by as much as $100 billion by speeding up the
deployment of small wireless facilities by only one year.
To fully comply with the new FCC regulations and to minimize any potential conflicts
with telecommunication service providers, the proposed ordinance creates a new
section in the Development Code (Section 22.42.135) for the orderly, managed, and
efficient deployment of small wireless facilities. The ordinance includes an
administrative permit review process, submittal requirements, design and development
standards, installation and operation requirements, standard conditions of approval,
abandonment or discontinuation of use requirements, and an appeals process.
Current Process vs New Process
The City currently regulates all wireless telecommunication facilities pursuant to Section
22.42.130 (Radio and television antennas and wireless telecommunications antenna
facilities) of the Development Code. The purpose of Section 22.42.130 is to establish
development standards and land use controls for the installation and maintenance of
radio and television antennas and wireless telecommunications antenna facilities in the
City; however, the Development Code has not been updated to reflect the new legal
requirements for the deployment of small wireless facilities, as set forth by the FCC’s
Order. Under the current process, new wireless facilities on utility poles requires
Planning Commission approval of a Conditional Use Permit at a public hearing. The
proposed ordinance would exempt “small wireless facilities” from the requirements set
forth in Section 22.42.130 and enact a new Section 2 2.42.135, specifically governing
“small wireless facilities” as defined in the FCC’s Order. The new Section 22.42.135
would create an administrative permit review process for the deployment of all small
wireless facilities located within the City.
In addition to requiring small wireless facility applications to be processed
administratively, the Order also mandates reduced timeframes for processing such
applications. The “shot clock” periods for a public agency to review, comment upon,
and make a final determination on small wireless facility applications are: ninety (90)
days for new small wireless facilities; and sixty (60) days for collocation on preexisting
facilities. It should also be noted that a service provider can include multiple sites on
one application. The existing 150 and 90-day shot clocks periods for new and
collocated wireless telecommunications installations other than “small wireless facilities”
remain unchanged.
The FCC’s Order further limits the extent to which cities may impose fees on small
wireless facility deployments, including fees for processing applications, the use of the
public right-of-way, and the privilege of attaching or using fixtures and structures in the
5.1
Packet Pg. 31
public right-of-way that are owned or controlled by the City. If the proposed ordinance is
approved, staff will follow up with a recommended fee schedule for small wireless
facility deployments. The FCC’s Order establishes “safe harbor” fee amounts that are
presumed to be reasonable not-to-exceed amounts to cover the cost of processing such
applications. The safe harbor fees are as follows:
1. $500 for non-recurring fees, including a single up-front application that includes
up to five small wireless facilities, with an additional $100 for each small wireless
facility beyond five;
2. $1,000 for non-recurring fees for a new pole (i.e., not a collocation) intended to
support one or more small wireless facility; or
3. $270 per small wireless facility per year for all recurring fees, including any right-
of-way access fees or fees for attachment to City-owned structures in the right-
of-way.
Planning Commission Review
On July 13, 2021, after conducting a duly noticed public hearing, the Planning
Commission adopted Resolution no. 2021-10 recommending by a 4-0 vote, with
Commissioner Garg absent, that the City Council adopt the attached ordinance
amending Title 22 (Attachment 2). The staff report and meeting minutes from that
meeting are attached to this report as Attachments 3 and 4 respectively.
One letter was received prior to the Planning Commission hearing in support of the
proposed ordinance (Attachment 5).
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
July 23, 2021, in a 1/8 page display. Pursuant to Planning and Zoning Law Government
Code Section 65091(a)(4), if the number of property owners to whom a public hearing
notice would be mailed is greater than 1,000, a local agency may provide notice by
placing a display advertisement of at least 1/8 page in one newspaper of general
circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
LEGAL REVIEW:
The City Attorney’s Office drafted the attached ordinance, and has worked
collaboratively with wireless industry representatives to develop mutually acceptable
standards, as reflected in the draft ordinance.
PREPARED BY:
5.1
Packet Pg. 32
REVIEWED BY:
Attachments:
1. 5.1.a Draft Ordinance No. 02 (2021)
2. 5.1.b Planning Commission Resolution No. 2021-10
3. 5.1.c Planning Commission Staff Report (attachments not included) Dated July
13, 2021
4. 5.1.d Planning Commission Meeting Minutes Dated July 13, 2021
5. 5.1.e Letter from Michelle Brower (Verizon) Dated July 13, 2021
5.1
Packet Pg. 33
ORDINANCE NO. 02 (2021)
AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR
MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL
WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO
AND TELEVISION ANTENNAS AND WIRELESS
TELECOMMUNICATIONS ANTENNA FACILITIES), SECTION 22.44.020
(AUTHORITY FOR LAND USE AND ZONING DECISIONS), SECTION
22.74.030 (APPEALS OF DECISIONS), AND SECTION 22.74.040
(FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS
GOVERNING THE DEPLOYMENT, AUGMENTATION, AND
RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN
ACCORDANCE WITH STATE AND FEDERAL LAW.
WHEREAS, on September 26, 2018, the Federal Communications Commission
(“FCC”) adopted its Declaratory Ruling, Third Report, and Order (“Order”) “In the Matter
of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment,” which established new limitations on local standards for the siting of, and
the processing of applications for, small wireless facilities by all local jurisdictions; and,
WHEREAS, the Order provides that all local jurisdictions must comply with various
restrictions on their exercise of aesthetic, zoning, public works, and fee authority when
considering applications for the installation of small wireless facilities; and,
WHEREAS, the Order is intended to facilitate the spread, growth, and
accumulation of small wireless facilities over a short period of time to ensure deployment
of 5G technology. The Order reduces the “shot clock” period allowable for cities to review,
comment upon, consider, and make a final determination on small wireless facility
applications for as many as 90 days for new facilities and as many as 60 days for
collocated and modified facilities; and,
WHEREAS, small wireless facilities are primarily installed within public rights-of-
way and as such create significant concerns regarding traffic and pedestrian safety,
aesthetics, protection and preservation of public property, and the health, safety, and
welfare of the general public; and,
WHEREAS, installation of small wireless facilities within the public right-of-way can
pose a threat to the public health, safety and welfare, including: disturbance to the right -
of-way through the installation and maintenance of wireless facilities; traffic and
pedestrian safety hazards due to the unsafe location of wireless facilities; land use
conflicts and incompatibilities, including excessive height of poles and towers; creation of
visual and aesthetic blights and potential safety concerns arising from excessive size,
heights, noise or lack of camouflaging of wireless facilities , including the associated
pedestals, meters, equipment and power generators; and the creation of unnecessary
visual and aesthetic blight by failing to utilize alternative technologies or capitalizing on
5.1.a
Packet Pg. 34
Ordinance No. 02 (2021)
2
co-location opportunities, which may negatively impact the unique quality and character
of the City; and,
WHEREAS, the City currently regulates all wireless telecommunications antenna
facilities within specified land use zones of the City as provided in Section 22.42.130
(Radio and Television Antennas and Wireless Telecommunications Antenna Facilities) of
the Diamond Bar Municipal Code, which does not specifically address the deployment of
small wireless facilities; and,
WHEREAS, the Federal Telecommunications Act of 1996 preempts and declares
invalid all state rules that restrict entry or limit competition in both local and long-distance
telephone service; and,
WHEREAS, the California Public Utilities Commission (“CPUC”) is primarily
responsible for the implementation of local telephone competition and the CPUC issues
certificates of public convenience and necessity to new entrants that are qualified to
provide competitive local telephone exchange services and related telecommunications
service, whether using their own facilities or the facilities or services provided by other
authorized telephone corporations; and,
WHEREAS, Section 234(a) of the California Public Utilities Code defines a
"telephone corporation" as "every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within this state;” and,
WHEREAS, Section 616 of the California Public Utilities Code provides that a
telephone corporation "may condemn any property necessary for the construction and
maintenance of its telephone line;” and,
WHEREAS, many wireless service providers are eligible to utilize the public righ t-
of-way pursuant to a Certificate of Public Convenience and Necessity, as issued by the
California Public Utilities Commission; and,
WHEREAS, Section 2902 of the California Public Utilities Code authorizes
municipal corporations to retain their powers of control to supervise and regulate the
relationships between a public utility and the general public in matters affecting the health,
convenience, and safety of the general public, including matters such as the use and
repair of public streets by any public utility and the location of the poles, wires, mains, or
conduits of any public utility on, under, or above any public streets. The primary and
highest purpose of public streets, rights-of-way, roads, and highways is the safe and
efficient accommodation of the traveling public, including without limitation motor vehicles,
automobiles, trucks, buses and other modes of public transportation, bicycles,
pedestrians, and emergency and first responder vehicles. Street signs, street lights, and
drainage systems also provide services and enhancements that protect and serve the
traveling public. The City Council finds that all other uses of the public right-of-way are
ancillary and secondary to the primary purpose and use of the public right -of-way and will
only be allowed to the extent such secondary uses do not impede the traveling public or
5.1.a
Packet Pg. 35
Ordinance No. 02 (2021)
3
compromise the safety of the members of the public and the residents and businesses of
the City; and,
WHEREAS, Section 7901 of the California Public Utilities Code authorizes
telephone/telegraph corporations to construct telephone/telegraph lines upon any public
road or highway, along or across any of the waters or lands within this state, and to erect
poles, posts, piers, or abatements for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points as not to incommode
the public use of the road or highway or interrupt the navigation of the waters; and,
WHEREAS, Section 7901.1 of the California Public Utilities Code confirms the right
of municipalities to exercise reasonable control as to the time, place, and manner in which
roadways, highways, and waterways are accessed, which control must be applied to all
entities in an equivalent manner; and,
WHEREAS, Section 50030 of the California Government Code states that permit
fees imposed by a city for the placement, installation, repair, or upgrading of
telecommunications facilities, such as lines, poles, or antennas, by a telephone
corporation that has obtained all required authorizations from the CPUC and the FCC to
provide telecommunications services cannot exceed the reasonable costs of providing
service for which the fee is charged and cannot be levied for general revenue; and,
WHEREAS, state and federal law have changed substantially and the City is in
need of clear regulations for small wireless facility installations given the number of
anticipated applications and legal timelines upon which the City must act; and,
WHEREAS, the public right-of-way in the City is a uniquely valuable public
resource, closely linked with the City's scenic nature and rural character. The reasonably
regulated and orderly deployment of small wireless facilities in the public right -of-way is
desirable, and unregulated or disorderly deployment represents an ever-increasing threat
to the health, welfare, and safety of the community; and,
WHEREAS, the regulation of installations, including small wireless facilities, in the
public right-of-way is necessary to protect and preserve the aesthetics in the community,
as well as the values of properties within the City, and to ensure that such installations
are installed using the least intrusive means possible; and,
WHEREAS, the City Council recognizes its responsibilities under the Federal
Telecommunications Act of 1996 and state law, and believes that it is acting consistent
with the current state of the law in ensuring that irreversible development activity does not
occur that would harm the public health, safety, or welfare; and,
WHEREAS, the City does not intend that this Ordinance prohibit or have the effect
of prohibiting the provision of telecommunications service; rather, this Ordinance includes
appropriate regulations to ensure that the deployment, augmentation, and relocation of
small wireless facilities in the City are conducted in such a manner as to lawfully balance
5.1.a
Packet Pg. 36
Ordinance No. 02 (2021)
4
the legal rights of applicants under the Federal Telecommunications Act, the
rules/regulations promulgated thereunder, and the California Public Utilities Code, while
at the same time, protecting the health, safety, and welfare of the general public and land
use concerns described herein.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Subsection (b) of Section 22.42.130 (Radio and Television Antennas
and Wireless Telecommunications Antenna Facilities) of Chapter 22.42 (Standards for
Specific Land Uses) of Title 22 (Development Code) of the Diamond Bar Municipal Code
is hereby amended to read as follows (deletions shown in strikethrough; additions shown
in bold/underline):
“(b) Applicability. The standards of this section apply to all earth station
antennas, amateur radio station antennas, and wireless
telecommunications antenna facilities, except for small wireless facilities
governed by and subject to the provisions of Section 22.42.135, which
shall be exempt from and not governed by the provisions of this
section.
SECTION II. Section 22.42.135 (Small Wireless Facilities) of Chapter 22.42
(Standards for Specific Land Uses) of Title 2 2 (Development Code) is hereby added to
the Diamond Bar Municipal Code, which shall read as follows:
Section 22.42.135. – Small wireless facilities.
(a) Purpose. The purpose of this section is to:
(1) Provide a uniform and comprehensive set of regulations and standards for
the permitting, development, siting, deployment, design, operation, and
maintenance of small wireless facilities in the City.
(2) Establish clear local guidelines, standards, and time frames for the exercise
of local authority with respect to the regulation of small wireless facilities in
the City.
(3) Impose clear and reasonable requirements so that applications for small
wireless facilities will be processed in a consistent and timely manner. This
section imposes requirements that are necessary to protect public health,
safety, welfare, aesthetics, and provide for the orderly, managed, and
efficient deployment of small wireless facilities in accordance with state and
federal laws, rules, and regulations.
(4) Provide for the orderly, managed, and efficient deployment of small wireless
facilities in accordance with state and federal laws, rules, and regulations ,
5.1.a
Packet Pg. 37
Ordinance No. 02 (2021)
5
and permit and manage reasonable access to public rights -of-way of the
City for telecommunications purposes on a competitively neutral basis.
(5) Enable the City to discharge its public trust responsibilities consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development through the encouragement of advanced
and competitive telecommunications services on the widest possible
equivalent basis to the businesses, institutions, and residents of the City
while continuing to fairly and responsibly protect the public health, safety,
and welfare.
(6) Promote and protect public health, safety, welfare, and the aesthetic quality
of the City consistent with the goals, objectives, and policies of the General
Plan.
(7) Conserve the limited physical capacity of public rights-of-way held in public
trust by the City.
(8) Assure that the City’s current and ongoing costs of granting and regulating
private access to and use of public rights -of-way are fully paid by the
persons seeking such access and causing such costs while securing fair
and reasonable compensation for the City and the residents of the City for
permitting private use of public rights -of-way, within the limits established
by the FCC.
(b) Interpretation. This section is not intended nor shall it be interpreted to:
(1) Prohibit or effectively prohibit any small wireless service provider's ability to
deploy small wireless facilities.
(2) Prohibit or effectively prohibit any entity's ability to provide any interstate or
intrastate telecommunications service, subject to any competitively neutral
and nondiscriminatory rules or regulations for rights-of-way management.
(3) Unreasonably discriminate among providers of functio nally equivalent
services.
(4) Deny any request for authorization to place, construct, or modify small
wireless facilities on the basis of environmental effects of radio-frequency
emissions to the extent that the small wireless facilities comply with the
FCC's regulations concerning such emissions.
(5) Prohibit any co-location or modification that the City may not deny under
federal or state law.
5.1.a
Packet Pg. 38
Ordinance No. 02 (2021)
6
(c) Definitions. For the purpose of this section, the following words and terms shall
have the meaning set forth herein unless the context clearly indicates or requires
a different meaning.
Accessory Equipment means any equipment, other than antenna equipment,
associated with the installation of a small wireless facility.
Antenna means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may
be amended or superseded, which defines that term as an apparatus designed for
the purpose of emitting radiofrequency radiation, to be operated or operating from
a fixed location, for the provision of personal wireless service and any commingled
information services.
Antenna Equipment means the same as defined by the FCC in 47 C.F.R. §
1.6002(c), as may be amended or superseded, which defines the term as
equipment, switches, wiring, cabling, power sources, shelters or cabinets
associated with an antenna, located at the same fixed location as the antenna,
and, when collocated on a structure, is mounted or installed at the same time as
such antenna.
Antenna Facility means the same as defined by the FCC in 47 C.F.R. § 1.6002(d),
as may be amended or superseded, which defines the term as an antenna and
associated antenna equipment.
Applicant means a person or entity that submits an application for a Small Wireless
Facility Permit under the provisions of this section and the agents, employees, and
contractors of such person or entity.
Co-location means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as
may be amended or superseded, which defines that term as mounting or installing
an antenna facility on a pre-existing structure, and/or modifying a structure for the
purpose of mounting or installing an antenna facility on that structure.
Decorative Pole means any pole that includes decorative or ornamental features,
design elements and/or finials intended to enhance the appearance of the pole or
the public rights-of-way in which the pole is located.
Deployment means the same as defined by the FCC in 47 C.F.R. § 1.6002(h), as
may be amended or superseded, which defines the term as placement,
construction, or modification of a personal wireless service facility.
Director means the Community Development Director for the City of Diamond Bar,
or his or her designee.
FCC means the Federal Communications Commission or its duly appointed
successor agency.
5.1.a
Packet Pg. 39
Ordinance No. 02 (2021)
7
Modification means any change to a small wireless facility that involves any of the
following: co-location, expansion, alteration, enlargement, intensification, or
augmentation, including, but not limited to, a change in size, shape, color, visual
design, or exterior material. Modification does not include repair, replacement, or
maintenance if those actions do not involve a change to the small wireless facility
involving any of the following: co-location, expansion, enlargement, intensification,
or augmentation.
New Pole means any pole erected or installed after the effective date of this
section. The term “New Pole” does not include a “Replacement Pole” as defined
in this section.
Pole means a single shaft of wood, steel, concrete, or other material capable of
supporting the equipment mounted thereon in a safe and adequate manner and
as required by provisions of this Code.
Public Right-of-Way or Right-of-Way means any public street, public way, public
alley, or public place, laid out, reserved, or dedicated for street, sidewalk, storm
drainage, bicycle path, or other public uses or purposes under the jurisdiction of
the City.
Public Works Director means the Public Works Director of the City, or his or her
designee.
Replacement Pole means and shall only include a pole or structure that replaces
a pole in the exact same location in order to accommodate small wireless facilities.
Small wireless facility or facility means the same as defined by the FCC in 47
C.F.R. § 1.6002(l), as may be amended or superseded, which defines the term as
a facility that meets each of the following conditions:
(1) The facility is: (i) mounted on structures 50 feet or less in height including
their antennas; or (ii) mounted on structures no more than 10 percen t taller
than other adjacent structures; or (iii) does not extend existing structures on
which it is located to a height of more than 50 feet or by more than 10
percent, whichever is greater;
(2) Each antenna associated with any deployment, excluding associa ted
antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the
wireless equipment associated with the antenna and any pre -existing
associated equipment on the structure, is no more than 28 cubic feet in
volume;
5.1.a
Packet Pg. 40
Ordinance No. 02 (2021)
8
(4) The facility does not require antenna structure registration under 47 C.F.R.
Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.
800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation
in excess of the applicable safety standards specified in 47 C.F.R.
1.1307(b).
Structure means the same as defined by the FCC in 47 C.F.R. § 1.6002(m), as
may be amended or superseded, which defines the term as a pole, towe r, base
station, or other building, whether or not it has an existing antenna facility, that is
used or to be used for the provision of personal wireless service (whether on its
own or comingled with other types of services).
(d) Applicability. Notwithstanding any provision of the Diamond Bar Municipal Code to
the contrary, this section shall govern all applications for Small Wireless Facility
Permits in the City.
(e) Required approvals.
(1) A Small Wireless Facility Permit shall be requ ired to locate or modify any
small wireless facility on a pole, new pole, replacement pole, or structure
located within the City, including without limitation on any public rights -of-
way, public property, or private property. No small wireless facility shall be
located or modified within the City without the issuance of an administrative
Small Wireless Facility Permit, as required by this section. The Director, in
consultation with the Public Works Director, shall have the authority to
approve, approve with conditions, or deny any application for the
deployment or modification of a small wireless facility.
(2) Each Applicant for a Small Wireless Facility Permit pursuant to this section
proposed for location in or on any public right -of-way within the City shall
also submit an application for an Encroachment Permit pursuant to the
provisions of Chapter 12.04 (Streets and Sidewalks) of this Code. The
application for an Encroachment Permit shall be processed, reviewed, and
approved concurrently with the application for a Small Wireless Facility
Permit pursuant to the provisions of this section.
(3) An administrative approval granted under this section shall not confer any
exclusive right, privilege, license, or franchise to occupy or use the public
right-of-way of the City for delivery of telecommunication services of any
kind or for any other purposes.
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(4) All required approvals under this section shall be processed in conformance
with the time periods established by applicable state and federal law, and
FCC regulations and orders.
(5) Upon a showing by the Applicant that any requirement in this section would
prohibit or have the effect of prohibiting the provision of personal wireless
service through the wireless service provider's deployment of small
wireless facilities, the Director shall have the authority to modify or waive
such requirement.
(f) Application content. Each Applicant for a Small Wireless Facility Permit shall file a
written, signed, and verified application on such form as the Director may
prescribe, and shall provide the information, documents, and fees specified in this
subsection:
(1) Full name and contact information of the small wireless facility owner, small
wireless facility operator, agent (if any), and property owner, and related
letter(s) of authorization from the small wireless facility and/or property
owner.
(2) A full written description of the proposed small wireless facility, including its
purpose, specifications, and placement of backup generator (if applicable).
(3) A detailed site plan or photo simulation of the small wireless facility
containing the exact proposed location of the small wireless facility, and any
existing wireless facilities within a five hundred (500) foot radius of the
proposed location.
(4) Photographs of all proposed small wireless facility equipment and an
accurate visual impact analysis with photo simulations, including
reasonable line-of-sight locations from public streets, nearby vicinity, or
other adjacent viewpoints as may be required by the Director, in
consultation with the Public Works Director, and a map that shows the photo
location of each view angle.
(5) Building elevations and roof plan (for building- and/or rooftop-mounted
small wireless facilities) indicating exact location and dimensions of
equipment proposed. For all other small wireless facilities not mounted to a
building or rooftop, indicate surrounding grades, structures, and
landscaping from all sides.
(6) Proposed landscaping and/or nonvegetative screening plan for all aspects
of the small wireless facility.
(7) Written documentation demonstrating that the proposed location complies
with all applicable aesthetic and development standards set forth in this
section and that the proposed small wireless facility will be screened to the
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greatest extent feasible in accordance with the design and development
standards listed within this section.
(8) If the application is for a small wireless facility that will be located within the
public right-of-way, the Applicant shall state the basis for its claimed right to
enter the right-of-way, and provide a copy of its certificate of public
convenience and necessity (CPCN), if a CPCN has been issued by the
California Public Utilities Commission.
(9) Evidence from the equipment manufacturer th at the ambient noise emitted
from all proposed equipment will not, both individually and cumulatively,
exceed the applicable noise limits as found in Division 3 (Noise Control) of
Chapter 8.12 (Environmental Protection) of this Code.
(10) Evidence that demonstrates that the small wireless facility’s antennas do
not exceed three (3) cubic feet in volume per antenna, and all other
equipment (antenna equipment and accessory equipment) does not
collectively exceed twenty-eight (28) cubic feet in volume.
(11) An application and processing fee in an amount consistent with FCC
regulations as established by a resolution by the City Council for the
estimated cost of the City, including staff time, and all other costs of
whatever type or variety, incurred for the processing, review, commenting
upon, evaluation, and consideration of the small wireless facility application.
(12) A radio-frequency (RF) exposure compliance report prepared and certified
by an electrical engineer licensed by the State of California that certifies that
the proposed small wireless facility, as well as any collocated facilities, will
comply with applicable federal RF exposure standards and exposure limits.
(g) Design and development standards for small wireless facilities.
(1) Small wireless facilities shall be located so as not to cause any physical or
visual obstruction to pedestrian or vehicular traffic, inconvenience to the
public's use of the public right-of-way, or create safety hazards to
pedestrians and motorists.
(2) Small wireless facilities shall not be located within any portion of the public
right-of-way interfering with access to fire hydrants, fire stations, water
valves, underground vaults, valve housing structures, utility lines or
facilities, or any other vital public health and safety facility.
(3) The Applicant shall use screening and camouflage design techniques in the
design and placement of small wireless facilities to ensure such facilities
are as visually inconspicuous as possible.
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(4) Small wireless facilities shall be sited at least five hundred (500) feet away
from other small wireless facilities to avoid an over-concentration of such
facilities, to preserve community aesthetics, and to avoid the creation of
potential hazards or inconvenience to the travelling public. Collocated small
wireless facilities on the same pole/structure are not required to meet this
minimum spacing standard with respect to one another.
(5) To preserve community aesthetics, all small wireless facilities, excluding
antennas and aboveground vents, shall be pole-mounted or placed
underground, flush to the finished grade, whenever there are no physical or
site constraints to make undergrounding infeasible, except as may be
determined by the Director, in consultation with the Public Works Director.
Infeasibility shall not be demonstrated by the mere cost to place the
equipment underground.
(6) If an Applicant proposes to replace a pole to accommodate the small
wireless facility, the replacement pole shall match the appearance of the
original pole, including height, width and silhouette to the extent feasible,
unless the Director, in consultation with the Public Works Director, finds that
another design accomplishes the objectives of this subsection.
(7) Small wireless facilities may incorporate reasonable and appropriate
security measures, such as fences, walls, and anti -climbing devices, to
prevent unauthorized access, theft, and vandalism. Security measures
must be designed to enhance concealment to the maximum extent feasible.
Security measures shall not include barbed wire, razor ribbon, electrified
fences or any similar security measures.
(8) Small wireless facilities shall not be installed on decorative poles, except as
may be determined by the Director, in consultation with the Public Works
Director.
(h) Installation and operation requirements for small wireless facilities.
(1) Small wireless facilities shall be operated in a manner so as to avoid any
significant adverse impacts caused by noise.
a. Backup generators shall only be operated during periods of power
outages, and shall not be tested on weekends or holidays, or between
the hours of 10:00 p.m. and 7:00 a.m.
b. At no time shall equipment noise from any small wireless facility exceed
the applicable noise levels as established in Division 3 (Noise Control)
of Chapter 8.12 (Environmental Protection) of this Code.
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(2) Small wireless facilities shall not bear any signs or advertising devices other
than certification, warning, or other signage required by law or permitted by
the City.
(3) Small wireless facility equipment shall not be illuminated unless specifically
required by the Federal Aviation Administration, the FCC, or other
governmental agency.
(4) Only pole-mounted small wireless facilities shall be permitted in the public
right-of-way. All poles shall be designed to be the minimum functional
height and width required to support the proposed small wireless facility
installation and meet FCC requirements.
(5) Pole-mounted equipment shall be designed to occupy the least amount of
space in the public right-of-way that is technically feasible.
(6) If a small wireless facility is sited on the exterior of a pole, equipment shall
not be installed in such a manner that would preclude possible future co-
location by the same or other operators.
(7) Each antenna associated with any deployment shall be no more than three
(3) cubic feet in volume. All other equipment associated with the small
wireless facility, including associated antenna equipment and accessory
equipment, shall be no more than twenty-eight (28) cubic feet in volume.
(8) Small wireless facilities must be mounted on structures fifty (50) feet or less
in height including their antenna, or mounted on structures no more than
ten (10) percent taller than other adjacent structures, or which do not extend
existing structures on which the small wireless facility is located to a height
of more than fifty (50) feet or by more than ten (10) percent, whichever is
greater.
(9) Small wireless facilities shall be maintained in good working order and
condition and shall be fully operable at all times. Each small wireless facility
shall be clean and free of general dirt and grease; chipped, faded, peeling,
and cracked paint; rust and corrosion; cracks, dents, and discoloration;
missing, discolored, or damaged artificial foliage or other camouflage;
graffiti, bills, stickers, advertisements, litter and debris; and damaged
structural parts.
(i) Conditions of approval for small wireless facilities. In addition to compliance with
the requirements of Section 22.42.135, approval of small wireless facilities shall
be subject to each of the following conditions of approval:
(1) In the event the deployment of a small wireless facility, as approved
pursuant to this section, requires a Building Permit under the provisions of
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this Code, all conditions and restrictions imposed on the Small Wireless
Facility Permit and Encroachment Permit approved pursuant to the
provisions of this section shall be incorporated in, and made a condition of
such Building Permit. All conditions shall be binding as to the Applicant and
all successors in interest to permittee. The permittee shall construct, install,
and operate the small wireless facility in strict compliance with all approved
permits.
(2) The permittee shall submit and maintain current at all times basic c ontact
and site information on a form as may be provided by the Director, in
consultation with the Public Works Director. The permittee shall notify the
Director of any changes to the information submitted within seven (7) days
of any change, including change of the name or corporate legal status of
the owner or operator. This information shall include, but is not limited to,
the following:
a. Identity, including the name, address and 24 -hour local or toll-free
contact phone number of the permittee, the owner, the operator, and the
agent or person responsible for the maintenance of the small wireless
facility.
b. The corporate legal status of the owner of the small wireless facility,
including official identification numbers and FCC certification.
c. Name, address, and telephone number of the property owner if different
than the permittee.
(3) The permittee shall not place any small wireless facility in a manner that will
deny access to, or otherwise interfere with, any public utility, easement, or
right-of-way located on the site. The permittee shall allow the City and utility
providers reasonable access to, and maintenance of, all utilities and existing
public improvements within or adjacent to the site, including, but not limited
to, pavement, trees, public utilities, lighting, and public signage.
(4) At all times, all required notices and signs shall be posted on the site as
required by the FCC and California Public Utilities Commission, and as
approved by the City. The location and dimensions of a sign bearing the
emergency contact name and telephone number shall be posted pursuant
to the approved plans.
(5) At all times, the permittee shall ensure that the small wireless facility
complies with the most current regulatory and operational stand ards,
including, but not limited to, radio-frequency emissions standards, adopted
by the FCC and antenna height standards adopted by the Federal Aviation
Administration.
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(6) The permittee shall assume full liability for damage or injury caused to any
property or person by the small wireless facility.
(7) The permittee shall agree to the following indemnity provision, as approved
by the City Attorney, which shall substantially read as follows: The permittee
shall agree to save, indemnify, and keep harmless the City and all its
officers, agents, employees, departments and agencies against all
liabilities, judgments, costs and expenses which may in any manner or form
accrue against the City or against any of its officers, agents, employees,
departments or agencies in consequence of the issuance or granting of a
Small Wireless Facility Permit or in consequence of the use or occupancy
of any sidewalk, street or other public place, or in any other wise by virtue
thereof, and will in all things strictly comply with the conditions of the Small
Wireless Facility Permit and with this Code, all ordinances, rules and
regulations of the City relating to the Small Wireless Facility Permit.
(8) All conditions of approval shall be binding as to the Applicant and all
successors in interest to the permittee.
(j) Additional conditions of approval for small wireless facilities in the public right -of-
way. In addition to the required approvals of Section 22.42.135, approval of small
wireless facilities in the public right-of-way shall be subject to the following
conditions of approval:
(1) The small wireless facility shall be subject to such conditions, changes or
limitations as are from time to time deemed necessary by the Director, in
consultation with the Public Works Director, for the purpose of:
a. Protecting the public health, safety, and welfare;
b. Preventing interference with pedestrian and vehicular traffic; and
c. Preventing damage to the public right-of-way or any property adjacent
to it.
(2) The permittee shall not move, alter, temporarily relocate, change, or
interfere with any existing structure, improvement, or property without the
prior written consent of the owner of that structure, improvement, or
property. No structure, improvement, or property owned by the City shall be
moved to accommodate a small wireless facility unless the Director, in
consultation with the Public Works Director, determines that such
movement will not adversely affect the City or any surrounding businesses
or residents, and the permittee pays all costs and expenses related to the
relocation of the City's structure, improvement, or property. Prior to
commencement of any work pursuant to an Encroachment Permit issued
for any small wireless facility within the public right-of-way, the permittee
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shall provide the City with documentation establishing to the City's
satisfaction that the permittee has the legal right to use or interfere with any
other structure, improvement, or property within the public right-of- way to
be affected by the permittee's small wireless facility.
(3) The permittee shall repair, at its sole cost and expense, any damage including,
but not limited to subsidence, cracking, erosion, collapse, weakening, or loss
of lateral support to City streets, sidewalks, curbs, gutters, trees, parkways,
slopes, street lights, traffic signals, improvements of any kind or nature, or utility
lines and systems, underground utility lines and systems, or sewer systems
and sewer lines that result from any activities performed in connection with the
installation or maintenance of a small wireless facility in the public right -of-way.
The permittee shall restore such areas, structures, and systems to the condition
in which they existed prior to the installation or maintenance that necessitated
the repairs. In the event the permittee fails to complete such repair within 15
calendar days stated on a written notice by the Public Works Director, or such
shorter timeframe as the Public Works Director may provide in the event of
health and safety issues, the Public Works Director shall cause such repair to
be completed at permittee's sole cost and expense.
(4) The permittee shall modify, remove, or relocate its small wireless facility, or
portion thereof, without cost or expense to the City, if and when made
necessary by:
a. Any public improvement project, including, but not limited to, the
construction, maintenance, or operation of any underground or
aboveground public infrastructure including but not limited to sewers,
storm drains, conduits, gas, water, electric or other utility systems, or
pipes owned by the City or any other public agency;
b. Any abandonment of any street, sidewalk, or other public facility; or
c. Any change of grade, alignment or width of any street, sidewa lk, or other
public facility.
(5) Any modification, removal, or relocation of the small wireless facility shall
be completed within one hundred eighty (180) days of written notification by
the Director, in consultation with the Public Works Director, unless
exigencies dictate a different period for removal or relocation. Modification
or relocation of the small wireless facility shall require submittal, review, and
approval of a permit amendment pursuant to this Code. The permittee shall
be entitled, on permittee's election, to either a pro-rata refund of fees paid
for the original permit or to a new permit, without additional fee, at a location
as close to the original location as the standards set forth in this Code allow.
In the event the small wireless facility is not modified, removed, or relocated
within said period of time, the City may cause the same to be done at the
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sole cost and expense of permittee. In the event of exigent circumstances,
as determined by the Director, in consultation with the Public Works
Director, the City may modify, remove, or relocate small wireless facilities
without prior notice to the permittee provided that the permittee is notified in
writing within a reasonable period thereafter.
(k) Abandonment or discontinuation of use.
(1) Small wireless facilities that have not provided wireless communication
services for a cumulative period of ninety (90) days in a one (1) year period
shall be considered abandoned and shall be removed promptly from the
premises no later than three (3) months after written notification is sent by
the Director to the operator of the small wireless facility and property owner.
Such removal shall be in accordance with proper health and safety
requirements and all ordinances, rules and regulations of the City. The
permittee shall send to the City a copy of the discontinuation notice required
by the California Public Utilities Commission or FCC at the time the notice
is sent to the regulatory agencies.
(2) Small wireless facilities that are abandoned but not removed within the
required three (3) month period from the date of notice shall be in violation
of this section, and the operators of the small wireless facility and the
owners of the property shall be subject to pena lties for violations under the
enforcement and penalties provisions of this Code. The City may remove
all abandoned small wireless facilities following the three (3) month removal
period at the operators' expense. Facilitie s removed by the City shall be
stored for no less than fifteen (15) days and thereafter disposed of as
permitted by law.
(l) Appeals. A decision of the Director pursuant to this section may be appealed by
the Applicant or permittee to the City Manager pursuant to Chapter 22.74
(Appeals) of this Code, and such appeal shall be reviewed and decided in
conformance with the time periods and procedures established by applicable state
and federal law, and FCC regulations and orders.
SECTION III. Section 22.74.030 (Appeals of Decisions) of Chapter 22.74
(Appeals) of Title 22 (Development Code) of the Diamond Bar Municipal Code is hereby
revised to read as follows (deletions in strikethrough; additions in bold/underline):
Determinations and actions that may be appealed, and the authority to act on an appeal
shall be as follows:
(1) Director and hearing officer appeals. A decision rendered by the director or
hearing officer may be appealed to the commission ; except that a decision
by the director pursuant to Section 22.42.135 related to small wireless
facilities may be appealed to the city manager; and
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(2) Commission appeals. A decision rendered by the commission may be
appealed to the council.
SECTION IV. Subsection (a) of Section 22.74.040 (Filing and Processing of
Appeals) of Chapter 22.74 (Appeals) of Title 22 (Development Code) of the Diamond Bar
Municipal Code is hereby revised to read as follows (deletions in strikethrough; additions
in bold/underline):
(a) Timing and form of appeal. Appeals shall be submitted in writing and filed with
the department or city clerk, as applicable, on a city application form, within
ten days after the date the decision is rendered by the director or the adoption
of the resolution by the hearing officer or commission. The a ppeal shall
specifically state the pertinent facts of the case and the basis for the appeal.
Appeals addressed to the commission or city manager shall be filed with the
department, while appeals addressed to the council shall be filed with the city
clerk. Appeals shall be accompanied by the filing fee set by the city's fee
resolution.
SECTION V. Table 4-1 (Review Authority) in Section 22.44.020 (Authority for Land
Use and Zoning Decisions) of Chapter 22.44 (Applications, Processing, and Fees) of Title
22 (Development Code) of the Diamond Bar Municipal Code is hereby amended to add
a new row for “Small Wireless Facility Permit”, to be placed in alphabetical order within
said Table, to read as follows (deletions in strikethrough; additions in bold/underline):
Type of Permit
or Decision
Director Hearing Officer Planning
Commission
City Council
Small
Wireless
Facility Permit
Final*
*A decision rendered by the director pursuant to Section 22.42.135 related to small
wireless facilities may be appealed to the city manager , whose decision shall be
final.
SECTION VI. Public Resources Code § 21065 defines "project" as "an activity
which may cause either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment." The proposed Ordinance does
not have the potential to result in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, as the Ordinance
does not call for any change in the existing environmental conditions within the City. The
proposed Ordinance merely updates existing City regulations to reflect the FCC’s new
laws governing the deployment of small wireless facilities, which are already permitted
uses within the City. Accordingly, the Ordinance is not a "project" subject to CEQA.
(Public Resources Code § 21065; CEQA Guidelines § 15378(a).)
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Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates existing
City regulations to reflect the FCC’s new laws governing the deployment of small wireless
facilities and does not authorize new programs or activities. The proposed Ordinance calls
for the continued operation of small wireless facilities involving no expansion of the
existing uses. As a result, the proposed Ordinance is exempt from CEQA pursuant to the
Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of
limited numbers of new, small facilities or structures; installation of small new equipment
and facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of new,
small wireless facilities on pre-existing or new small structures within the City, therefore,
the proposed Ordinance is exempt from CEQA pursuant to the Class 3 exemption.
SECTION VII. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each other section, clause, phrase, word or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, words or portions thereof be declared invalid or
unconstitutional.
SECTION VIII. The City Clerk shall attest and certify to the passage and adoption
of this Ordinance within 15 days after adoption, cause it to be published or posted in
accordance with California law, and it shall be effective 30 days after adoption pursuant
to Government Code Section 36937.
PASSED, APPROVED and ADOPTED this _____ day of _______, 2021.
THE CITY OF DIAMOND BAR:
__________________________
Nancy A. Lyons, Mayor
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ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 3rd day of August, 2021, and was duly adopted at a regular
meeting of the City Council of the City of Diamond Bar held on the ____ day of ______,
2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________
Kristina Santana, City Clerk
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 8.3
MEETING DATE: July 13, 2021
CASE/FILE NUMBER: Development Code Amendment Planning Case
No. PL2021-44
PROJECT LOCATION:
Citywide
APPLICATION REQUEST: To add a new section 22.42.135 and to amend
sections 22.42.130, 22.42.020, 22.74.030, and
22.74.040 of Title 22 of the Diamond Bar
Municipal Code (“Development Code”) to enact
regulations governing the development,
augmentation, and relocation of small wireless
facilities in accordance with state and federal
law.
APPLICANT:
STAFF RECOMMENDATION:
City of Diamond Bar Community Development
Department
Adopt the attached Resolution recommending
the City Council approve Development Code
Amendment Planning Case No. PL2021-44
The following report was prepared by Assistant City Attorney James Eggart.
SUMMARY:
The proposed amendments to the Development Code would enact separate regulations
governing the development, augmentation, and relocation of “small wireless facilities” in
the City consistent with federal law.
BACKGROUND:
On September 26, 2018, the Federal Communications Commission (“FCC”) adopted its
Declaratory Ruling, Third Report, and Order (“Order”) in the matter of “Accelerating
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment.”
The Order establishes a new category of “small wireless facilities” and limits and
preempts the ability of cities to regulate the deployment of small wireless facilities, both
inside and outside of the public right-of-way, and imposes strict processing
requirements that cities must adhere to for small wireless facility applications. These
requirements are in addition to preexisting federal requirements that prevent cities from
adopting regulations that “effectively prohibit” the provision of wireless service. The
Order is intended to facilitate the spread, growth, and accumulation of small wireless
facilities over a short period of time to ensure deployment of new 5G technology that the
FCC claims will enable increased competition in healthcare, Internet of Things
applications and lifesaving car technologies, among other things, and create jobs,
possibly increasing the U.S. economy by as much as $100 billion by speeding up the
deployment of small wireless facilities by only one year.
To fully comply with the FCC’s new regulations and to minimize any potential conflicts
with telecommunication service providers, the proposed Ordinance creates an
administrative permit review process for the deployment of small wireless facilities
located within the City.
ANALYSIS:
Adoption Process
Before the City Council adopts an ordinance to amend the Development Code, the
Planning Commission must first conduct a public hearing to consider the proposed
amendments. The Commission then forwards its recommendations via a resolution
advising the Council whether or not the proposed amendments should be adopted.
Summary of the FCC’s Order
The FCC’s Order establishes a new category of “small wireless facilities,” which are
defined as follows:
• They are mounted on structures 50 feet or less in height including their antennas,
or no more than 10 percent taller than other adjacent structures, or do not extend
existing structures on which they are located to a height of more than 50 feet or
by more than 10 percent, whichever is greater;
• Each antenna is no more than three (3) cubic feet in volume, excluding
associated antenna equipment;
• All equipment associated with the antenna and any pre -existing associated
equipment is no more than 28 cubic feet in volume; and
• The facilities do not expose people to radio frequency (RF) radiation in excess of
FCC standards.
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Under the FCC’s Order, local regulations of small wireless facilities concerning
aesthetics, undergrounding, and spacing must be reasonable, meaning technically
feasible and reasonably related to the harms created by unsightly deployments.
The Order also reduces the “shot clock” period allowable for cities to review, comment
upon, consider, and make a final determination on small wireless facility ap plications to
sixty (60) days for collocation on preexisting structures and ninety (90) days for new
builds.
Finally, the FCC’s Order further limits the extent to which cities may impose fees on
small wireless facility deployments, including fees for processing applications, the use of
the public right-of-way, and the privilege of attaching or using fixtures and structures in
the public right-of-way that are owned or controlled by the City. If the proposed
Ordinance is approved, Staff will recommend the City Council also adopt new fees for
small wireless facility deployments in line with the presumptively reasonable “safe
harbor” fee amounts that are established in the FCC’s Order.
Legal Challenges to FCC’s Order
Lawsuits were filed across the country by numerous local governments challenging
several components of the FCC’s Order and on August 12, 2020, the Ninth Circuit Court
of Appeals issued a ruling in the consolidated litigation clarifying the scope of local
government authority to regulate small cell facilities (City of Portland et al v. United
States et al, 969 F.3d 1020).
The Court upheld most of the FCC’s Order, including the FCC’s requirements limiting
fees charged by local governments for the deployment of small wireless facilities and
access to the public rights-of-way and the FCC’s requirements pertaining to the
shortened shot clock timeframes. The Court, however, vacated a requirement in the
Order that aesthetic regulations on small wireless facilities be no more burdensome
than those applied to other technologies.
The 1996 Telecommunications Act specifies that state and local governments “shall not
unreasonably discriminate among functionally equivalent services.” (47 U.S.C.
332(c)(7)(B)(i)(l).) By preempting only local regulations that “unreasonably discriminate,”
Congress sought to preserve local flexibility to treat facilities that create different
aesthetic concerns differently, even if those facilities provide functionally equivalent
services. The Ninth Circuit Court of Appeals found that the FCC’s Order exceeded the
“unreasonable discrimination” standard of the 1996 Telecommunications Act by
specifying that local aesthetic requirements placed on small cell facilities be “no more
burdensome” than other telecommunication technologies, and vacated this provision of
the Order. The result is that cities may impose aesthetic requirements specific to small
wireless facility deployments, as long as the requirements are technically feasible,
reasonably directed at remedying aesthetic harms, and do not unreasonably
discriminate between small wireless facilities and other wireless technologies.
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Development Code Amendment Planning Case No. PL2021-44
Page 4 of 6
The coalition of local governments and local government associations that initiated the
litigation — including the League of California Cities — joined a petition seeking review
of the Ninth Circuit’s decision by the United States Supreme Court. However, on
June 28, 2021, the United States Supreme Court denied the petition for review.
Current Enforcement
The City currently regulates all wireless telecommunication facilities pursuant to
Section 22.42.130 (Radio and television antennas and wireless telecommunications
antenna facilities) of the Development Code. The purpose of Section 22.42.130 is to
establish development standards and land use controls for the installation and
maintenance of radio and television antennas and wireless telecommunications antenna
facilities in the City; however, the Development Code has not been updated to reflect
the new legal requirements for the deployment of small wireless facilities, as set forth by
the FCC’s Order.
Proposed Development Code Amendments
Small wireless facilities are primarily installed within the public right-of-way and create
local concerns for traffic and pedestrian safety, aesthetics, protection and preservation
of public property, and the health, safety, and welfare of the general public. The
proposed Development Code amendments acknowledge the City’s need to provide for
the orderly, managed, and efficient deployment of small wireless facilities whi le
complying with the FCC’s Order.
The proposed Ordinance would exempt “small wireless facilities” from the requirements
set forth in Section 22.42.130 and enact a new Section 22.42.135 specifically governing
“small wireless facilities” as defined in the FCC’s Order. The new Section 22.42.135
would create an administrative permit review process for the deployment of small
wireless facilities located within the City. Specifically, a Small Wireless Facility Permit
will be required to locate or modify any small wireless facility on any property within the
City. The Community Development Director, in consultation with the Public Works
Director, will have the authority to approve, approve with conditions, or deny any
application for a Small Wireless Facility Permit. Small wireless facilities that seek
deployment within the public rights-of-way would also be required to obtain an
Encroachment Permit pursuant to the provisions of Chapter 12.04 (Streets and
Sidewalks) of the Municipal Code.
The proposed Ordinance establishes objective criteria with respect to small wireless
facilities by creating a permitting process, a list of submittal requirements, design and
development standards, installation and operation requirements, standard conditions of
approval, abandonment or discontinuation of use requirements, and an appeals
process. Lastly, minor amendments are also proposed to Section 22.74.030 (Appeals
of Decisions) and Section 22.74.040 (Filing and Processing of Appeals) to provide that
appeals of the Community Development Director’s decision on a small wireless facility
permit determination would be made to the City Manager, in order to ensure that the
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Development Code Amendment Planning Case No. PL2021-44
Page 5 of 6
City is able to comply with the short “shot clock” timeframes set forth in the FCC’s
Order.
ENVIRONMENTAL REVIEW:
Public Resources Code § 21065 defines "project" as "an activity which may cause either
a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment." The proposed Ordinance does not hav e the
potential to result in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment, as the Ordinance does not call
for any change in the existing environmental conditions within the City . The proposed
Ordinance merely updates existing City regulations to reflect the FCC’s new laws
governing the deployment of small wireless facilities, which are already permitted uses
within the City. Accordingly, the Ordinance is not a "project" subject to CEQA. (Public
Resources Code § 21065; CEQA Guidelines § 15378(a).)
Even if the Ordinance could be construed to be a project subject to CEQA, the
proposed Ordinance is exempt because the proposed Ordinance merely updates
existing City regulations to reflect the FCC’s new laws governing the deployment of
small wireless facilities and does not authorize new programs or activities. The
proposed Ordinance calls for the continued operation of small wireless facilities
involving no expansion of the existing uses. As a result, the proposed Ordinance is
exempt from CEQA pursuant to the Class 1 exemption.
Moreover, CEQA’s Class 3 Exemption applies to the construction and location of limited
numbers of new, small facilities or structures; installation of small new equipment and
facilities in small structures; and the conversion of existing small structures from one
use to another where only minor modifications are made in the exterior of the structure.
(CEQA Guidelines, § 15303.) The proposed Ordinance allows for the deployment of
new, small wireless facilities on pre-existing or new small structures within the City,
therefore, the proposed Ordinance is exempt from CEQA pursuant to the Class 3
exemption.
NOTICE OF PUBLIC HEARING:
Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on
July 2, 2021, in a 1/8 page display. Pursuant to Planning and Zoning Law Government
Code Section 65091(a)(4), if the number of property owners to whom a public hearing
notice would be mailed is greater than 1,000, a local agency may provide notice by
placing a display advertisement of at least 1/8 page in one newspaper of general
circulation. A copy of the public notice was also posted at the City’s designated
community posting sites.
PREPARED BY:
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Development Code Amendment Planning Case No. PL2021-44
Page 6 of 6
REVIEWED BY:
Attachments:
A. Draft Planning Commission Resolution No. 2021-XX (Recommending Approval
of Development Code Amendment)
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5.1.c
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PLANNING COMMISSIONPAGE 6JULY 13, 2021
cleaned up in a timely manner as this would not reflect positively on the business.
Dr. Kumar also explained that hospitals and sick animals generally do not
produce a lot of noise.
Chair/Rawlings closed the public hearing.
C/Wolfe moved, C/Barlas seconded, to approve Conditional Use Permit No.
PL2020-120, based on the Findings of Fact, and subject to the conditions of
approval as listed within the resolution. Motion carried by the following Roll Call
vote:
Barias, Mok, Wolfe, Chair/Rawlings
None
VC/Garg
COMMISSIONERS
COMMISSIONERS
AYES:
NOES:
ABSENT: COMMISSIONERS
Development Code Amendment PL2021-44 - Under the authority of Diamond
Bar Municipal Code (DBMC) Section 22.70, the City of Diamond Bar proposes to
amend the following sections of Title 22 of the DBMC (“Development Code") to
enact regulations governing the deployment, augmentation and relocation of
small wireless facilities in the City, in accordance with State and Federal law by
adding a new Section 22.42.135 and amending Sections 22.42.130, 22.44.020,
22.74.030 and 22.74.040.
8.3
CITYWIDEPROJECT ADDRESS:
City of Diamond Bar
Community Development Department
C/Wolfe commented that the staff report had detailed information and requested
to forgo staff's presentation if there are no public comments.
APPLICANT:
Chair/Rawiings opened the public hearing.
Chair/Rawlings closed the public hearing.
C/Wolfe moved, C/Barias seconded, to adopt a Resolution recommending City
Council approval of Development Code Amendment (Planning Case
No. PL2021-44). Motion carried by the following Roll Call vote:
Barias, Mok, Wolfe, Chair/Rawlings
None
VC/Garg
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
AYES:
NOES:
ABSENT:
5.1.d
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5.1.e
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Agenda #: 6.1
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING A REWARD OF UP TO $10,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF
THE PERSON(S) RESPONSIBLE FOR THE DEATH OF BRUCE
BODEL.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2021-37.
FINANCIAL IMPACT:
The $10,000 reward fund would be established from the Law Enforcement Reserve
Fund, which has a current estimated balance of $783,000.
BACKGROUND:
The Los Angeles County Sheriff's Department is actively investigating a July, 4 2021 hit-
and-run incident in the vicinity of Lycoming Street and Penarth Avenue that resulted in
the death of resident Bruce Bodel. California Government Code Section 53069.5 (a)
provides the City Council with the ability to offer a monetary reward for information that
leads to the apprehension of person(s) whose willful misconduct results in injury or
death to any person. Pursuant to this authority, the City Council may offer a reward for
information leading to the identification and arrest of the person(s) involved in the hit-
and-run accident referenced herein.
In the past, the City Council has authorized rewards for information resulting in the
arrest and conviction of suspects. In 2007 and 2016, $10,000 rewards were offered for
information leading to the arrest of persons who committed homicides. In 2003 a $5,000
reward was offered for the arrest of a person who committed a homicide. In 2008, a
$1,000 reward was offered for the arrest of a person that committed vandalism at
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Sycamore Canyon Park. The City Council has also established the ongoing Report for
Reward program, which offers rewards of up to $500 for information that leads to the
arrest of those accused of committing property crimes.
ANALYSIS:
Mayor Lyons has requested that the City Council consider the attached Resolution
establishing a one-time reward of up to $10,000 for information leading to the arrest and
conviction of the person(s) responsible for the death of Bruce Bodel, as confirmed by
the law enforcement investigating agency. It was the consensus of the City Council to
agendize the item for consideration. The one-time reward would be valid for up to one-
year from the date of the Resolution and would be payable upon the arrest and
conviction of the person(s) responsible.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.1.a Resolution No. 2021-37
6.1
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RESOLUTION NO. 2021-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING A REWARD OF UP TO $10,000 FOR
INFORMATION LEADING TO THE ARREST AND CONVICTION OF THE
PERSON(S) RESPONSIBLE FOR THE DEATH OF BRUCE BODEL
WHEREAS, the Los Angeles County Sheriff's Department is actively investigating
the July 2021 death of Bruce Bodel that resulted due to a hit-and-run traffic incident in the
vicinity of Lycoming Street and Penarth Avenue ; and
WHEREAS, California Government Code Section 53069.5 (a) provides the City
Council with the ability to offer a monetary reward for information that leads to the
apprehension of person(s) whose willful misconduct results in injury or death to any person;
and
WHEREAS, it is hoped that the establishment of a reward will provide the Los
Angeles County Sheriff's Department with information to assist in the active investigation,
with the ultimate goal to apprehend and convict the person(s) responsible for the death of
Mr. Bodel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Diamond Bar City Council hereby establishes a one-time $10,000
reward for information leading to the arrest and conviction of the person(s) responsible for
the July 2021 death of Bruce Bodel.
Section 2. This offer shall be in effect for a period of one year of adoption by the
Diamond Bar City Council.
Section 3. The City Clerk shall attest and certify to the passage and adoption of
this Resolution and enter it into the book of original resolutions, and it shall become effective
immediately upon its approval.
PASSED, APPROVED and ADOPTED this 3rd day of August, 2021.
THE CITY OF DIAMOND BAR
________________________
Nancy Lyons, Mayor
[Signatures continued on the following page]
6.1.a
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Resolution No. 2021-37
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 3rd day
of August, 2021, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
6.1.a
Packet Pg. 87
Agenda #: 6.2
Meeting Date: August 3, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: HEALTH OFFICER ORDER ON INDOOR FACE COVERING
REQUIREMENTS.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
That the City Council discuss and provide direction as deemed appropriate.
FINANCIAL IMPACT:
None.
BACKGROUND:
On July 16, 2021, the Los Angeles County Health Officer issued a revised Health Order
(Effective 11:59 pm Saturday July 17, 2021) requiring all persons to wear face
coverings, regardless of vaccination status, while in all indoor public settings and
businesses. This action was taken based on the rapid increase in new COVID -19
cases signifying increased community transmission of the virus from “Low” to
“Substantial” levels based on the Center for Disease Control (CDC) guidance. LA
County has seen, and continues to see, significant increases in daily new cases and
hospitalizations since the retirement of the State’s Blueprint for a Safer Economy on
June 15, 2021. The Order further indicates that in looking at other options, universal
indoor masking is the least disruptive and most effective measure to take while
increasing vaccination rates and is an important safety directive that can be
implemented without impacting normal business capacity and operations. A copy of the
Revised Health Officer Order is included in Attachment 2 (with revisions highlighted in
yellow).
At the July 20, 2021 City Council meeting, Council Member Tye requested that a vote of
no Ccnfidence in the LA County Health Department be agendized for consideration.
Alternatively, Mayor Lyons suggested that a letter expressing concerns over the revised
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Health Officer Orders be considered. It was the consensus of the Council to agendize
the matter for discussion.
On July 27, 2021, the CDC updated its guidance on face coverings recommending that
all persons, regardless of vaccination status, wear face coverings indoors in areas with
high COVID-19 transmission rates. On July 28, 2021, the State also updated its
guidance to recommend the same on indoor face coverings for all, regardless of
vaccination status.
DISCUSSION:
Since the July 20, 2021 City Council meeting, LA County has continued to see
significant increases in daily new cases and hospitalizations. Similar increases are
being experienced across the nation; now referred to as a “Summer Surge”. Health
Officials have indicated that the surge is being fueled by the presence of the more
contagious “Delta” variant. The majority of the new cases and hospitalizations continue
to be among those that are not vaccinated. However, there is clearly an increase in the
number of new cases from those that have been vaccinated. For those that are fully
vaccinated, the vaccine continues to be extremely effect ive in preventing serious illness,
hospitalization and death.
A draft letter to Los Angeles County Board of Supervisors Chair Hilda Solis has been
prepared for consideration, discussion and direction should the Council desire to take a
position related to the referenced Health Officer Order. A letter to the Board of
Supervisors may be the most effective approach for the City Council to express
concerns and seek change since the Health Officer Orders come from County
employees, not elected officials. Alternatively, the Council could decide to take no
action at this time and continue to monitor the changing conditions.
A new data page is now available that includes a variety of metrics since the reopening
on June 15, 2021 http://publichealth.lacounty.gov/media/Coronavirus/data/reopening -
dashboard.htm This includes cases, hospitalizations and deaths for persons
vaccinated, as well as % vaccinated and a 14-day cumulated new case rate per 100K in
populations by community.
As of July 20, 2021 (not including Long Beach or Pasadena):
• Post Vaccination Infections - 6,520 (Up 383% since June 1)
• Post Vaccination Hospitalizations – 287 (Up 131% since June 1)
• Post Vaccination Deaths – 30 (Up 67% since)
• Diamond Bar is showing 75% vaccinated (16+ that received at least 1 dose)
• Diamond Bar is showing an increase in the 14 -day cumulative case rate from 11
(June 5) to 40 (July 10) - Up 264%
For comparison purposes, the daily metrics of new cases, positivity rate and
hospitalizations would have placed LA County back in the Purple Tier 1 (Substantial)
under the State’s former Blueprint for a Safer Economy system. The Purple Tier
previously placed indoor occupancy limits o n retail establishments at 25% and
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restaurants for takeout and outdoor dining only, among numerous other public and
business sector limitation on occupancy, gatherings, and social distancing
requirements.
LEGAL REVIEW:
City Attorney has reviewed the draft letter as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 6.2.a Draft Letter on Face Coverings 08-03-2021
2. 6.2.b Safer Return Work Community 7-16-2021
6.2
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August 3, 2021
Honorable Hilda Solis
Chair of the Board of Supervisors
Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, CA 90012
RE: HEALTH OFFICER ORDER ON INDOOR FACE COVERINGS
Dear Chair Solis:
The City of Diamond Bar greatly appreciates everything that the Board of Supervisors and the
Health Department Staff have done over the past year-and-a-half regarding COVID-19. It has
been extremely challenging and we appreciate the many decisions and actions through the
Health Officer Orders and the administering of vaccinations to help keep our residents safe and
reduce the community spread.
It is respectfully requested that the Board revisit and reconsider the latest Health Officer Order
to reinstate the requirement to wear face coverings in-doors for all persons, regardless of
vaccination status. It has been made clear that in LA County and across the nation, the recent
increase in cases since the State “reopened” on June 15, 2021 is driven by those that are NOT
vaccinated. What is unclear is how the latest Health Officer Order will change that trend and
reduce community spread or make anyone safer.
We are at a point in this pandemic that a one-size-fits-all approach to mandates will no longer
work for the enormous geographic area of LA County with a population of over 10 million
persons. Solutions should be, and need to be, strategic, focused and be based on local
conditions. Available data provided by the Health Department, identifies vaccination rates and
current daily case rates by community. There is also information on outbreaks in certain
business sectors. All of this information is extremely helpful and can be used to help formulate
specific tactics to address those localized conditions. It seems reasonable that if specific
business sector protocols can be developed, then location-based protocols can also be
developed.
The latest Health Officer Order effectively punishes those that choose to get vaccinated, while
rewarding those that continue to remain unvaccinated. There has been no data made available
to date that would suggest how the latest mask requirement for all persons, regardless of
vaccination status, would further reduce the increase in hospitalizations or deaths related to
COVID-19 that we are currently experiencing.
6.2.a
Packet Pg. 91
Board of Supervisor Chair Hilda Solis
Face Covering Health Officer Order
August 3, 2021
Page 2
For communities with high vaccination rates and low new case rates, the choice of residents
and businesses to wear face coverings should remain a matter of personal choice.
Greater focus should also be made to hold those individuals that are not vaccinated
accountable to comply with the face covering requirements that were previously in place.
Encourage greater use and acceptance of the digital vaccine records to gain access at
businesses and large public events and gatherings. Greater efforts should also be made by
Health Officials to advocate that the FDA move more quickly in removing the Emergency
Authorization status of the vaccines. These efforts may prove helpful in encouraging more
persons to get vaccinated.
We appreciate everything that is being, and has been, done in efforts to curb this contagious
and deadly virus. If we expect people to trust in the science to keep them safe, then mandates
and strategies should also be based on that same science. Your consideration is greatly
appreciated.
Respectfully submitted,
Nancy A. Lyons
Mayor
CC: Board of Supervisors
City Council
City Manager
Dr. Barbara Ferrer, LA County, Director of Public Health
Dr. Muntu Davis, LA County, Health Officer
6.2.a
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 1 of 12
Substantial Transmission Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction Measures
Revised 7/16/2021
RESPONDING TOGETHER AT WORK AND IN THE COMMUNITY
BEYOND THE BLUEPRINT FOR A SAFER ECONOMY, SUBSTANTIAL TRANSMISSION
ENCOURAGING COVID-19 VACCINATION COVERAGE
WITH MODERATE RISK REDUCTION MEASURES
Issue Date: Friday, July 16, 2021
Effective as of 11:59pm on Saturday, July 17, 2021
Brief Highlights (Changes highlighted in yellow):
Requires face masks to be worn by all persons, regardless of vaccination status, while in
all indoor public settings and businesses.
Continues to urge everyone, especially those who are not or cannot be vaccinated against
COVID-19, to continue to exercise caution and good judgment as community transmission
of COVID-19 is rapidly increased from low to substantial transmission in one month.
Please read this Order carefully.
SUMMARY OF THE ORDER: Since June 15, 2021 and after the Blueprint for a Safer Economy,
community transmission of COVID-19 has rapidly increased from Low to Substantial in one
month. This Order modifies the prior health order, A Safer Return Together at Work and in the
Community, with regard to mask use. Based on rapidly increasing daily new cases of COVID-
19 cases to a level that indicates Substantial community transmission of the virus that causes
COVID-19 based on Centers for Disease Control and Prevention (CDC) indicators, this Order
reinstates masking by all, regardless of vaccination status, in effort to slow the increasing trends
in and level of transmission of COVID-19 currently being seen in Los Angeles County. In looking
at other options, universal indoor masking is the least disruptive and most effective measure to
take while increasing vaccination rates; this is an important safety directive that can be
implemented without impacting normal business capacity and operations.
This Order mainly aligns with the State Public Health Officer Order of June 11, 2021 and
continues to place certain safety requirements on individuals consistent with federal and state
rules. In addition, this Order now requires that all persons wear face masks while in indoor public
settings and businesses, with limited exceptions, as a precautionary measure with this level of
community transmission. The Order continues some requirements on businesses and
government entities, such as a general requirement to report positive cases in the workplace
and in schools, a requirement for signage, and a proof of vaccination or testing negative for
COVID-19 requirement to admit people to attend indoor mega-events largely consistent with
state rules. Also, this Order includes best practice recommendations to reduce COVID-19 risk,
but not requirements, for individuals, businesses, and government entities.
COVID-19 daily cases are now increasing and have more than quadrupled since June 15, 2021.
On July 15 alone, Los Angeles County reported 1,537 new cases an 83% increase over the
previous week. As of July 15, 2021, Los Angeles County is also reporting a 7-day daily average
case rate of 7.1cases per 100,000 people, with a 7-day lag. Further, the test positivity rate and
hospitalizations have also dramatically increased. This indicates a continued and substantial risk
of COVID-19 infection for those who are not or cannot be vaccinated against COVID-19.
Based upon federal CDC indicators and thresholds, this means that community transmission of
6.2.b
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 2 of 12
Substantial Transmission Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction Measures
Revised 7/16/2021
COVID-19 within the County of Los Angeles is now substantial, and highly likely to increase
during the coming days and weeks.
There are millions of people in Los Angeles County who are not yet vaccinated against COVID-
19, including children under 12 years old who are not currently eligible to be vaccinated. Most
COVID-19 infections are caused by people who have no or mild symptoms of infection. Variants
of the virus that may spread more easily or cause more severe illness remain present and have
increased in our County. In the absence of physical distancing requirements for the public and
capacity limits for indoor and outdoor settings, unvaccinated and partially vaccinated persons
are more likely to get infected and spread the virus, which is transmitted through the air and
concentrates in indoor settings. We have also seen surges in other parts of the country and the
world, increasingly impacting younger adults.
At this time, the current COVID-19 vaccines are effective at helping to reduce the risk of getting
and spreading the infection and also of getting seriously ill even if a fully vaccinated person gets
COVID-19, even against the current variants of the virus that causes COVID-19. Although no
vaccine is 100 percent effective at preventing illness in vaccinated people, the currently
authorized COVID-19 vaccines remain the best form of protection against COVID-19.
Vaccinations remain widely available to those 12 years and older. Everyone who is eligible,
including those who have recovered from a COVID-19 infection and people at risk for severe
illness with COVID-19 such as unvaccinated older adults and unvaccinated individuals with
health risks and members of their households are urged to get vaccinated against COVID-19
as soon as they can if they have not already done so. Those who are not fully vaccinated are
urged to adhere to both the required and recommended risk reduction measures.
We must remain vigilant against variants of the virus that causes COVID-19, especially given
high levels of transmission here and in other parts of the world and due to the possibility of a
new variant being identified for which the current COVID-19 vaccines may not be effective. It is,
therefore, prudent to require the reinstatement on an effective public health measure to reduce
transmission between people.
This Order is issued to help slow and improve the Substantial level of community transmission
of COVID-19 here in Los Angeles County.
primary intent is to reduce the transmission risk of COVID-19 in the County for
all, especially those who are not fully vaccinated, in the absence of other protective measures,
like physical distancing requirements and capacity limits.
This Order will be revised in the future, if needed, to reflect the State Executive Orders,
California Division of Occupational Safety and Health (better known as Cal/OSHA) worksite
requirements, and State Public Health Officer Orders and guidance. Should local COVID-19
conditions warrant, the Health Officer may, after consultation with the Board of Supervisors,
issue Orders that are more restrictive than those of the State Public Health Officer.
6.2.b
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 3 of 12
Substantial Transmission Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction Measures
Revised 7/16/2021
This Order is effective within the County of Los Angeles Public Health Jurisdiction, defined as
all cities and unincorporated areas within the County of Los Angeles, with the exception of the
cities of Long Beach and Pasadena that must follow their respective City Health Officer orders
and guidance. This Order is effective at 11:59pm on Saturday, July 17, 2021 and will continue
until further notice.
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND
SAFETY CODE SECTIONS 101040, 101085, AND 120175,
THE COUNTY OF LOS ANGELES HEALTH OFFICER ORDERS:
1. This Order supersedes the Health Officer's Prior Order.
2. This to continue to protect the community from COVID-19, in particular for
those who are not or cannot be fully vaccinated1 against COVID-19 in the County, in the
absence of other protective measures and to increase vaccination rates to reduce spread of
COVID-19 long-term, so that the whole community is safer and the COVID-19 pandemic can
come to an end.
threat and menace to public health, and a public nuisance, and is punishable by citation or
fine.
a) This Order does not supersede any stricter limitation imposed by a local public entity
within the County of Los Angeles Public Health Jurisdiction. The Order is consistent
with existing authority that local health jurisdictions may implement or continue more
that health conditions in that jurisdiction warrant such measures. Where a conflict
exists between this Order and any State public health order related to controlling the
spread of COVID-19 during this pandemic, the most restrictive provision controls,
unless the County of Los Angeles is subject to a court order requiring it to act on, or
enjoining it from enforcing, any part of this Order.
3. All persons living within the County of Los Angeles Public Health Jurisdiction should continue
to practice required and recommended COVID-19 infection control measures at all times and
when among other persons when in community, work, social or school settings, especially
when multiple unvaccinated persons from different households may be present and in close
contact with each other, especially when in indoor or crowded outdoor settings.
4. Face Masks. All individuals must follow the requirements included in both the requirements
of this Order and the Guidance for the Use of Face Coverings issued by the California
Department of Public Health.
a) These requirements are mainly aligned with recommendations issued by the Centers
for Disease Control & Prevention (CDC). They provide information about higher risk
settings where masks are required or recommended to prevent transmission to:
i. Persons with a higher risk of infection (e.g., unvaccinated or
immunocompromised persons),
1 against COVID-19 two weeks or more after they have received the second dose in a 2-dose series
(e.g., Pfizer-BioNTech or Moderna) or 2 weeks or more after they have received a single-dose vaccine (e.g., Johnson and Johnson
[J&J]/Janssen).
6.2.b
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 4 of 12
Substantial Transmission Encouraging COVID-19 Vaccination Coverage with Limited Risk Reduction Measures
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ii. Persons with prolonged, cumulative exposures (e.g., workers), or
iii. Persons whose vaccination status is unknown.
When people wear a mask correctly, they protect others as well as themselves.
Consistent and correct mask use is especially important indoors and outdoors when in
close contact with (less than six feet from) others who are not fully vaccinated against
COVID-19 or whose vaccination status is unknown.
b) Masks are required for everyone, regardless of COVID-19 vaccination status, in the
following settings:
i. On public transit (examples: airplanes, ships, ferries, trains, subways, buses,
taxis, and ride-shares)
ii. In transportation hubs (examples: airport, bus terminal, marina, train station,
seaport or other port, subway station, or any other area that provides
transportation),
iii. Indoors in K-12 schools, childcare and other youth settings. (Note: This may
change as updated State K-12 school guidance is forthcoming, pending
updates for K-12 operational guidance from the CDC.),
iv. Healthcare settings (including long term care facilities),
v. State and local correctional facilities and detention centers,
vi. Homeless shelters, emergency shelters, and cooling centers, and
vii. All indoor public settings, venues, gatherings, and businesses (examples:
offices, retail, restaurants, theaters, family entertainment centers, meetings,
and state and local government offices serving the public, among others.)
c) Recommendation: In indoor public and private settings where there is close contact
with other people who may not be fully vaccinated, individuals should consider
or a wearing a respirator (e.g., KN95 or N95). This is particularly important if an
individual is not fully vaccinated and is in an indoor or crowded outdoor setting.
d) Individuals, businesses, venue operators or hosts of public indoor settings must:
i. Require all patrons to wear masks for all indoor settings, regardless of their
vaccination status; and
ii. Post clearly visible and easy to read signage, with or without having an
employee present, at all entry points for indoor and outdoor settings to
communicate the masking requirements for patrons.
e) Special considerations are made for people with communication difficulties or certain
disabilities. Clear masks or cloth masks with a clear plastic panel that fit well are an
alternative type of mask for people who interact with: people who are deaf or hard of
hearing, children or students learning to read, people learning a new language, and
people with disabilities.
f) All businesses, venue operators or hosts must implement measures to clearly
communicate to non-employees the masking requirements on their premises.
6.2.b
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ORDER OF THE HEALTH OFFICER
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g) No person can be prevented from wearing a mask as a condition of participation in an
activity or entry into a business.
h) The categories of persons who are exempt from mask requirements remain
unchanged at this time and can be found at
http://publichealth.lacounty.gov/acd/ncorona2019/masks/#notwear . In workplaces,
certain employees may be exempt from wearing a mask when performing specific
tasks which cannot feasibly be performed while wearing a mask. This exception is
limited to the period of time in which such tasks are actually being performed.
Workers who cannot feasibly wear a mask while performing their work must be
tested for COVID-19 at least twice per week, unless the employer is provided proof
against COVID-19 or proof of recovery from
laboratory-confirmed COVID-19 within the past 90 days against COVID-19.
i) In workplaces, most employers and businesses are subject to the Cal/OSHA COVID-
19 Emergency Temporary Standards (ETS) and some to the Cal/OSHA Aerosol
Transmissible Diseases Standards, and should consult those regulations for
additional applicable requirements. The ETS allow local health jurisdictions to require
more protective mandates. This County Health Officer Order, which requires masking
of all individuals at indoors public settings and businesses, regardless of vaccination
status, is a such a mandate in Los Angeles County, and overrides the more permissive
ETS regarding employee2 masking.
j) All employers and businesses subject to Cal/OSHA must review and comply with the
active Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). As
approved and effective, the full text of the COVID-19 Prevention emergency standards
will be listed under Title 8, Subchapter 7, sections 3205-3205.4 of the California Code
of Regulations. All businesses or employers with independent contractors should also
review the State Labor Office webpage entitled,
, which discusses persons
hired as independent contractors, to ensure correct application of the ETS.
5. Mandatory Reporting by Businesses and Governmental Entities. Persons and
businesses within the County of Los Angeles Public Health Jurisdiction must continue to
follow the COVID-19 infection control protocols and guidance provided by the County
Department of Public Health regarding isolation of persons confirmed or suspected to be
infected with the virus that causes COVID-19 disease or quarantine of those exposed to and
at risk of infection from COVID-19. In instances where the County has not provided a specific
guidance or protocol, specific guidance or protocols established by the State Public Health
Officer shall control.
a) In the event that an owner, manager, or operator of any business knows of three (3)
or more cases of COVID-19 among their employees within a span of 14 days, the
employer must report this outbreak to the Department of Public Health at (888) 397-
3993 or (213) 240-7821, or online at www.redcap.link/covidreport.
2 Some independent contractors are considered as employees under the State Labor Code. For more details, check the California Department
Independent contractor versus employee webpage.
6.2.b
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ORDER OF THE HEALTH OFFICER
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b) In the event that an owner, manager, or operator of any business is informed that one
or more employees, assigned or contracted workers, or volunteers of the business
has tested positive for, or has symptoms consistent with COVID-19 (case), the
employer must have a protocol to require the case(s) to isolate themselves at home
and require the immediate self-quarantine of all employees that had a workplace
exposure to the case(s).
6. LACDPH Best Practice Guidance. All individuals and Businesses are strongly urged to
follow the LACDPH Best Practice Guidance, containing health and safety recommendations
for COVID-19.
7. At this time, people at risk for severe illness or death from COVID-19 such as unvaccinated
older adults and unvaccinated individuals with health risks and members of their household,
should defer participating in activities with other people outside their household where taking
protective measures, including wearing face masks and social distancing, may not occur or
will be difficult, especially indoors or in crowded spaces. For those who are not yet fully
vaccinated, staying home or choosing outdoor activities as much as possible with physical
distancing from other households whose vaccination status is unknown is the best way to
prevent the risk of COVID-19 transmission.
8. Encourage Activities that Can Occur Outdoors. All Businesses and governmental entities
are urged to consider moving operations or activities outdoors, where feasible and to the
extent allowed by local law and permitting requirements, because there is generally less risk
of COVID-19 transmission outdoors as opposed to indoors.
9. Ventilation Guidelines. All Businesses and governmental entities with indoor operations are
urged to review the Ventilation Guidelines and implement ventilation strategies for indoor
operations as feasible. See California Department of Public Health Interim Guidance for
Ventilation, Filtration and Air Quality in Indoor Environments for detailed information. Nothing
in this Order limits any ventilation requirements that apply to particular settings under federal,
state, or local law.
10. This Order does not supersede any stricter limitation imposed by a local public entity within
the County of Los Angeles Public Health Jurisdiction.
11. Sectors that Continue to Require Additional Risk Reduction Measures. The following
sectors serve persons and populations that have lower rates of vaccination or persons who
are not yet eligible to be vaccinated. As such, these sectors continue to require additional
risk reduction measures and must operate subject to the following conditions listed below
and those specified in the County sector-specific reopening protocol(s) located at
http://publichealth.lacounty.gov/media/Coronavirus/index.htm :
a) Day camps. Day camp owners and operators must implement and post the required Los
Angeles County Department of Public Health Reopening Protocol for Day Camps,
attached to this Order as Appendix K.
b) Schools (K-12) and School Districts. All public and private schools (K-12) and school
districts within the County of Los Angeles may open for in-person classes. Educational
6.2.b
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ORDER OF THE HEALTH OFFICER
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facilities serving students at any grade level must prepare, implement and post the
required Los Angeles County Department of Public Health Reopening Protocols for K-
12 Schools, attached to this Order as Appendix T1, and must follow the Protocol for
COVID-19 Exposure Management Plan in K-12 Schools, attached to this Order as
Appendix T2.
c) Mega Events (Outdoor and Indoor). Mega Events are characterized by large crowds
greater than 5,000 (indoors) and 10,000 (outdoors) attendees. Mega Events may have
either assigned or unassigned seating, and may be either general admission or gated,
ticketed and permitted events. These events are considered higher risk for COVID-19
transmission.
i. Indoor Mega Events: Indoor Mega Events (example: conventions/
conferences/ expos/ sporting events and concerts) where more than 5,000
people are in attendance, can reopen to the public. In addition to the general
public health recommendations, Indoor Mega Event operators must verify the
full vaccination status3 or pre-entry negative COVID-19 viral test4 result of all
attendees. Attendees must wear a face covering while indoors at an Indoor
Mega Event. Indoor Mega Event operators must prominently place information
on all communications, including reservation and ticketing systems, to ensure
guests are aware of the proof of pre-entry testing or full vaccination status,
including acceptable modes of verification, and masking requirements.
ii. Outdoor Mega Events: Outdoor Mega Events (example: music or food
festivals/car shows/large endurance events and marathons/ parades/ sporting
events and concerts) that attract crowds of over 10,000 persons, can reopen
to the public. In addition to the general public health recommendations, it is
strongly recommended that Outdoor Mega Event operators verify the full
vaccination status or pre-entry negative COVID-19 viral test result for all
attendees. All attendees who do not verify full vaccination status prior to entry
should be asked to wear face coverings. Attendees must follow California
Department of Public Health (CDPH) Guidance for Face Coverings. Outdoor
Mega Event operators must prominently place information on all
communications, including reservation and ticketing systems, to ensure guests
are aware that the State and County health officers strongly recommendations
that they be fully vaccinated against COVID-19, obtain a negative COVID-19
viral test prior to attending the event, and wear a face mask while in attendance.
All persons at the event or venue are required to wear face masks while in any
indoor setting, and in areas where 50% of the structure has adjacent
3 The following are acceptable as proof of full vaccination status: Vaccination card (which includes name of person vaccinated, type of COVID-
19 vaccine provided and date last dose administered) OR a photo of a vaccination card as a separate document OR a photo of the attendee's
vaccine card stored on a phone or electronic device OR documentation of the full vaccination against COVID-19 from a healthcare
provider. Businesses and venue operators may also utilize self-attestation at point of registration, during ticket purchase or on the day of the
event prior to entry into the venue.
4 Pre-entry negative testing is testing that must be conducted within 72 hours before event start time (both PCR and antigen are acceptable).
Results of the test must be available prior to entry into the event or venue. The following are acceptable as proof of a negative COVID-19 viral
test result: printed document (from the test provider or laboratory) OR an email or text message displayed on a phone from the test provider or
laboratory. The information should include person's name, type of test performed, and negative test result (date of test must be within prior 72
hours). Businesses and venue operators may also utilize self-attestation at point of registration, during ticket purchase or on the day of the event
prior to entry into the venue.
6.2.b
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ORDER OF THE HEALTH OFFICER
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impermeable walls, such as concourses and concession stands. Operators are
to make face masks available for all attendees.
iii. Additional Recommendations for Both Outdoor and Indoor Mega
Events: Mega Event operators are encouraged to follow these additional
recommendations:
1. Encourage everyone to get vaccinated when eligible.
2. Facilitate increased ventilation of indoor spaces (i.e., open all windows
and doors to increase natural air flow), following California Department
of Public Health Interim Guidance for Ventilation, Filtration and Air
Quality in Indoor Environments.
3. Encourage everyone to sign up for CA Notify as an added layer of
protection for themselves and the community to receive alerts when
they have been in close contact with someone who tests positive for
COVID-19.
4. Convey the risk of attending large crowded events where the vaccine
status of other attendees may be unknown to the individuals.
5. Convey the risk of attending large crowded events for populations that
may not currently be eligible for vaccination or may be
immunocompromised and whose vaccine protection may be incomplete.
6. Encourage all venues along any parade or event route to provide
outdoor spaces for eating/drinking/congregating to reduce the risk of
transmission in indoor settings.
d) Overnight Organized . An organized camp is a site with program
and facilities established for the primary purpose of providing an overnight outdoor group
living experience for recreational or other purposes for five days or more during one or
more seasons of the year. A Notice of Intent to Operate must be submitted by the Camp
operator to the Environmental Health Division Communityhealth@ph.lacounty.gov prior
to operation. The owner or operator of an Overnight Organized/
prepare, implement, and post the required Los Angeles County Public Health Protocols
, attached to this Order as Appendix K-1.
REASONS FOR THE ORDER
12. This Order is based upon the following determinations: continued evidence of sustained and
substantial community transmission of COVID-19 within the County; documented
asymptomatic transmission; scientific evidence and best practices regarding the most effective
approaches to slow the transmission of communicable diseases generally and COVID-19
specifically; evidence that millions of people in the County population continue to be at risk for
infection with serious health complications, including hospitalizations and death from COVID-
19, due to age, pre-existing health conditions, being unvaccinated or not eligible for
vaccination, and the increasing presence of more infectious variants of the virus that causes
COVID-19 and which have been shown to cause more severe disease being present in the
County; and further evidence that other County residents, including younger and otherwise
6.2.b
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ORDER OF THE HEALTH OFFICER
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healthy people, are also at risk for serious negative health outcomes and for transmitting the
virus to others. continue to reduce the risk of COVID-19 infection for
all, especially those who are not or cannot be fully vaccinated against COVID-19 in the County.
13. Existing community transmission of COVID-19 in Los Angeles County is increasing and
continues to present a substantial risk of infection and harm to the health of those who are
not or cannot be vaccinated against COVID-19. COVID-19 vaccinations are widely available
to those 12 years and older, but as of July 15, approximately 2.5 million people age 16 years
and older in our community have not received a COVID-19 vaccination and remain
susceptible to infection, in addition to the approximately 1.4 million children under the age of
12 years who are not currently eligible to receive a COVID-19 vaccination. New variants of
the virus that may spread more easily or cause more severe illness are increasingly present
in our county and remain a high risk for those who are not vaccinated against COVID-19 in
the absence of other community mitigation measures, like physical distancing requirements
and capacity limits, in indoor and outdoor settings As of, July 15, 2021, there have been at
least 1,262,578 cases of COVID-19 and 24,566 deaths reported in Los Angeles County.
Increased interactions among members of the public has resulted in an increased number of
daily new cases and rapidly increased 7-day average daily case rate of 7.1 cases per 100,000
people with a 7-day lag, indicating substantial community transmission, in the absence of
capacity limits and physical distancing requirements across sectors in both indoor and
outdoor settings. Making the risk of community transmission worse, some individuals who
contract the virus causing COVID-19 have no symptoms or have only mild symptoms, and
so are unaware that they carry the virus and are transmitting it to others. Because even
people without symptoms can transmit the virus, and because evidence shows the infection
is easily spread, preventing, limiting, and placing risk reduction measures on various types
of gatherings and other direct and indirect interpersonal interactions have been proven to
reduce the risk of transmitting the virus.
14. Epidemiologic evidence demonstrates that the rate of community transmission,
hospitalizations and testing positivity rates have all substantially increased since June 15,
2021. Although more than 10,712,037 vaccine doses have been administered and more than
5,067,109 residents ages 16 and older are fully vaccinated against COVID-19 in Los Angeles
County, the attendant risks to the public's health associated with COVID-19 still remain.
In line with the State Public Health Officer, the Health Officer will continue to monitor scientific
evidence and epidemiological data within the County.
15. The Health Officer will continue monitoring epidemiological data to assess the impact of lifting
restrictions and fully re-opening sectors. Those Indicators include, but are not limited to:
a) The number of new cases, hospitalizations, and deaths among residents in areas in the
lowest Healthy Places Index (HPI) quartile and by race/ethnicity.
b) The COVID-19 case rate.
c) The percentage of COVID-19 tests reported that are positive.
d) The availability of COVID-19 vaccines and the percentage of eligible County residents
vaccinated against COVID-19.
6.2.b
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ORDER OF THE HEALTH OFFICER
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Revised 7/16/2021
e) The number of fully vaccinated people who get sick, are hospitalized, or die from
COVID-19.
ADDITIONAL TERMS
16.The County shall promptly provide copies of this Order by: (a) posting it on the
(www.publichealth.lacounty.gov), (b)
posting it at the Kenneth Hahn Hall of Administration located at 500 West Temple Street, Los
Angeles, CA 90012, (c) providing it to any member of the public requesting a copy, and (d)
issuing a press release to publicize the Order throughout the County.
a) The owner, manager, or operator of any facility that is likely to be impacted by this Order
is strongly encouraged to post a copy of this Order onsite and to provide a copy to any
member of the public requesting a copy.
b) Because guidance may change, the owner, manager, or operator of any facility that is
subject to this Order is ordered to consult the Los Angeles County Department of Public
www.publichealth.lacounty.gov) daily to identify any modifications to the
Order and is required to comply with any updates until the Order is terminated.
17.If any subsection, sentence, clause, phrase, or word of this Order or any application of it to
any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a
decision of a court of competent jurisdiction, then such decision will not affect the validity of
the remaining portions or applications of this Order.
18.This Order incorporates by reference, the March 4, 2020 Proclamation of a State of
Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local
and public health emergency issued by the Los Angeles County Board of Supervisors and
Los Angeles County Health Officer, respectively, and as they may be supplemented.
19.This Order is issued in consideration of California's Beyond the Blueprint for Industry and
Business Sectors issued May 21, 2021, and subsequent updates. This Order may be revised
in the future as the State Public Health Officer amends its guidance to reflect evolving public
health conditions and recommendations issued by the federal CDC and other public health
authorities. Should local COVID-19 conditions warrant, the Health Officer may, after
consultation with the Board of Supervisors, issue orders that are more restrictive than the
guidance and orders issued by the State Public Health Officer.
20.der N-60-20 and
the State Public Health
implement or continue more restrictive public health measures in the jurisdiction if the local
health officer believes conditions in that jurisdiction warrant them. Where a conflict exists
between this Order and any state public health order related to controlling the spread of
COVID-19 during this pandemic, the most restrictive provision controls. Consistent with
California Health and Safety Code section 131080, except where the State Health Officer may
issue an order expressly directed at this Order or a provision of this Order and based upon a
finding that a provision of this Order constitutes a menace to the public health, any more
6.2.b
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COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
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restrictive measures in this Order may continue to apply and control in the County of Los
Angeles Public Health Jurisdiction.
21.Pursuant to Sections 26602 and 41601 of the California Government Code and Section
101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff
and all chiefs of police in all cities located in the Los Angeles County Public Health Jurisdiction
ensure compliance with and enforcement of this Order. The violation of any provision of this
Order constitutes an imminent threat and menace to public health, constitutes a public
nuisance, and is punishable by fine, imprisonment or both.
22.This Order is issued pursuant to Health and Safety Code sections 101040, 120175, and
120295.
23.This Order shall become effective at 11:59pm on Saturday, July 17, 2021 and will continue to
be until it is revised, rescinded, superseded, or amended in writing by the Health Officer.
IT IS SO ORDERED:
7/16/2021
Muntu Davis, M.D., M.P.H.
Health Officer,
County of Los Angeles
Issue Date
6.2.b
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ORDER OF THE HEALTH OFFICER
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Appendices At-A-Glance
Businesses and customers should continue reviewing best practice documents and
sector-specific protocol for designated areas on a regular basis to ensure they are
complying with the latest health protection and prevention measures.
All DPH protocol and best practice documents are available at:
http://publichealth.lacounty.gov/media/Coronavirus/index.htm
Appendix K:Reopening Protocol for Day Camps [Revised 6/23/2021]
Appendix K-1:Reopening Protocol for Overnight Organized/
[Revised 6/14/2021]
Appendix T1:Reopening Protocols for K-12 Schools [Revised 7/1/2021]
Appendix T2:Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised
7/2/2021]
6.2.b
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1
Kristina Santana
From:George <dmillerrat@aol.com>
Sent:Saturday, July 31, 2021 9:39 AM
To:Kristina Santana
Subject:"For Public Comment-8/3"
Attachments:BeePresentationCityCouncil.pdf
CAUTION: This message originated outside of our City of Diamond Bar network.
Please submit this presentation for the city council meeting on 8/3. I plan to speak at the meeting that night
Thank you!
George Davidson
909-973-3429
BEES NEED OUR HELP!
1
According to the Bee Informed Partnership's latest survey,
U.S. beekeepers lost 45.5% of their honeybee colonies last year —
the second greatest reported one year loss since the partnership started its surveys 15 years ago. 10-year average losses are now up to 39.4% overall.
There are several factors that have contributed to the population struggles that bees are experiencing currently including:
1.Climate change-Plants are blooming earlier and earlier and the traditional pollinating cycles are becoming less in sync with the blooms.
2.Pesticides-Insecticides, fungicides, rodenticides and herbicides are all types of pesticides. Neonicotinoids are found in many of these and are deadly to bees. Currently, the larger efforts to reduce neonicotinoids rest in the hands of government officials.
3.Parasites, viruses and bacterial diseases-Varroa Mites, Hive Beetles, Wax moths, Foulbrood, chalkbrood, and other issues
4.Exterminators and unethical bee removal practices are another leading cause for the decline in the bee population. Many people with hives on their property rely on bee removal processes that simply kill the bees and destroy the hive.
5.Africanization-They are more prolific than Western Honeybees, and we can’t stop them from coming, but we can help to mitigate them
CLIMATE CHANGE
o As global temperatures rise, North American
and European honeybee ranges are getting smaller.
In their southernmost habitats, bees are dying from
high heat and have lost 200 miles of their livable
range.
▪According to recent research, bees likely won't be able to adapt to a
changing climate by shifting their habitat range
▪Many scientists are concerned about bees mistiming their spring
emergence, arriving on the scene long after the plants are ready to
be pollinated.
▪As the climate shifts into higher temperatures, it is extraordinarily
likely that bees will face even greater threats from these unwelcome
critters, which can cause Colony Collapse and wipe out entire hives.2
PARASITES, PESTS, DISEASE AND MORE
▪VARROA MITES
▪TRACHEAL MITES
▪SMALL HIVE BEETLES
▪WAX MOTHS
▪AMERICAN FOULBROOD
▪EUROPEAN FOUBROOD
▪NOSEMA
▪CHALKBROOD
▪POLLINATION SERVICES
▪CHEMICAL TREATMENTS
▪COLONY COLLAPSE DISORDER!!
▪Steinhauer says Varroa mites are the "number one concern" around wintertime.
They've become harder to control, she says, because some of the tools that
beekeepers have been using —chemical strips that attract and kill mites,
essential oils and organic acids —are losing their efficacy.
3
PESTICIDES (NEONICATANOIDS)
Williamson-Dickie Mfg. Co. | Strictly Confidential 4
A)Whenever possible, look for
natural solutions to your pest
problems
A)I.E.Cooking oil in
freestanding water will kill
mosquito larvae instead of
poisons
SOME HELPFUL ADVICE!!
B)Try to use bee-safe pesticides
when you have to use them.
C)NEVER use the treatment on
blooming plants
D)Apply treatments at sundown
EXTERMINATORS
5
ONLY 25% OF
SWARMS SURVIVE
PEOPLE FEAR
BEES, AND THEY
OFTEN
EXTERMINATE
THEM WITHOUT
CONSIDERING
RELOCATING
BEES REST
SEVERAL TIMES
ON THEIR
JOURNEY
BEES GROW
POPULATION BY
SWARMING
AFRICANIZED BEES
▪ALMOST ALL BEES IN THE US HAVE SOME DEGREE OF AFRICANIZATION
▪LOCAL BEES ARE BECOMING MORE AFRICANIZED EVERYDAY!!
▪AFRICANIZED BEES ARE MORE PROLIFIC
▪MORE DEFENSIVE
▪APPEAR TO BE MORE RESISTANT TO DISEASE
▪BETTER AT GROOMING
▪AFRICANIZED BEES DEFEND LARGER AREAS
▪MUCH HARDER TO REQUEEN
▪CAN’T STOP IT BUT CAN HELP MITIGATE IT
6
The Africanized bee is a hybrid species of the Western honeybee. These bees were
established when bees from southern Africa and local Brazilian honeybees mated.
The first Africanized bees in the United States were discovered in 1985 at an oil field
in California. Then, in 1990, the first permanent Africanized bee colonies arrived in
Texas from Mexico. Today, Africanized honeybees are found in southern California,
southern Nevada, Arizona, Texas, New Mexico, Oklahoma, western Louisiana,
southern Arkansas, and central and southern Florida.
Africanized honeybees can be dangerous stinging insects that have been known to
chase people for more than a quarter of a mile once they get excited and defensive.
This is why they earned the nickname “killer bee.”
DIAMOND BAR BEE POPULATION CONTROL
The reality is that the AFRICANIZED bees are continuing to thrive, and their
populations are going to continue to grow in SOUTHERN CALIFORNIA. We
can see in the news on a regular basis that more and more incidents are
occurring. UNFORTUNATELY,WE CANNOT STOP THEM FROM MIGRATING
IN OUR AREA AND IT IS ONLY GETTING WORSE!
But DIAMOND BAR has a few unique things that will allow us to CONTROL
the populations of AFRICANIZED BEES much better and MAKE OUR CITY
SAFER FOR EVERYONE!!
1)Male bees (Called drones) congregate in areas waiting for virgin
queens to fertilize. (Queens with mate with 15-20 drones)
2)The GENETIC MAKEUP of these male bees will directly impact the
genetics of the area’s overall bee population
3)Beekeepers control the genetic populations of their MANAGED bees by
requeening AFRICANIZED genetics with more docile genetics (A new
queen will produce 100% of the offspring in a hive in around 6-8 weeks-
eliminating the AFRICANIZED genetics altogether for that hive, without
killing any bees!!)
4)If an AFRICANIZED virgin queen flys into our airspace, and the majority
of the drones that are mating with her are of docile genetics, her
offspring will be more docile since 50% of the genetics comes from the
drones!!
DIAMOND BAR PROPOSED SOLUTION
THIS IS THE LONG BEACH APIARY
THIS STRUCTURE IS 8 FEET TALL,which makes it safe for anyone to view the bees
behind the screen (Bees fly up and out)
The BEE SANCTUARIES will be managed by BASC (Beekeepers Association of
Southern California)
DIAMOND BAR PROPOSED SOLUTION-CONT
9
▪APPROVE TWO BEE SANCUARIES APPROXIMATELY 5 MILES APART
(NORTH AND SOUTH ENDS OF TOWN (Bees fly 3-4 miles from their hive)
▪BASC will finance the building of these sanctuaries and provide insurance
▪BASC will put out baited SWARM TRAPS that will help catch migrating
bees into the area
▪BASC will offer at least 6 classes each year helping to safely educate
Diamond Bar residents that are interested
▪BASC will offer MENTORING for anyone interested in keeping bees,
assuring they are educated and that their bees are safe docile bees
▪BASC will help ANY Diamond Bar residents who have a bee problem that
contact us. We will assess their situation and offer affordable options to
resolve their unique situation
▪BASC will MANAGE the AFRICANIZATION of the bees in both sanctuaries
and if necessary,will take care of humanely removing the defensive bees
out of the Cities bee populations
▪
IN CONCLUSION
DIAMOND BAR has a unique situation with all of our OPEN SPACE to recognize the
trending AFRICANIZATION of the Southern California bee populations and with very
little effort, implement a PIONEERING strategy to help keep our residents SAFER!!
-BY CREATING two Bee Sanctuaries approximately 5 miles apart, we can help control
the overall genetics of the bees flying in and around our city
-BASC will manage these sanctuaries,and ensure that as many DOCILE Male DRONE
bees are constantly flying over our airspace, reducing the genetic AFRICANIZATION
of migrating feral bees
-BASC will set out baited SWARM TRAPS which will help catch migrating bees
coming into our City limits
-DB Residents that are interested will have the opportunity to have an amazing
experience in attending a class, or to be mentored by an experienced beekeeper in a
safe friendly environment
-DB Residents will benefit from having direct access to BASC members and get advice
on how to resolve any bee issue they may experience
-Diamond Bar has an opportunity to lead a pioneering movement to embrace and
control the AFRICANIZED bee populations that are continuing to migrate West into
our area. This effort is something that other cities can emulate and easily implement,
which will only continue to help keep everyone safe,while at the same time help
keep our bee populations growing!!
1
Kristina Santana
From:Christina Goode <cagoode@me.com>
Sent:Tuesday, August 3, 2021 1:12 PM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
CAUTION: This message originated outside of our City of Diamond Bar network.
To Whom It May Concern,
I am writing to speak against Mr. Tye’s vote of “no confidence” in the LA County Health Department and Mayor Lyons
suggestion of a letter expressing concerns over the revised Health Officer Orders. The LA County Health Department
have considered all the data and, with the input of their medical and science advisors, have determined that face masks
are necessary. As for the FDA moving away from EUA, that’s not something we as a city can even hope to influence.
Receiving full approval must follow procedure and protocol – failure to do so undermines the process of security and
safety of FDA approval. Even bringing these items up for discussion by the City Council will give more validity to the
people who are fighting against evidence-based decisions and are choosing to disregard the orders and indeed actively
harass others who do wear face masks.
I do respect both Mr Tye’s and Ms. Lyon’s opinions, however one cannot have opinions on facts. And the facts support
mask use to reduce the transmission of the Delta variant [1-5] as well as other variants that will come about because of
the mutations that can occur and spread in unvaccinated individuals [6]. I understand that the changing advice can be
confusing but the nature of science is that it DOES change and with analysis of these changes the advice will change. If
medical and science experts did not respond to changes in information, we would still be using morphine to calm babies,
prescribing thalidomide for morning sickness and performing surgeries with unsterilized equipment. The delta variant is
a mutation that is more transmissible than the original alpha (Kent) variant and recent evidence indicates that even in a
vaccinated individual the virus can be found in the nasal and throat passage, and pres ent in very large copies [7]. The R0
value of this variant of 8-9 and instead of 15 minutes exposure that was documented with original virus, it’s now 1
second of exposure that may result in an infection (CDC data). In Australia, there is documentation of transmission
between families in a quarantine hotel, where there was NO contact, just shared use of a hallway within 30 minutes of
each other.
We cannot take the approach that unvaccinated individuals make their choice because clearly children under 12 DO NOT
HAVE A CHOICE. Neither do vulnerable individuals who are immunocompromised or lack access and/or accurate
information. And now with delta, children are increasingly a larger portion of the COVID cases with a recent five-fold
increase in new Covid patients under 12 years old in LA County [8].
I urge city council members to recognize that the EXPERTS have determined that masks are necessary, and we MUST
trust their expertise. I don’t want a politician operating on me and I don’t want a politician deciding issues about my
health. Wearing a mask is not too much to ask of people who care for their fellow humans. If the city council is
concerned with the citizens of Diamond Bar they will not follow through with this vote and letter. Instead, they will
2
actively encourage mask wearing to protect the vulnerable members of our community and ultimately to stall the
transmission and allow for recovery.
Respectfully yours,
Christina A. Goode
PhD, Biochemistry
Associate Dean, Graduate College of Biomedical Sciences
Professor of Biochemistry, Western University of Health Sciences
Professor Emeritus, California State University Fullerton.
LITERATURE CITED
1. https://www.nature.com/articles/d41586-020-02801-8?fbclid=IwAR2MxVkAMBJX90iGBdqG-
RdCyTI9ZByYA6iCl1nP8XDfcNqjTWG5PKnebuY
2.
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.pnas.org%2fcontent%2f118%2f4%2fe2014564118%3ffbcli
d%3dIwAR18ZhLU0MJw7e42b2zidwfuqlcd0vMAwzlnWeVj84fHNcZsl3STVf3pU4Q&c=E,1,1Nzd7DE3kxTuBhGZAitqo_EWG
Qb9AE8Nb1aamA7LgFyAXPCMSfa4gcqWW95bfUsrN7bVX2_d2ejrSPanY9y8VslSJzemRjzTKTY84cSCV3Daypv8u0_r--
s,&typo=1
3. https://www.epa.gov/sciencematters/epa-researchers-test-effectiveness-face-masks-disinfection-methods-against-
covid-19
4.
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fjamanetwork.com%2fjournals%2fjama%2ffullarticle%2f2776536
%3ffbclid%3dIwAR1g-IpPTxrwwLL_3H1uuQh3vzaTifDdG-
ALOyJaOVthc4F2qzOywv7c2SE&c=E,1,CSgaXpzEQdOXo_3qkN5KlRiGIE8szekmF-
Wri_RP4YSZeCdofC2gFObZPOBAuxrOH0RfjSY1YQNXsBXpMc7yMzqfNqV_UdOlsStFSV40KrSbp60JxwWI&typo=1
5. https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.mdpi.com%2f2673-
3986%2f2%2f2%2f16%3ffbclid%3dIwAR1ZGh3dRIuaXYm56IYgX4Wk5oX38337jtdUh1Im5gfO9wHuETUlWgWUPvU&c=E,1
,jiyLOIbJvYnwL6Y9gllz9IA88mr9Iy45bAomJ78832jd_EYfujPNzBLg_1ISiGvyS3Y8WNsY4bcL3-TojDDLsGvz2bKAyH0-
SXTO7DDXnv4ZJPwfEMRlgPM,&typo=1
6. https://www.nature.com/articles/s41591-021-01413-7
3
7. https://www.cdc.gov/mmwr/volumes/70/wr/mm7031e2.htm?s_cid=mm7031e2_w
8. https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpublic.tableau.com%2fviews%2fCOVID-
19HospitalsDashboard%2fHospitals%3f%3aembed%3dy%26%3ashowVizHome%3dno&c=E,1,J6Sn4NMJ2musMb5lnWvu
OSSwojd5eTzbbe17RAniR503lbQPbAj-1UEMxEJ_Doo7mlmkIeSECmyUy1Bb7UVsQTjrexOXZgx5K-4OZA0WRgyEBYanxl-
Jlw,,&typo=1
1
Kristina Santana
From:Adrienne Cotterell <alcqa@verizon.net>
Sent:Tuesday, August 3, 2021 1:31 PM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
Attachments:Public Comment Letter for Aug 3 City Council Meetings.docx
CAUTION: This message originated outside of our City of Diamond Bar network.
These comments are public comment for today's, Tuesday, August 3, 2021, City Council Meeting.
I have embedded them in this email, and also provided an attachment for your convenience. Thank
you.
To: Diamond Bar City Council
August 3, 2021 City Council Meeting
PUBLIC COMMENT
From: Adrienne Cotterell, Diamond Bar Resident
I submit these comments regarding the proposed letter to Hilda Solis, Chair of the Board of
Supervisors, LA County.
Members of the Diamond Bar City Council, specifically Steve Tye and Mayor Nancy Lyons, seem to
think they know more than trained epidemiologists and public health professionals about what is
needed to curb the recent surge in COVID-19 cases fueled by the Delta variant. A letter complaining
about resumption of requirements to wear masks is not only ill-advised and ignorant of science, it is
embarrassing, as I believe most Diamond Bar residents support doing all we can to prevent the
spread of the virus, to protect our children under twelve who cannot be vaccinated and our
immunocompromised residents who cannot mount an immune defense despite being vaccinated or
who are unable to be vaccinated, and to prevent further mutation of the virus to even more virulent
forms.
There are published data on the effectiveness of mask wearing, in direct opposition to statements in
this letter. And, as recent data gathered by the CDC has made abundantly clear, vaccinated people
can harbor large amounts off the virus in their noses and spread the virus.
Mask wearing is not difficult. I expect our community leaders to do everything in their power to
protect the well-being of residents, to support our public health professionals, and to not spread
misinformation. And certainly not to pander to those who spread false information about what is
needed.
None of us are happy about the virus, but we cannot make believe that it isn’t still here causing death
and long -lasting morbidity. Many DB residents have died from this virus, or have had family, friends
and relatives hospitalized or living with the ill effects of long Covid. This letter is an affront to their
suffering and to the majority of residents who do not wish these things to happen to their loved ones,
themselves or the wider community.
Instead of expending energy fighting mask wearing and the authority of our health professionals, our
city officials should contemplate ways to encourage the unvaccinated to get vaccinated. As of today,
August 3, 2021, nearly 77% of Diamond Bar residents over the age of 16 have received at least one
2
dose of the vaccine and 85% of our children aged 12-17 are vaccinated. It should be made policy
that all City Hall employees and contractors, new and continuing, be vaccinated as a condition of
employment. I believe we should also explore requiring vaccination to participate in community
indoor activities. At the very least, there should be outreach to the unvaccinated, enlisting the help of
community foundations and religious leaders.
The proposed letter should not be sent. And when it comes time to vote for City Council members, I
will remember that Steve Tye and Nancy Lyons prefer political posturing and pandering over true
leadership.
Adrienne Cotterell
To: Diamond Bar City Council
August 3, 2021 City Council Meeting
PUBLIC COMMENT
From: Adrienne Cotterell, Diamond Bar Resident
I submit these comments regarding the proposed letter to Hilda Solis, Chair of the Board of Supervisors,
LA County.
Members of the Diamond Bar City Council, specifically Steve Tye and Mayor Nancy Lyons, seem to think
they know more than trained epidemiologists and public health professionals about what is needed to
curb the recent surge in COVID‐19 cases fueled by the Delta variant. A letter complaining about
resumption of requirements to wear masks is not only ill‐advised and ignorant of science, it is
embarrassing, as I believe most Diamond Bar residents support doing all we can to prevent the spread of
the virus, to protect our children under twelve who cannot be vaccinated and our immunocompromised
residents who cannot mount an immune defense despite being vaccinated or who are unable to be
vaccinated, and to prevent further mutation of the virus to even more virulent forms.
There are published data on the effectiveness of mask wearing, in direct opposition to statements in this
letter. And, as recent data gathered by the CDC has made abundantly clear, vaccinated people can
harbor large amounts off the virus in their noses and spread the virus.
Mask wearing is not difficult. I expect our community leaders to do everything in their power to protect
the well‐being of residents, to support our public health professionals, and to not spread
misinformation. And certainly not to pander to those who spread false information about what is
needed.
None of us are happy about the virus, but we cannot make believe that it isn’t still here causing death
and long ‐lasting morbidity. Many DB residents have died from this virus, or have had family, friends
and relatives hospitalized or living with the ill effects of long Covid. This letter is an affront to their
suffering and to the majority of residents who do not wish these things to happen to their loved ones,
themselves or the wider community.
Instead of expending energy fighting mask wearing and the authority of our health professionals, our
city officials should contemplate ways to encourage the unvaccinated to get vaccinated. As of today,
August 3, 2021, nearly 77% of Diamond Bar residents over the age of 16 have received at least one dose
of the vaccine and 85% of our children aged 12‐17 are vaccinated. It should be made policy that all City
Hall employees and contractors, new and continuing, be vaccinated as a condition of employment. I
believe we should also explore requiring vaccination to participate in community indoor activities. At
the very least, there should be outreach to the unvaccinated, enlisting the help of community
foundations and religious leaders.
This proposed letter should not be sent. And when it comes time to vote for City Council members, I will
remember that Steve Tye and Nancy Lyons prefer political posturing and pandering over true leadership.
1
Kristina Santana
From:Doug Barcon <dougbarcon@gmail.com>
Sent:Tuesday, August 3, 2021 2:39 PM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT
CAUTION: This message originated outside of our City of Diamond Bar network.
Hi Kristina.
Below is my public comment on City Council Agenda Item 6.2. Please note that the email I sent last week to Dan Fox was
directed to him as city manager and was not to be a public comment by me. If you have it as part of the public
comments, please remove it. The following is my public comment on agenda item 6.2:
In reference to Item 6.2 on the City Council Meeting agenda regarding the L.A. County health officer order of July 16,
2021, on indoor face coverings and risk reduction of the highly transmissible SARS-CoV-2 Delta variant, this item is ill-
conceived and should be tabled or removed from the agenda for consideration by the city council. The content of Item
6.2 is not in the best interest of the residents and businesses in Diamond Bar and the health and safety of Los Angeles
County residents, workers, and visitors. It shows a lack of understanding of public health, virus transmission, CDC
guidance, and the benefits of wearing masks, hand washing, and social distancing. A vote of no confidence in the Los
Angeles County Department of Public Health is not warranted.
The author of the letter to L.A. County Supervisor Hilda Solis; city staff; and those on the city council who supported the
approval of the content for Item 6.2 and moving it to a vote tonight fell into the trap of believing the false narratives and
misinformation in abundance on the Internet without fact-checking it.
The Delta variant of SARS-CoV-2 with its 1000 fold increase in viral load is as transmissible as Chickenpox and more
transmissible than Smallpox and Ebola. Measles spreads faster. While the death rate of the Delta variant may be low,
those who are unvaccinated are at greater risk of severe disease and hospitalization than those who are vaccinated, as
shown by the published data. Moreover, the long-term sequelae of the survivors of a COVID-19 infection will take years
to be fully known.
The combination of universal wearing of effective masks, mask layering per CDC guidance, receiving COVID-19
vaccinations, hand washing, disinfecting surfaces, social distancing, testing, and contact tracing is the best combination
of tools to protect individuals and the community from becoming infected with COVID-19. I urge the city not to mail the
letter to Supervisor Solis. Instead of approving Item 6.2, support the health order and vaccinations of everyone qualified
for the vaccines to help bring the pandemic to an end rather than being part of the problem.
Respectfully,
2
Dr. Douglas Barcon
Diamond Bar resident
1
Kristina Santana
From:Stacy Lee <shlee1024@gmail.com>
Sent:Tuesday, August 3, 2021 3:19 PM
To:Kristina Santana
Subject:FOR PUBLIC COMMENT Agenda item 6.2
CAUTION: This message originated outside of our City of Diamond Bar network.
Dear members of the Diamond Bar City Council,
I am writing to you today regarding Agenda item 6.2 HEALTH OFFICER ORDER ON INDOOR FACE COVERING
REQUIREMENTS.
As someone who was raised in Diamond Bar, a proud graduate of Diamond Bar public schools and now an advocate
who works in research and public policy, I am alarmed and embarrassed by the course o f events that lead to the drafting
of this letter to the LA County Board of Supervisors. The politicization of public health has directly contributed to the los s
of over 613,00 American lives, 87 such tragic losses in Diamond Bar alone. The incredible personal loss, trauma and
economic devastation our residents have endured over the past 18 months of this pandemic are not to be toyed with for
political theatre. Public health officers, including in LA County, have been threatened, belittled, harassed and some
driven to quit their positions due to the treatment they receive.
As leaders in this community, it is your job to help rally our community - TO COME TOGETHER - to take science, public
health and joint community efforts seriously so we can fight this virus successfully. It is a time for courage and
leadership and to do the right thing, which is not always the popular thing. We now know that the Delta variant is at
least 50% more transmissible, that vaccinated people DO transmit the virus but ARE protected by the vaccine. The
recent case study of the largely vaccinated population in Cape Cod Massachusetts led public health officers at the CDC to
pause and revisit their mask requirements for vaccinated people - as those previous recommendations were made
based on our understanding of the prior virus Alpha variant. While I'm glad to see the vaccine continues to mitigate
serious illness with the Delta variant, for those who have received it, we know that allowing the virus to spread allows
for it to continue to mutate, so in addition to protecting those who are not able to vaccinate, we must stop the spread.
In addition, it is frustrating that so many adults overlook the fact that the entire child population below age 12 are
unvaccinated and need and deserve our protection; our greatest responsibility is to protect our children and those who
are vulnerable. What this means is that in order to stop the spread, we need to wear masks. We learned this over and
over the past 18 months. Those denying the efficacy of masks are holding onto a small shred of a moment in the earliest
days of the pandemic that we have moved on from with mountains of data and evidence that clearly show masks work.
Doctors and health care workers have been wearing them 12+ hours a day this entire pandemic. We all want to live life
with less restrictions.We can live our lives if we use the knowledge available and do what works, when we learn
something new we adapt. We can do that right now if we ALL pull together and wear masks. YOU, the leaders of
Diamond Bar should be modeling this, not spreading doubt upon our tireless public health officers who work night and
day to keep us safe. Customer facing staff everywhere have dealt with hostile customers, threats, physical violence and
even shootings because aggressive, misinformed attitudes and doubt have been allowed to proliferate.
Please retract the letter to Supervisor Solis, and identify opportunities to use your position to elevate sound, evidence
based practices to stop this virus, support vaccination efforts, support our grieving and traumatized community
members who have experienced death or long term illness due to covid19 or other illnesses impacted by it, and support
our schools and businesses in being able to overcome the obstacles set forth by this once in a century, global crisis.
Sincerely,
2
Stacy Lee
Diamond Bar, CA
1
Kristina Santana
From:Cynthia Robin Smith <diamondbarbeautiful@gmail.com>
Sent:Tuesday, August 3, 2021 4:35 PM
To:Dan Fox
Cc:Kristina Santana
Subject:Public Comment, Aug. 3, 2021 Council Meeting
CAUTION: This message originated outside of our City of Diamond Bar network.
RE: Agenda Item 6.2 City Council Meeting Aug. 3, 2021
Dear Mr. Fox,
After reading the entire affair about city council members doubting and condemning Los Angeles County
Public Health officials and orders, which are based on the broader health authorities like the Center for
Disease Control, et al, I am disappointed.
I respectfully ask item 6.2 be removed from the meeting agenda.
While it is true, council members are entitled to their own personal opinions - it is not a good idea to allow
opinion or even, possible partisan bias (?), to lead over facts and science, when it comes to public health
safety.
Residents expect city leadership to agree with established science, and if in any doubt at all, to err on the side
of caution, to protect the health of the most vulnerable in our city. Residents want leadership prioritizing
public health safety
Three weeks ago, during a medical check-up at UCLA Health, my own doctor advised me to continue wearing a
mask, even when vaccinated - because the Delta variant could affect me and/or I could be a carrier, exposing
others to infection. UCLA Health system is ranked #1 in California and #3 in the nation.
I truly hope the City of Diamond Bar leadership will side with the best science and be an active part in reaching
public health objectives, that we are ALL responsible for.
Please read my comment at tonight's online meeting. Thank you.
Respectfully,
Robin Smith, DB Resident
Cynthia "Robin" Smith, Naturalist, Wildlife Habitat Restoration, Native Garden Design
Diamond Bar Is Beautiful Blog: www.diamondbarisbeautiful.com
California Native Trees, Landscapes; Wildlife Habitat Conservation
Diamond Bar - Pomona Valley Sierra Club, Angeles Chapter
A Public Benefit, Non-Profit Organization
Conejo Ridge Native Garden, Outdoor Classroom
324 S. Diamond Bar Blvd., #230
Diamond Bar CA 91765
2
909-861-9920 Desk 951-675-6760 Cell
1
Kristina Santana
From:K Bob <kbob411957@gmail.com>
Sent:Tuesday, August 3, 2021 5:00 PM
To:Kristina Santana
Subject:For Public Comment
Attachments:Public Comment.docx
CAUTION: This message originated outside of our City of Diamond Bar network.
Attached is my public comment
FILE FOLDERS
**Font sizes 18 and 14**
CENTRAL HEALTH
2020
CENTRAL HEALTH
2021
For Public Comment
My name is Mindy Farabee and I am a resident of Diamond Bar.
My comments today are in response to City Council person Steve Tye and Mayor Nancy
Lyons proposing Agenda item 6.2. According to the Agenda Packet pages 10 & 11 ‐
Steve Tye wants the City to consider a “no‐confidence” vote in the LA County Public
Health Department and Nancy Lyons says she finds the mask mandate very irritating. I
don’t have confidence that these council members are any sort of expert in public
health and I find it irritating that they would question the experience and knowledge of
those who are.
In the letter drafted by Mayor Lyons, she states “If we expect people to trust in the
science to keep them safe, then mandates and strategies should also be based on that
same science.” I’m not sure how she can say this when she is making this statement in a
letter saying she doesn’t trust the science of the public health officials.
Los Angeles County and its Public Health Director are following CDC and federal
guidelines and I believe they are doing their best to serve the public good for both
businesses and residents of the county as they have been doing all through the
pandemic. The informed public has learned that vaccinated individuals can spread the
Delta variant and that mask wearing, social distancing, and hand washing are all still
vitally important.
Tye’s and Lyons’ suggestion of this “no confidence” letter makes me wonder if they are
not well informed regarding virus public safety information and therefore should not be
representing our city and sending this letter as such OR if this is some partisan political
move that I have seen too many politicians make in the last year that does not appear to
be in the interest of public health.
I do not “like” wearing a mask, but I wear one whenever I patronize any Diamond Bar
business because I know that the people, businesses and the entire city will be a better
place to live and shop if everyone is healthy.
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