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HomeMy WebLinkAbout2024.02.20 Agenda Packet - Regular MeetingCity Council Agenda Tuesday, February 20, 2024 Study Session 5:30 PM Regular Meeting 6:30 PM South Coast Air Quality Management District/Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 How to Observe the Meeting From Home: The public can observe the meeting by calling +1 (631) 992-3221, Access Code: 449-753-960 OR visit: https://attendee.gotowebinar.com/register/1709368284005569376. How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to the City Clerk at cityclerk@DiamondBarCA.gov by 4:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members, noted for the record at the meeting and posted on the City’s official agenda webpage as soon as reasonably practicable (found here: http://diamondbarca.iqm2.com/Citizens/Default.aspx). The public may log into the meeting through this link: https://attendee.gotowebinar.com/register/1709368284005569376. 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. FEBRUARY 20, 2024 PAGE 2 ANDREW CHOU Council Member RUTH M. LOW Council Member STEVE TYE Council Member STAN LIU Mayor CHIA TENG Mayor Pro Tem City Manager Dan Fox • City Attorney Omar Sandoval • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. A person who disrupts the orderly conduct of the meeting after being warned by the Mayor or the Mayor’s designee that thei r behavior is disrupting the meeting, may result in the person 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 (on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47) and on the City’s website at www.diamondbarca.gov/agendas. 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/agendas General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/1709368284005569376 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 20, 2024 STUDY SESSION 5:30 p.m. CC-08 Heritage Park And Community Center Renovation Project Design Concepts, CIP# FP24502 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Rev. Florentino Cordova, Diamond Bar United Church of Christ ROLL CALL: Chou, Low, Tye, Mayor Pro Tem Teng, Mayor Liu APPROVAL OF AGENDA: Mayor FEBRUARY 20, 2024 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NONE. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Free Catalytic Converter Etching – February 21, 2024, 9:00-11:00 a.m., Calvary Chapel Golden Springs, 22324 Golden Springs Dr. 4.2 Coffee with a Cop – February 24, 2024, 8:00-10:00 a.m., GRID Coffee, 1139 S. Diamond Bar Blvd. Ste B. 4.3 Planning Commission Meeting – February 27, 2024, 6:30-8:00 p.m., online teleconference and City Hall Windmill Room, 21810 Copley Dr. 4.4 Public Safety Seminar – February 28, 2024, 6:00-7:30 p.m., Diamond Point Elementary School, 24150 Sunset Crossing Road. 4.5 City Council Meeting – March 5, 2024, 6:30 p.m., online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr. 5. 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. 5.1 CITY COUNCIL MINUTES OF THE FEBRUARY 6, 2024 REGULAR MEETING. 5.1.a February 6, 2024 City Council Regular Meeting Minutes Recommended Action: FEBRUARY 20, 2024 PAGE 3 Approve the February 6, 2024 Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED JANUARY 31, 2024 THROUGH FEBRUARY 13, 2024 TOTALING $910,652.56. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186. Recommended Action: Approve for second reading by title only, waive fu ll reading, and adopt Ordinance No. 01 (2024), entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.” Requested by: Community Development Department 5.4 LETTER OF OBJECTION AND APPLICATION TO PURCHASE TAX - DEFAULTED PROPERTY. Recommended Action: Approve and authorize the City Manager to sign and submit a Letter of Objection and Application to Purchase Tax-Defaulted Property. Requested by: City Manager 5.5 NOTICE OF COMPLETION FOR THE INTERNALLY ILLUMINATED STREET NAME SIGN & TRAFFIC SIGNAL SAFETY LIGHT REPLACEMENT PROJECT NO. TM23201. Recommended Action: Approve, and authorize the Director of Public Works/City Engineer to file the Notice of Completion. Requested by: Public Works Department FEBRUARY 20, 2024 PAGE 4 5.6 APPROVAL OF PLANS AND SPECIFICATIONS FOR THE AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; THE GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS PROJECT NO. PW23402; AND THE COLD SPRING LANE GROUNDWATER DRAINAGE IMPROVEMENTS PROJECT NO. SI24101. Recommended Action: A. Determine that approving the design and plans for the proposed projects is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines; and B. Adopt Resolution No. 2024-04 approving the design and plans for the Area 3 Residential & Collector Streets Rehabilitation and Arterial Street Rehabilitation (Golden Springs Drive from Grand Avenue to Avenida Rancheros, Grand Avenue from Diamond Bar Blvd. to City East Limits, collector streets within the Gateway Corporate Center) Project, the Grand Avenue Median Drainage Improvement Project, and the Cold Spring Lane Ground Water Drainage Improvement Project. Requested by: Public Works Department 6. PUBLIC HEARINGS: NONE. 7. COUNCIL CONSIDERATION: 7.1 FISCAL YEAR 2023-24 MID-YEAR BUDGET REVIEW. Recommended Action: A. Adopt Resolution No. 2024-05 amending the Fiscal Year 2023/24 Municipal Budget revenue estimates and appropriations; and, B. Adopt Resolution No. 2024-06 amending the City’s Fiscal Year 2023/24 Compensation Plan. Requested by: Finance Department 7.2 ADDITIONAL CITY COUNCIL RECOGNITION OPTIONS. Recommended Action: Discuss and provide direction as deemed appropriate. Requested by: City Manager FEBRUARY 20, 2024 PAGE 5 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 1 Meeting Date: February 20, 2024 CITY COUNCIL STUDY SESSION REPORT TO: Honorable Mayor and Members of the City Council VIA: Daniel Fox, City Manager FROM: Hal Ghafari, Public Works Manager/Asst. City Engineer TITLE: HERITAGE PARK AND COMMUNITY CENTER RENOVATION PROJECT DESIGN CONCEPTS, CIP# FP24502 In a study session on July 9, 2019, the City Council reviewed the design concept for the City’s Heritage Park and Community Center renovation and provided direction to staff. The design options were prepared based on the feedback received from the community at the time. On October 1, 2019, staff came back with a new option (Option 5), which incorporated the directions received from the City Council on the options presented in July 2019. Option 5 divided the renovation of the park and community center into three phases. Phase 1 focused on the community center building and the parking lot. Phase 2 generally covered the tot lot, picnic area, and basketball court. Phase 3 was the baseball field area. Option 5 concept as approved by the City Council is provided in Attachment 1. On October 3, 2023, the City Council approved a consulting services agreement with Black O'Dowd and Associates, Inc. (Consultant) to design the Heritage Park and Community Center Renovation Project Phases 1 and 2 (CIP# FP24502). The design work for these phases has since commenced and undergone several iterations with the staff. Phases 1 and 2 are focused on the community center building and the park area. As part of Phase 3 of the overall project, the ball field area is excluded from the current design effort and will be considered at a later time. Different options have been developed for the floor plan of the community center building, the park layout, and the façade/shade structure at the building entrances. A brief description of each option is provided below. The design options and themes are provided in Attachment 2. City Council feedback is requested at this time to identify preferred options and themes to be able to move forward in the final design process. 1 Packet Pg. 8 Community Center Building  Option A This option focuses on making less significant improvements to the existing floor plan of the facility while including other targeted enhancements such as updated plumbing and electrical systems, an upgraded audio-visual system, and reconstructed restrooms. This option would add approximately 1,200 sq.ft. to the building footprint, resulting in a total built area, inclusive of the community building and the outdoor restrooms, about 27% larger than the existing facility. The proposed front and rear shade structures are not included in the footprint calculation. In this option, the main changes to the floor plan include: • Addition of a new entrance space. • Addition of new kitchen storage and a janitor room for storing janitorial supplies, tools, etc. • Addition of a new indoor restroom on the northeast side of the building to replace the existing one. • Conversion of the existing indoor restroom into storage space. • Removal of the existing detached outdoor restroom building and its replacement with a new attached outdoor restroom building. • Enlargement of the existing activity room by removing the existing toddler restroom and adding a new one next to the new attached outdoor restroom on the southwest side of the building.  Option B This option represents a significant improvement to the facility beyond what was covered in Option A above. The enhancements presented in this option will elevate the facility to a level that can provide significantly greater value to the community. With this option, approximately 2,400 sq .ft. will be added to the building footprint, resulting in a 55% increase in size, excluding the proposed shade structures. In this option, the main changes to the floor plan include: • Addition of a new entrance space. • Conversion and expansion of the existing kitchen into storage space. • Addition of a new kitchen, along with a separate kitchen storage area. • Addition of a new second office (in addition to the existing office) that can be used for activities, one-on-one meetings with parents, and other administrative purposes. • Inclusion of a new janitor room for storing janitorial supplies, tools, etc. • Addition of a new indoor restroom on the northeast side of the building to replace the existing one. • Conversion of the existing indoor restroom into storage space. • Removal of the existing detached outdoor restroom building and its replacement with a new attached outdoor restroom building. 1 Packet Pg. 9 • Expansion of the existing activity room by removing the existing toddler restroom and adding a new one next to the new attached outdoor restroom on the southwest side of the building. Shade Structure (Front and Rear)  Option A This option provides new shade structures to highlight and formalize the front entrance, and to the rear of the building creating a more usable and comfortable patio area, inspired by the overall design of the existing building. This option would add about 1,000 sq.ft. of shaded area to the front of the building and between 2,150 sq.ft. to 2,300 sq.ft. of the same to the rear of the building, depending on the building floor plan Option selected.  Option B Similar to Option A, this option provides shade structures in the entrance area (front) and the rear of the building, although inspired by the City's windmill design. Similarly, this option would add about 1,000 sq.ft. of shaded area to the front of the building and between 2,150 sq.ft. to 2,300 sq.ft. of the same to the rear of the building, depending on the building floor plan Option selected. Park (ballfield excluded) Both options provide similar amenities but with different layout designs. Both involve replacing the existing basketball court and adding other improvements, such as enhanced landscaping and an upgraded playground area. Additionally, both options include extensive necessary ADA and drainage improvements. Playground Two age-appropriate play areas are proposed (2-5 years old and 5-12 years old). Two general themes for the playground area have been proposed , Western Farm and Western Town, with imagery intent for each included in the attachment. Upon selection of a design theme, playground amenities and equipment can be development as part of the next stage of design. Probable Cost Estimate The following probable cost estimates for each option provided above are preliminary. It is important to note that these estimates are expected to change as the design work progresses and again after the project goes through the construction bidding process. Nonetheless, these preliminary numbers do provide valuable data for comparing the options. 1 Packet Pg. 10 Option A Option B Building and Shade Structures $8.45M $9.7M Park (including playground) Total Probable Costs $4.10M $12.55M $4.2M $13.9M Funding options will need to be further developed for consideration by the Council as the project moves forward through the final design process and prior to construction. Attachments: 1. 1.a 2019 Option 5 Concept 2. 1.b Current Design Options 1 Packet Pg. 11 1.a Packet Pg. 10 1.a Packet Pg. 12 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:08 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 928314 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'EXISTING PHOTOSApproverNO.REVISIONDATEISSUEDEXISTING PLAY EQUIPMENTLITTLE INTEGRATION OF INTERIOR WITH THE EXTERIOR SPACES SOUTH PARK ENTRANCE LACK DISTINCTION AND ADA ACCESS MAIN ENTRY LACKS DISTINCTION EXISTING SITE CONDITIONS EXISTING PHOTOS1.b Packet Pg. 13 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:07 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 928313 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'EXISTING PHOTOSApproverNO.REVISIONDATEISSUEDEXISTING BUILDING LACKS STREET PRESENCESTORAGE CONTAINER STORE TABLES CHAIRS FOR COMMUNITY CENTER NONDESCRIPT ARCHITECTURE WITHOUT ENTRY DISTINCTION CRAMPED RESTROOM NONDESCRIPT ARCHITECTURE EXISTING COMMUNITY BUILDING CONDITIONS EXISTING PHOTOS1.b Packet Pg. 14 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:05 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 928312 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'EXISTING PHOTOSApproverNO.REVISIONDATEISSUEDEXISTING PHOTOSPUBLIC RESTROOM ARE OLD, VANDALIZED, AND LACK PRIVACY PUBLIC RESTROOM ARE OLD, VANDALIZED, AND LACK PRIVACY NONDESCRIPT ARCHITECTURE UNEVEN LANDING OUT SIDE OF RESTROOM EXISTING PUBLIC RESTROOM BUILDING CONDITIONS 1.b Packet Pg. 15 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:08 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 928315 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'ARCHITECTURE INSPIRATION ApproverNO.REVISIONDATEISSUEDARCHITECTURE INSPIRATION1.b Packet Pg. 16 REF.DWFD FD FD (E) WOMEN'S RESTROOM (E) MEN'S RESTROOM (E) WOMEN'S RESTROOM (E) MEN'S RESTROOM (E) COMMUNITY ROOM (E) ELECTRICAL ROOM (E) ACTIVITY ROOM (E) HALLWAY (K) KITCHEN (E) OFFICE Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/9/2024 12:16:17 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 92831-30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'AS-BUILT ApproverNO.REVISIONDATEISSUEDAS BUILT PLANNCOMMUNITY CENTER AS-BUILT PLAN FLOOR PLAN 1.b Packet Pg. 17 REF.FD 7' - 8"26' - 8"10' - 1"12' - 0"9' - 9"24' - 0"8' - 1" 26' - 0"(E) COMMUNITY ROOM (E) ELECTRICAL ROOM (E) KITCHEN (N) KITCHEN STORAGE (E) ACTIVITY ROOM (N) WOMEN'S RESTROOM (E) HALLWAY (N) MEN'S RESTROOM (N) WOMEN'S RESTROOM (N) STORAGE (N) MEN'S RESTROOM (N) SHADE STRUCTURE (N) SHADE STRUCTURE (N) JANITOR (N) RESTROOM (E) OFFICE Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:39:04 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 92831B 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'FLOOR PLAN OPTION BApproverNO.REVISIONDATEISSUED'B'NCOMMUNITY CENTER FLOOR PLAN A 1.b Packet Pg. 18 (E) COMMUNITY ROOM (E) ELECTRICAL ROOM (N) KITCHEN (N) KITCHEN STORAGE (E) ACTIVITY ROOM (N) WOMEN'S RESTROOM (E) HALLWAY (N) OFFICE (N) MEN'S RESTROOM (N) WOMEN'S RESTROOM (N) STORAGE (N) STORAGE (N) MEN'S RESTROOM SIDE WALK (N) SHADE STRUCTURE (N) SHADE STRUCTURE (N) JANITOR (N) RESTROOM (E) OFFICE 24' - 0"41' - 0"26' - 3"17' - 4"20' - 8"16' - 0"22' - 0"21' - 8"13' - 8"6' - 4"26' - 6"5' - 0"8' - 1" 26' - 0" Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:10 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 92831A 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'FLOOR PLAN OPTION AApproverNO.REVISIONDATEISSUEDNCOMMUNITY CENTER FLOOR PLAN B 1.b Packet Pg. 19 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:12 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 92831D 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'RENDERING 2 ApproverNO.REVISIONDATEISSUEDFRONT REAR SHADE STRUCTURE OPTION ACOMMUNITY CENTER OPTION A 1.b Packet Pg. 20 Edward Lok Ng C-16840 REN.11/30/23LICENSEDARCHIT E C TST A T EOF CA L IFORNIAClient:Consultant:CAD Draft:Architect:Engineer:Job Number:Date Issue:Client:Designer:ArchitectureInteriorsPlanning1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions.2/8/2024 2:34:12 PMG:\Project Files\3065 Diamond Bar Heritage Park Renovation\01-Drawings\01-Revit\1-Schematic\3065 Diamond Bar Heritage Park Renovation- Design Options 2_V2.rvt2900 BREA CANYON ROADDIAMOND BAR CA 92831C 30502.6.24CITY DIAMOND BARDesignerAuthorCheckerHERITAGE PARK COMMUNITYCENTERCONCEPT PLAN OPTION 'A'RENDERINGS 1 ApproverNO.REVISIONDATEISSUEDFRONT REAR SHADE STRUCTURE OPTION BCOMMUNITY CENTER OPTION B 1.b Packet Pg. 21 LANDSCAPE PLAN OPTION A 1.b Packet Pg. 22 LANDSCAPE PLAN OPTION B 1.b Packet Pg. 23 Client: Consultant: CAD Draft: Architect: Engineer: Job Number: Date Issue: Client: Designer:Architecture Interiors Planning 1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900 These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 2900 BREA CANYON ROAD DIAMOND BAR CA 92831 Designer Author Checker HERITAGE PARK COMMUNITY CENTER Approver NO.REVISION DATE ISSUED CONCEPT PLAN OPTION 'A'PLAYGROUND CONCEPT #1DESIGN NARRATIVEThe first concept for heritage park plays directly into thearchitectural theme and the City's historic windmill. Thewindmill stands as the City's remaining historic monumentand this design highlights its significance. Playgroundusers could enter the 5-12 playground from a woodboardwalk which could ramp into the play equipment. Theplayground is intended to have playground wood chips forthe entire play experience.The playground would also feature a secondary CattleRanch theme which lends itself to wagon wheel, watertank, and even historic tractor themes. The playgroundcould also feature an overhead entry sign with theplayground horse hitches, horse shoes, ranch style shadecanopies, and an interactive touch panel to enhance theuser's experience. These interactive touch panels couldfeature ranch atmospheric sounds, such as a cattle bell.Perimeter play features could also include horse corralthemes, fun playhouses, and wood themed stepperelements. This concept would offer a fun unique playexperience for the residents of Diamond Bar.DVD@dvolzdesign.comFEBRUARY 6th 20241.bPacket Pg. 24 Client: Consultant: CAD Draft: Architect: Engineer: Job Number: Date Issue: Client: Designer:Architecture Interiors Planning 1511 Cota Ave. Long Beach, CA 90813 Tel. 562-912-7900 These drawings and accompanying, as instruments of service, are the exclusive property of the Architect and their use and publication shall be restricted to the original site for which they were prepared. Re-use, reproduction or publication by any method, in whole or part, is prohibited by writtenpermission from the Architect. Title to these plans and specifications shall remain with the Architect without prejudice, and visual with them shall constitute prima facie eveidence of acceptance of these restrictions. 2900 BREA CANYON ROAD DIAMOND BAR CA 92831 Designer Author Checker HERITAGE PARK COMMUNITY CENTER CONCEPT PLAN OPTION 'B' Approver NO.REVISION DATE ISSUED PLAYGROUND CONCEPT #2DESIGN NARRATIVEThe second concept for Heritage Park is derived from thesite's history and namesake having served as a salesoffice. This playground design is inspired by a westerntown and features a western color palette. At park usersapproach from the entrance, they are greeted by anoverhead "Diamond Bar Town" western themed sign whichcould frame the playground and the hills beyond.The main themed feature of the playground could be awestern bank with a vault and teller windows. Otherthemed areas in the playground could incorporate asarsaparilla saloon and a sheriff's station. Perimeter playequipment items could play into the idea of horse hitches,bank chests, and crate climbing components. Theplayground surfacing would be all playground wood chips.Perimeter paving could feature wood themed pavingextending tying a western boardwalk into the experience.This would also make a fun transition onto a playgroundramp connecting to the structure for a more accessibleexperience. The idea is to incorporate fun elementscreating a unique and exciting play experience.DVD@dvolzdesign.comFEBRUARY 6th 20241.bPacket Pg. 25 Agenda #: 5.1 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE FEBRUARY 6, 2024 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the February 6, 2024 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 5.1 Packet Pg. 26 Attachments: 1. 5.1.a February 6, 2024 City Council Regular Meeting Minutes 5.1 Packet Pg. 27 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT/MAIN AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR, CA 91765 FEBRUARY 6, 2024 CALL TO ORDER: Mayor Liu called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Teng led the Pledge of Allegiance. INVOCATION: Cantor Paul A. Buch, Temple Beth Israel, provided the Invocation. ROLL CALL: Council Members Andrew Chou, Ruth Low, Steve Tye, Mayor Pro Tem Chia Yu Teng, Mayor Stan Liu Staff Present In Person: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Omar Sandoval, City Attorney; Anthony Santos, Assistant to the City Manager; Grace Lee, Planning Manager; Mayuko “May” Nakajima, Senior Planner; David Liu, Public Works Director; Cecilia Arellano, Senior Community Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources and Risk Manager; Hal Ghafari, Public Works Manager/Assistant City Engineer; Ken Desforges, Information Systems Director; Ryan Wright, Parks and Recreation Director; Marsha Roa, Community Relations Manager; Greg Gubman, Community Development Director; Jason Jacobsen, Finance Director; Nicholas Delgado, Management Analyst Others Present: Lieutenant Daniel Dail, Diamond Bar/Walnut Sheriff’s Station; Captain Stephen Tousey, Diamond Bar/Walnut Sheriff’s Station; Leticia Pacillas, LACFD Community Services Liaison (telephonically) APPROVAL OF AGENDA: Mayor Liu approved the agenda as presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Liu proclaimed February as Black History Month and read the Proclamation which Council presented to Board President Marie Paula Thermidor and Board Members of the San Gabriel Valley Sector National Council of Negro Women (NCNW). 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: M/Fox was happy to report that in spite of the significant rainfall, the City fared well with no major reportable incidents, and thanked staff and contractors for their constant field monitoring of the streets and clearing of vegetation to make 5.1.a Packet Pg. 28 FEBRUARY 6, 2024 PAGE 2 CITY COUNCIL certain the storm drains were properly functioning as well as the community for their vigilance. 3. PUBLIC COMMENTS: Allen Wilson said he appreciated the admirable service of City staff and asked if Council Members who receive campaign contributions from City contractors are obliged to recuse themselves from voting on contracts involving financial matters. Cynthia Yu, Diamond Bar Library, announced that February is “National Library Lovers Month” and hoped everyone would dive into a sea of stories and exciting programs during the month. For additional information on this and other programs, visit the library website at www.lacountylibrary.org Veena Sheth, Kailasa USA, spoke about her Guru who taught her, uplifted her and enriched her spirit, and thanked the City for supporting their Yoga classes. CC/Santana reported that one public comment email was received from Andres Martinez which was forwarded to the City Council and placed at the entrance to tonight’s meeting for public viewing, and there were no online callers requesting to speak under Public Comments. RESPONSE TO PUBLIC COMMENTS: At the request of C/Low and the City Council, CA/Sandoval provided information on recently updated Campaign Finance Laws that went into effect January 1, 2023. 4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 5. CONSENT CALENDAR: C/Low moved, C/Chou seconded, to approve the Consent Calendar as presented. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 5.1 APPROVED CITY COUNCIL MINUTES: 5.1.1 JANUARY 16, 2024 REGULAR MEETING. 5.2 RATIFIED CHECK REGISTER DATED JANUARY 10, 2024 THROUGH JANUARY 30, 2024 TOTALING $1,730,423.81. 5.1.a Packet Pg. 29 FEBRUARY 6, 2024 PAGE 3 CITY COUNCIL 5.3 ADOPTED RESOLUTION NO. 2024-03 GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES TO ANNEX EXISTING STREETLIGHTS TO THE COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA-1, DIAMOND BAR ZONE. 6. PUBLIC HEARINGS: NONE 7. COUNCIL CONSIDERATION: 7.1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186. SP/Nakajima provided the staff report and CM/Fox read the Ordinance Title into the record. There were no public comments offered on this item. C/Chou moved, C/Tye seconded, to find that the adoption of the Ordinance is exempt from CEQA; and, approved for first reading by title only, waived full reading of Ordinance No. 01(2024), and scheduled the second reading and adoption at the next regularly scheduled city council meeting on February 20, 2024. Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7.2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR PROHIBITING AND REGULATING MARIJUANA/ CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186. SP/Nakajima provided the staff report and CM/Fox read the Ordinance Title into the record. There were no public comments on this item. C/Low moved, C/Chou seconded, to find that adoption of the Ordinance is exempt from CEQA; and, adopt Urgency Ordinance No. 02 (2024). Motion carried 5-0 by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, 5.1.a Packet Pg. 30 FEBRUARY 6, 2024 PAGE 4 CITY COUNCIL M/Liu NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked staff for another well-prepared meeting and wished everyone a very Happy Lunar New Year, the year of the dragon. C/Low thanked staff for their work on behalf of the Council and City and for keeping the City safe during the recent storm , shared photos of the SR57/60 Confluence project and updated residents on the work in progress for this and the Golf Course project, and wished everyone a Happy Lunar New Year. C/Tye said it was a privilege to have the Black History Month Proclamation read this evening for those present and wonderful to hear about their contributions to the community. He hoped everyone would be careful driving during the rainstorms and not go out unless necessary. MPT/Teng appreciated staff’s diligence on countering what he felt was the State Legislatures promotion of Marijuana/Cannabis businesses and wished all Asian cultures a Happy Lunar New Year. M/Liu thanked staff for the presentations and thanked C/Low for the construction updates. He talked about residents’ concerns regarding l ack of street closure advisement during construction and atmospheric rain events and asked if a Town Hall could be scheduled with the proper agencies to discuss these matters with residents. CM/Fox stated that if it is the consensus of the Council, staff will work with SGVCOG to determine the feasibility of a community meeting in the near future. C/Chou concurred. C/Low suggested agency representatives be invited to provide a short presentation at a future Council meeting to allow for greater participation. MPT/Teng preferred a Town Hall meeting to allow for unlimited time and freedom to speak. CM/Fox said that staff would speak with SGVCOG about hosting a community workshop as well as, providing regular City Council presentations on the progress of the project. M/Liu wanted to recognize these individuals and organizations who contribute to the City on a regular basis during Council Meetings. CA/Sandoval suggest that in order to be complaint with the Brown Act, this matter be placed on a future City Council agenda for discussion. There was Council consensus to place an item on a future agenda for further discussion. 5.1.a Packet Pg. 31 FEBRUARY 6, 2024 PAGE 5 CITY COUNCIL M/Liu thanked staff, contractors and community members for taking care of the City streets and for looking out for one another during the storms and wished everyone a Happy Lunar New Year. ADJOURNMENT: With no further business to conduct, M/Liu adjourned the Regular City Council Meeting was adjourned at 7:31 p.m. Respectfully Submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 20th day of February, 2024. __________________________ Stan Liu, Mayor 5.1.a Packet Pg. 32 Agenda #: 5.2 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED JANUARY 31, 2024 THROUGH FEBRUARY 13, 2024 TOTALING $910,652.56. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $910,652.56. 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 January 31, 2024 through February 13, 2024 totaling $910,652.56 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures , and have been reviewed and approved by the appropriate departmental staff . The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 5.2 Packet Pg. 33 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit - 2-20-2024 2. 5.2.b Check Register 2-20-2024 5.2 Packet Pg. 34 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated January 31, 2024 through February 13, 2024 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Signed: __________________________________ Finance Director Jason M. Jacobsen 5.2.a Packet Pg. 35 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 10998 2/2/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB - TC-1 100655 52210 $77.78 CHECK TOTAL $77.78 11009 2/2/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22805 GLDN SPRGS/VARIOUS - TC-1 100655 52210 $3,765.61 CHECK TOTAL $3,765.61 11058 2/2/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 553 N DBB/VARIOUS - TC-1 100655 52210 $1,211.39 CHECK TOTAL $1,211.39 11059 2/2/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @TEMPLE - TC-1 100655 52210 $104.60 CHECK TOTAL $104.60 11060 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS - LS-2 100655 52210 $113.05 CHECK TOTAL $113.05 11061 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1025 BREA CANYON TC1 - LS-2 100655 52210 $143.75 CHECK TOTAL $143.75 11062 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER RD - LS-2 100655 52210 $247.57 CHECK TOTAL $247.57 11063 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS DR - LS-2 100655 52210 $90.44 CHECK TOTAL $90.44 11064 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GLDN SPRGS - LS-2 100655 52210 $202.83 CHECK TOTAL $202.83 11065 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS DR - LS-2 100655 52210 $85.81 CHECK TOTAL $85.81 11066 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21010 WASHINGTON AVE. - LS-2 100655 52210 $107.77 CHECK TOTAL $107.77 11067 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 S DBB - LS-2 100655 52210 $135.66 5.2.b Packet Pg. 36 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $135.66 11068 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD - LS-2 100655 52210 $89.78 CHECK TOTAL $89.78 11069 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST - LS-2 100655 52210 $68.37 CHECK TOTAL $68.37 11070 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS DR - LS-2 100655 52210 $119.00 CHECK TOTAL $119.00 11071 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CYN RD - LS-2 100655 52210 $67.84 CHECK TOTAL $67.84 11072 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CENTER DR - LS-2 100655 52210 $90.44 CHECK TOTAL $90.44 11073 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE - LS-2 100655 52210 $128.89 CHECK TOTAL $128.89 11074 2/2/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB - LS-2 100655 52210 $90.44 CHECK TOTAL $90.44 11075 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 238 21118 $7.72 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 239 21118 $7.72 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 241 21118 $7.72 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 207 21118 $21.53 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 250 21118 $30.54 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 206 21118 $31.40 2/2/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 02/02/2024 100 21118 $1,850.96 CHECK TOTAL $1,957.59 5.2.b Packet Pg. 37 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11078 2/2/2024 EMPLOYMENT DEVELOPMENT DEPARTMENT UI BENEFIT CHARGE 4TH QTR 2023 100220 50062 $4,884.00 CHECK TOTAL $4,884.00 11079 2/8/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE/VARIOUS - TC-1 100655 52210 $500.05 CHECK TOTAL $500.05 11080 2/8/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $115.60 CHECK TOTAL $115.60 11081 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 225 21106 $64.96 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 100220 50062 $246.97 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 239 21106 $268.09 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 241 21106 $268.09 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 238 21106 $421.56 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 206 21106 $424.32 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 207 21106 $691.93 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 105220 50048 $1,727.00 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 250 21106 $2,991.87 2/2/2024 PERS HEALTH HEALTH INSURANCE PREMIUM FEBRUARY 2024 100 21106 $66,812.87 CHECK TOTAL $73,917.66 11082 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 225 21109 $2.78 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 239 21109 $270.45 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 241 21109 $270.45 5.2.b Packet Pg. 38 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 207 21109 $369.76 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 238 21109 $375.67 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 206 21109 $1,037.22 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 250 21109 $2,775.14 2/2/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 02/02/2024 100 21109 $54,780.12 CHECK TOTAL $59,881.59 11083 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 225 21110 $28.73 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 239 21110 $181.34 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 241 21110 $181.34 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 238 21110 $250.11 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 207 21110 $403.65 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 206 21110 $561.86 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 250 21110 $1,549.79 2/2/2024 CALPERS PENSION CONTRIBUTION FOR PERIOD 01/13/24-01/26/24 100 21110 $42,356.15 CHECK TOTAL $45,512.97 11084 2/13/2024 AARON STANLEY TALALAY INSTRUCTOR PAYMENT - PICKLEBALL - WS23 100520 55320 $433.50 CHECK TOTAL $433.50 11085 2/13/2024 ABOUND FOOD CARE FISCAL YEAR 23-24 FOOD RECOVERY SERVICES/ JAN2024 250170 54900 $1,632.25 CHECK TOTAL $1,632.25 5.2.b Packet Pg. 39 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11086 2/13/2024 AFLAC SUPP INSURANCE PREMIUM JANUARY 2024 207 21117 $36.43 2/13/2024 AFLAC SUPP INSURANCE PREMIUM JANUARY 2024 250 21117 $42.92 2/13/2024 AFLAC SUPP INSURANCE PREMIUM JANUARY 2024 206 21117 $61.53 2/13/2024 AFLAC SUPP INSURANCE PREMIUM JANUARY 2024 100 21117 $1,482.77 CHECK TOTAL $1,623.65 11087 2/13/2024 ALLIANT INSURANCE SERVICES INC EARTH DAY 2024 INSURANCE 250170 57220 $365.00 CHECK TOTAL $365.00 11088 2/13/2024 ANDREW WONG PARKS AND REC COMMISSION MEETING 100520 52525 $45.00 CHECK TOTAL $45.00 11089 2/13/2024 ARC DOCUMENT SOLUTIONS LLC ANNUAL SUPPORT - HP T1200 PLOTTER 100230 52314 $2,014.00 2/13/2024 ARC DOCUMENT SOLUTIONS LLC ANNUAL SUPPORT - OCE PLOTWAVE 365 PLOTTER 100230 52314 $1,349.00 CHECK TOTAL $3,363.00 11090 2/13/2024 ASSA ABLOY ENTRANCE SYSTEMS US INC DOOR MAINTENANCE (LIBRARY) FY23- 24 100620 52320 $1,646.32 CHECK TOTAL $1,646.32 11091 2/13/2024 NAILA ASAD BARLAS STIPEND-PC MTG-JANUARY23 2024 100410 52525 $65.00 CHECK TOTAL $65.00 11092 2/13/2024 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS - WS 24 100520 55320 $330.00 CHECK TOTAL $330.00 11093 2/13/2024 BLACK O'DOWD AND ASSOCIATES INC HERITAGE PARK RENOVATION DESIGN 301630 56104 $44,140.00 CHECK TOTAL $44,140.00 11094 2/13/2024 BLUE 360 MEDIA LLC FY2023-24 LAW ENFORCEMENT PENAL CODE HANDBOOK 100310 51200 $83.95 CHECK TOTAL $83.95 11095 2/13/2024 KATHY BREAUX INSTRUCTOR PAYMENT - ART - WS 2024 100520 55320 $124.80 CHECK TOTAL $124.80 5.2.b Packet Pg. 40 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11096 2/13/2024 COCO SUTZE CHENG INSTRUCTOR PAYMENT - FITNESS - WS24 100520 55320 $264.00 CHECK TOTAL $264.00 11097 2/13/2024 COLLEY AUTO CARS INC VEHICLE MAINT (LIC#1407074) FY23-24 502630 52312 $2,724.73 CHECK TOTAL $2,724.73 11098 2/13/2024 CT & T CONCRETE PAVING INC ROAD MAINT SERVICES (DIAMOND BAR BLVD) FY23-24 100655 55512 $6,994.25 2/13/2024 CT & T CONCRETE PAVING INC RETENTION - AREA 4 RES/ADA CURB RAMP PROJ 301610 56101 $8,032.00 CHECK TOTAL $15,026.25 11099 2/13/2024 CYNTHIA T QUAN STIPEND - PARKS AND REC COMMISSION MEETING 100520 52525 $45.00 CHECK TOTAL $45.00 11100 2/13/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM FEBRUARY 2024 206 21105 $0.96 2/13/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM FEBRUARY 2024 207 21105 $0.96 2/13/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM FEBRUARY 2024 250 21105 $1.96 2/13/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM FEBRUARY 2024 100 21105 $153.00 CHECK TOTAL $156.88 11101 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 225 21105 $3.67 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 239 21105 $24.54 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 241 21105 $24.54 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 238 21105 $37.28 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 207 21105 $61.08 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 206 21105 $67.10 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 250 21105 $170.40 2/13/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM FEBRUARY 2024 100 21105 $4,979.60 5.2.b Packet Pg. 41 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $5,368.21 11102 2/13/2024 DIAMOND BAR STORAGE OWNER LLC USED OIL STORAGE UNIT 140 253180 52302 $550.00 2/13/2024 DIAMOND BAR STORAGE OWNER LLC USED OIL PROGRAM STORAGE/ MAY & JUNE 253180 52302 $550.00 CHECK TOTAL $1,100.00 11103 2/13/2024 DS SERVICES OF AMERICA INC WATER SERVICE (CITYHALL-JAN) FY23-24 100620 51200 $411.95 CHECK TOTAL $411.95 11104 2/13/2024 FOOTHILL BUILDING MATERIALS INC SANDBAGS (STATION#119) FY23-24 100350 51200 $700.20 2/13/2024 FOOTHILL BUILDING MATERIALS INC SANDBAGS (STATION#121) FY23-24 100350 51200 $700.20 CHECK TOTAL $1,400.40 11105 2/13/2024 FRANCOISE S ZAMBRA INSTRUCTOR PAYMENT - PILATES - WS24 100520 55320 $528.00 CHECK TOTAL $528.00 11106 2/13/2024 G & A NELOS CONSTRUCTION INC GROUNDWATER DRAINAGE IMP - PHASE 4&5 301610 56105 $147,883.00 CHECK TOTAL $147,883.00 11107 2/13/2024 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - WS24 100520 55320 $36.00 CHECK TOTAL $36.00 11108 2/13/2024 GO LIVE TECHNOLOGY INC ELM PROJECT MGMT - JAN 2024 503230 56135 $6,500.00 2/13/2024 GO LIVE TECHNOLOGY INC PS/SOLAR APP PROJECT MGMT - JAN 2024 503230 56135 $360.00 CHECK TOTAL $6,860.00 11109 2/13/2024 GOTO COMMUNICATIONS INC CITYWIDE PHONE SERVICE - FEB 2024 100230 52200 $2,697.92 CHECK TOTAL $2,697.92 11110 2/13/2024 WOODS MAINTENANCE SERVICES INC GRAFFITI ABATEMENT-JANUARY 2024 100430 55540 $3,075.00 CHECK TOTAL $3,075.00 11111 2/13/2024 HEATHER JEN CHANG CONTRACT CLASS INSTRUCTOR- ART 100520 55320 $663.00 CHECK TOTAL $663.00 11112 2/13/2024 HIRSCH PIPE & SUPPLY INC BLDG MAINT (PARKS) FY23-24 100630 52320 $375.31 5.2.b Packet Pg. 42 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/13/2024 HIRSCH PIPE & SUPPLY INC BLDG MAINT (PARKS) FY23-24 100630 52320 $1,291.12 CHECK TOTAL $1,666.43 11113 2/13/2024 HODGMAN ENTERPRISES PRINTING MAILING SERVICES FOR FEBRUARY NEWSLETTER 100240 52110 $3,552.43 CHECK TOTAL $3,552.43 11114 2/13/2024 ITERIS INC CS - ON-CALL TS TIMING SUPPORT - THRU 12/31/23 207650 54410 $12,110.00 CHECK TOTAL $12,110.00 11115 2/13/2024 JOE A GONSALVES & SON INC FEBRUARY PROF. SERVICES STATE LOBBYIST 100130 54900 $2,500.00 CHECK TOTAL $2,500.00 11116 2/13/2024 JOHN L HUNTER & ASSOC INC NPDES PROG SERVICES - PRIV DEV - SEPT 2023 100 22109 $210.00 2/13/2024 JOHN L HUNTER & ASSOC INC NPDES PROG SERVICES - PRIV DEV - SEPT 2023 100 22109 $240.00 2/13/2024 JOHN L HUNTER & ASSOC INC NPDES PROG SERVICES - PRIV DEV - SEPT 2023 100 22109 $300.00 2/13/2024 JOHN L HUNTER & ASSOC INC NPDES PROG SERVICES - PRIV DEV - SEPT 2023 100 22109 $740.00 CHECK TOTAL $1,490.00 11117 2/13/2024 KENS HARDWARE ROAD MAINT SUPPLIES(GROUNDWATER) FY23-24 100655 51250 $20.79 2/13/2024 KENS HARDWARE ROAD MAINT SUPPLIES FY23-24 100655 51250 $56.00 CHECK TOTAL $76.79 11118 2/13/2024 KEVIN D JONES PS -SR-57/60 CONFLUENCE PROJ ADVOCACY - JAN 2024 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 11119 2/13/2024 KIMLEY HORN AND ASSOCIATES INC LAND DEVELOPMENT REVIEW/STUDY - DEC 2023 100 22109 $1,203.93 2/13/2024 KIMLEY HORN AND ASSOCIATES INC LAND DEVELOPMENT REVIEW/STUDY - DEC 2023 100 22109 $1,655.40 2/13/2024 KIMLEY HORN AND ASSOCIATES INC LAND DEVELOPMENT REVIEW/STUDY - DEC 2023 100 22109 $3,747.81 2/13/2024 KIMLEY HORN AND ASSOCIATES INC ON-CALL TRAFFIC ENGR. - DEC 2023 100615 54410 $136.02 CHECK TOTAL $6,743.16 5.2.b Packet Pg. 43 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11120 2/13/2024 LANCE SOLL & LUNGHARD LLP PROF. SVCS - GOVERNMENT AUDIT FY 23/24 100210 54010 $4,201.00 CHECK TOTAL $4,201.00 11121 2/13/2024 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - PROJECT OVERSIGHT SUPPORT - JAN 2024 100615 54400 $3,420.00 2/13/2024 LOCAL AGENCY ENGINEERING ASSOCIATES INC PS - PROJECT OVERSIGHT SUPPORT - JAN 2024 207615 54400 $3,420.00 CHECK TOTAL $6,840.00 11122 2/13/2024 LOS ANGELES COUNTY DEVELOPMENT AUTH CDBG LOAN PAYOFF-2954 RISING STAR 225 20601 $35,000.00 CHECK TOTAL $35,000.00 11123 2/13/2024 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT (SYCAMORECYNPARK111523-121123) FY23-24 100630 52320 $1,264.71 CHECK TOTAL $1,264.71 11124 2/13/2024 LOS ANGELES TIMES ANNUAL DIGITAL SUBSCRIPTION 100140 52405 $259.48 CHECK TOTAL $259.48 11125 2/13/2024 MAHENDRA GARG STIPEND-PC MTG-OCTOBER 24 2024 100410 52525 $65.00 2/13/2024 MAHENDRA GARG STIPEND-PC MTG-JANUARY23 2024 100410 52525 $65.00 CHECK TOTAL $130.00 11126 2/13/2024 METROLINK METROLINK PASSES - JANUARY 2024 206650 55610 $1,169.00 2/13/2024 METROLINK METROLINK PASSES - JANUARY 2024 206650 55620 $4,676.00 CHECK TOTAL $5,845.00 11127 2/13/2024 MIRACLE RECREATION EQUIPMENT COMPANY INC PLAYGROUND PARTS (MULTIPLE PARKS) FY23-24 100630 52320 $3,769.87 CHECK TOTAL $3,769.87 11128 2/13/2024 MISS DIAMOND BAR SCHOLARSHIP PAGEANT INC FY23/24 PAGEANT SCHOLARSHIP SPONSORSHIP 101110 52600 $1,500.00 CHECK TOTAL $1,500.00 11129 2/13/2024 MNS ENGINEERS INC DESIGN - DB COMPLETE STREETS - DEC 2023 301610 56105 $12,430.00 CHECK TOTAL $12,430.00 11130 2/13/2024 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY PREPAREDNESS 100350 52300 $78.75 5.2.b Packet Pg. 44 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $78.75 11131 2/13/2024 NICHOLS CONSULTING ENGINEERS, CHTD AREA 3 RES/COLL & CURB RAMP DESIGN - THRU 1/12/24 301610 56101 $54,514.21 CHECK TOTAL $54,514.21 11132 2/13/2024 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $426.00 2/13/2024 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $288.00 CHECK TOTAL $714.00 11133 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - NOVEMBER 2023 100240 51200 $54.73 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - NOVEMBER 2023 100510 51200 $111.28 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - NOVEMBER 2023 100620 51200 $177.75 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - NOVEMBER 2023 100520 51200 $384.88 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - NOVEMBER 2023 100140 51200 $1,316.65 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100410 51200 $47.99 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100510 51200 $82.51 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100420 51200 $274.40 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100150 51200 $285.24 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100520 51200 $576.74 2/13/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - JANUARY 2024 100140 51200 $749.21 CHECK TOTAL $4,061.38 11134 2/13/2024 ONE TIME PAY VENDOR BAPS FACILITY REFUND 100 20202 $200.00 CHECK TOTAL $200.00 11135 2/13/2024 ONE TIME PAY VENDOR CHRISTINE CONGLETON RECREATION PROGRAM REFUND 100 20202 $85.00 CHECK TOTAL $85.00 11136 2/13/2024 ONE TIME PAY VENDOR INTERNATIONAL POLYTECHNIC HIGH SCHOOL FACILITY REFUND 100 20202 $1,371.38 CHECK TOTAL $1,371.38 11137 2/13/2024 ONE TIME PAY VENDOR JESIKA CONTRERAS RECREATION PROGRAM REFUND 100 20202 $42.50 CHECK TOTAL $42.50 5.2.b Packet Pg. 45 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11138 2/13/2024 ONE TIME PAY VENDOR JOHNSON CHEN RECREATION PROGRAM REFUND 100 20202 $42.50 CHECK TOTAL $42.50 11139 2/13/2024 ONE TIME PAY VENDOR NEW YORK LIFE FACILITY REFUND 100 20202 $500.00 CHECK TOTAL $500.00 11140 2/13/2024 ONE TIME PAY VENDOR GUADALUPE SOTOMAYOR EDUCATION/TRAINING REIMBURSEMENT 100210 52500 $2,501.71 CHECK TOTAL $2,501.71 11141 2/13/2024 ONE TIME PAY VENDOR SAMMY ELBASTAWESY BOND DEPOSIT RELEASE - 20305 FLINTGATE 100 22109 $3,322.35 CHECK TOTAL $3,322.35 11142 2/13/2024 PAPER RECYCLING & SHREDDING CITY HALL SHREDDING JAN 2024 250170 55000 $185.00 CHECK TOTAL $185.00 11143 2/13/2024 PBLA ENGINEERING INC DESIGN SERVICES(DBC/CITYHALL) FY23- 24 301630 56104 $5,300.00 CHECK TOTAL $5,300.00 11144 2/13/2024 PROTECTION ONE INC BURGLAR ALARM REPAIR SRV(SYCAMORE PARK-JAN)FY23-24 100630 52320 $75.00 CHECK TOTAL $75.00 11145 2/13/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1533087) FY23-24 502430 52312 $169.83 2/13/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1304009) FY23-24 502620 52312 $94.72 2/13/2024 PUENTE HILLS FORD LLC VEHICLE MAINT (LIC#1524126) FY23-24 502630 52312 $903.17 CHECK TOTAL $1,167.72 11146 2/13/2024 RAYMOND WALTER WOLFE STIPEND-PC MTG-OCTOBER24 2023 100410 52525 $65.00 2/13/2024 RAYMOND WALTER WOLFE STIPEND-PC MTG-JANUARY232024 100410 52525 $65.00 CHECK TOTAL $130.00 11147 2/13/2024 REGIONAL CHAMBER OF COMMERCE SERVICES FOR OCT - DEC. 2023 100150 55000 $3,000.00 CHECK TOTAL $3,000.00 11148 2/13/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $86.51 CHECK TOTAL $86.51 11149 2/13/2024 RUBEN TORRES STIPEND-PC MTG - OCTOBER24 2023 100410 52525 $65.00 5.2.b Packet Pg. 46 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/13/2024 RUBEN TORRES STIPEND-PC MTG-JANUARY232024 100410 52525 $65.00 CHECK TOTAL $130.00 11150 2/13/2024 SAMAN MAHMOOD PARKS AND REC COMMISSION MEETING 100520 52525 $45.00 CHECK TOTAL $45.00 11151 2/13/2024 SITEREP CONSTRUCTION SERVICES INC NTMP/NORTHAMPTON NEIGHBORHOOD 251160 56102 $27,413.00 CHECK TOTAL $27,413.00 11152 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 225 21107 $0.49 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 225 21113 $1.65 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 239 21107 $2.98 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 241 21107 $2.98 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 238 21107 $3.65 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 207 21107 $7.47 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 239 21113 $10.17 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 241 21113 $10.17 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 206 21107 $13.11 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 238 21113 $14.21 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 207 21113 $22.89 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 206 21113 $29.90 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 250 21107 $73.86 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 250 21113 $134.60 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 100 21107 $1,677.04 5.2.b Packet Pg. 47 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/13/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM FEB 2024 100 21113 $2,360.61 CHECK TOTAL $4,365.78 11153 2/13/2024 TASC FSA FEES 100220 52515 $261.95 CHECK TOTAL $261.95 11154 2/13/2024 TENNIS ANYONE INC TENNIS INSTRUCTION 23-24 100520 55320 $7,171.22 CHECK TOTAL $7,171.22 11155 2/13/2024 THE ARTINA GROUP 1099-MISC COPY A FORMS 100210 52110 $129.28 CHECK TOTAL $129.28 11156 2/13/2024 THE CITY OF DIAMOND BAR COMMUNITY FOUNDATION FY23/24 SPONSORSHIP - TEE AND HOLE SPONSOR 101110 52600 $200.00 CHECK TOTAL $200.00 11157 2/13/2024 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MTG FEB13 2024 2330 INDIAN CREEK 100 22107 $713.58 2/13/2024 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PC MTG-FEB13 2024-915 PANTERA 100 22107 $637.80 CHECK TOTAL $1,351.38 11158 2/13/2024 THE SAUCE CREATIVE SERVICES INC YOUTH SOCCER BANNERS 100520 52110 $499.90 CHECK TOTAL $499.90 11159 2/13/2024 THE TAIT GROUP INC PS - ENGR/VARIOUS TRAFFIC-RELATED PROJ - JAN 2024 100615 54410 $300.00 CHECK TOTAL $300.00 11160 2/13/2024 THREE VALLEYS MUNICIPAL WATER DISTRICT 2/29/24 LEADERSHIP BREAKFAST - COUNCIL 100110 52410 $30.00 CHECK TOTAL $30.00 11161 2/13/2024 TORTI GALLAS AND PARTNERS INC TOWN CENTER SPECIFIC PLAN-DEC 2023 103410 54900 $61,914.75 CHECK TOTAL $61,914.75 11162 2/13/2024 TRANE SERVICE GROUP INC MECH&BAS PREVENT MAINT (HERITAGE PARK) FY23-24 100630 52320 $2,688.00 CHECK TOTAL $2,688.00 11163 2/13/2024 TYLER TECHNOLOGIES INC ELM - ON-SITE WORKFLOW QUESTIONNAIRES - JAN 2024 503230 56135 $5,400.00 5.2.b Packet Pg. 48 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/13/2024 TYLER TECHNOLOGIES INC ELM PROJECT - TRAVEL EXPENSES/REMOTE WORK HOURS 503230 56135 $7,313.69 CHECK TOTAL $12,713.69 11164 2/13/2024 ULINE INC BATTERY BUCKETS (INTERNAL PROGRAM) 250170 51300 $93.03 2/13/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.25 2/13/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.25 2/13/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.25 2/13/2024 ULINE INC RESIDENTIAL RECYCLING BINS 254180 56116 $49.22 CHECK TOTAL $290.00 11165 2/13/2024 UNDERGROUND SERVICE ALERT OF SO CA DIGALERT - MONTHLY SERVICES - DEC 2023 100610 54900 $183.25 2/13/2024 UNDERGROUND SERVICE ALERT OF SO CA DIGALERT - CA STATE REGULATORY FEE - FEB 2023 100610 54900 $55.42 CHECK TOTAL $238.67 11166 2/13/2024 URBAN PLATES LLC 2.8.24 SENIOR DANCE CATERING 100520 55310 $3,414.81 CHECK TOTAL $3,414.81 11167 2/13/2024 US BANK PCARD STATEMENT - JANUARY 2024 999 28100 $12,826.52 CHECK TOTAL $12,826.52 11168 2/13/2024 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (010124- 013124) FY23-24 100655 55510 $25,525.80 2/13/2024 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (120423- 123023) FY23-24 100655 55510 $21,315.00 CHECK TOTAL $46,840.80 11169 2/13/2024 VERIZON WIRELESS WIRELESS PHONE SERVICE - 12/17/23- 1/16/24 100230 52200 $2,152.58 CHECK TOTAL $2,152.58 11170 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 225 21108 $1.16 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 239 21108 $8.21 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 241 21108 $8.21 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 238 21108 $12.69 5.2.b Packet Pg. 49 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 207 21108 $24.67 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 206 21108 $42.16 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 250 21108 $65.74 2/13/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM FEBRUARY 2024 100 21108 $1,946.60 CHECK TOTAL $2,109.44 11171 2/13/2024 WW GRAINGER INC FY2023-24 EMERGENCY SUPPLIES 100350 51200 $500.10 CHECK TOTAL $500.10 11172 2/13/2024 WALNUT VALLEY UNIFIED SCHOOL DISTRICT YOUTH BASKETBALL SKILLS DAY 100520 52302 $842.70 2/13/2024 WALNUT VALLEY UNIFIED SCHOOL DISTRICT ADULT VOLLEYBALL GYM RENTAL 100520 52302 $446.26 2/13/2024 WALNUT VALLEY UNIFIED SCHOOL DISTRICT ADULT VOLLEYBALL GYM RENTAL 100520 52302 $382.50 CHECK TOTAL $1,671.46 11173 2/13/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23- 24 100620 51200 $454.75 2/13/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITYHALL) FY23- 24 100620 51200 $833.19 CHECK TOTAL $1,287.94 11174 2/13/2024 WEST COAST ARBORISTS INC TREE MAINT (010124-011524) FY23-24 100645 55522 $25,644.15 CHECK TOTAL $25,644.15 11175 2/13/2024 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2930 STEEPLECHASE - THRU 9/29/23 100 22109 $420.00 CHECK TOTAL $420.00 11176 2/13/2024 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2930 STEEPLECHASE - THRU 10/27/23 100 22109 $420.00 2/13/2024 WILLDAN GEOTECHNICAL GEOTECH REVIEW - 2176 ROCKY ROAD - THRU 10/27/23 100 22109 $1,050.00 CHECK TOTAL $1,470.00 11177 2/13/2024 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG-OCTOBER24 2023 100410 52525 $65.00 CHECK TOTAL $65.00 5.2.b Packet Pg. 50 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 11178 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $1,320.00 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $3,722.40 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $501.60 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $211.20 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $316.80 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100 22107 $26.40 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100 22107 $1,029.60 2/13/2024 WOODRUFF & SMART, A PROFESSIONAL CORPORATION LEGAL SVCS - DECEMBER 2023 100120 54020 $4,857.60 CHECK TOTAL $11,985.60 11179 2/13/2024 YUNEX LLC TS MAINTENANCE - CALL-OUTS - DEC 2023 207650 55536 $6,480.21 2/13/2024 YUNEX LLC TS MAINT - REPAIR - DBB/TEMPLE - 12/9/23 207650 55536 $7,365.71 2/13/2024 YUNEX LLC TS MAINT - REPAIR - DBB/MNTN LAUREL - 1/6/24 207650 55536 $23,707.15 2/13/2024 YUNEX LLC TS CABINET REPLACE - DBB/TIN- CRESTVIEW - 11/21/23 100655 55536 $17,555.45 2/13/2024 YUNEX LLC TS SIGNAL KNOCK DOWN - DBB/SUNSET XING - 11/21/23 100655 55536 $8,852.85 CHECK TOTAL $63,961.37 GRAND TOTAL $910,652.56 5.2.b Packet Pg. 51 Agenda #: 5.3 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve for second reading by title only, waive full reading, and adopt Ordinance No. 01 (2024), entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186.” FINANCIAL IMPACT: None. BACKGROUND: On February 6, 2024, the City Council approved for first reading Ordinance No. 01 (2024), which amends Municipal Code Chapter 8.26 in its entirety to prohibit and regulate marijuana/cannabis businesses and cultivation in compliance with State law , as last amended by the Medicinal Cannabis Patients’ Right of Access Act (SB 1186). Effective January 1, 2024, SB 1186 prohibits local jurisdictions from adopting or enforcing any regulation that directly or indirectly prohibits the retail sale of medicinal cannabis by delivery to patients or caregivers within the City, but allows local jurisdictions to adopt and enforce reasonable regulations, including where delivery businesses may be located. The proposed ordinance prohibits the establishment of marijuana delivery businesses Citywide based on the finding that there are already such 5.3 Packet Pg. 52 businesses outside of the City that can readily serve clientele that reside in Diamond Bar. There were no changes made to the draft ordinance as presented at the meeting. A copy of the February 6, 2024 staff report is included in Attachment 2 for reference. The Council approved the first reading by a 5-0 vote. Ordinance No. 01 (2024) (Attachment 1) is now being presented for its second reading by title only and adoption, and will become effective 30 days from February 20, 2024. PREPARED BY: REVIEWED BY: Attachments: 1. 5.3.a Ordinance No. 01 (2024) 2. 5.3.b City Council Staff Report Dated February 6, 2024 5.3 Packet Pg. 53 ORDINANCE NO. 01 (2024) AN ORDI N ANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.2 6 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA /CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186 . WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("CUA"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law; and WHEREAS, in 2004, SB 420, the Medical Marijuana Program Act, was enacted by the state legislature to clarify the scope of the CUA and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the CUA; and WHEREAS, in 2015, AB 266, AB 243, and SB 643, the Medical Marijuana Regulation and Safety Act (“MMRSA”), was adopted by the state legislature to establish regulations for commercial medical marijuana activity in the state; and WHEREAS, in 2016, SB 837, the Medical Cannabis Regulation and Safety Act was adopted by the state legislature and changed “marijuana” references in the MMRSA to “cannabis” among other things; and WHEREAS, in 2016, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") decriminalized, under state law, specified nonmedicinal cultivation and use of marijuana; and WHEREAS, under the AUMA the City is permitted to prohibit and regulate specified aspects of nonmedicinal cultivation and use of marijuana; and WHEREAS, Chapter 8.26 of the Diamond Bar Municipal Code prohibits, among other things, the establishment of marijuana dispensaries anywhere in the City; and WHEREAS, SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients’ Right of Access Act (“Act”), prohibits local jurisdictions, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits, or has the effect of prohibiting, the retail sale by delivery within the jurisdiction of medicinal marijuana to medicinal marijuana patients or their primary caregivers by licensed medicinal marijuana businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal marijuana patients within the local jurisdiction; and WHEREAS, the Act permits local jurisdictions to adopt and enforce reasonable regulations on retail sale by delivery of medicinal marijuana; and 5.3.a Packet Pg. 54 Ordinance No. 01 (2024) 2 WHEREAS, the Act does not limit or otherwise affect the ability of a local jurisdiction to adopt and enforce any regulations on commercial marijuana operations other than retail sale by delivery of medicinal marijuana in the local jurisdiction; and WHEREAS, the City Council finds that there are presently more than 12 licensed medicinal marijuana retailers located within a 17 mile radius of the City of Diamond Bar from which retail sale by delivery of medicinal marijuana in the City is or may be available; therefore, prohibiting the establishment of physical premises within the City from which retail sale by delivery of medicinal marijuana is conducted will not have the effect of prohibiting the retail sale by delivery of medicinal marijuana to medicinal marijuana patients or their primary caregivers in a timely and readily accessible manner in types and quantities that are sufficient to meet demand from medicinal marijuana patients who reside in the City. NOW THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: Section 1. The City Council finds that the above recitals are true and correct. Section 2. Chapter 8.26 of the Diamond Bar City Code is hereby amended in its entirety to read as follows: CHAPTER 8.26. – MARIJUANA BUSINESSES Sec. 8.26.010. - Purpose, Findings and Definitions. (a) Purpose and Findings. The City Council finds that in order to serve the public health, safety, and welfare of the residents and businesses within the City of Diamond Bar, the declared purpose of this chapter is to prohibit marijuana cultivation and marijuana dispensaries including delivery services from locating and operating in the City as stated in this chapter in compliance with state law. (b) Definitions. As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: City means the City of Diamond Bar. Identification card is a document issued by the State Department of Public Health and/or the County of Los Angeles Department of Public Health which identifies a person authorized to engage in the medicinal use of marijuana and the person's designated primary caregiver, if any. Marijuana or cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, de rivative, mixture, or preparation of the plant, its 5.3.a Packet Pg. 55 Ordinance No. 01 (2024) 3 seeds, or resin. Marijuana also means the separated resin, whether crude or purified, obtained from marijuana. Marijuana also means cannabis as defined by Section 11018 of the California Health and Safety Code. Marijuana includes, but is not limited to, medicinal cannabis as defined in California Business and Professions Code Section 26001(al). Marijuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, marijuana does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Marijuana cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. Marijuana cultivation site means any indoor or outdoor facility or location where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities. Marijuana delivery means the transfer of marijuana or marijuana products from a dispensary to any person or entity at a location in the City. Marijuana delivery also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed, that enables individuals to arrange for or facilitate the transfer by a dispensary of marijuana or marijuana products. Marijuana delivery includes, but is not limited to, delivery as defined in California Business and P rofessions Code Section 26001(r). Marijuana dispensary or dispensary means any association, business, facility, use, establishment, location, marijuana delivery, cooperative, collective, or provider, whether fixed or mobile, that possesses, processes, manufactures, distributes, makes available, or otherwise facilitates the distribution of marijuana or marijuana products to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver. The term marijuana dispensary includes, but is not limited to, a business, facility, use or location that engages in commercial cannabis activity as defined in California Business and Professions Code Section 26001(m). The term marijuana dispensary shall not include the following facilities, locations or uses to the extent marijuana is dispensed by primary caregivers to qualified patients for medicinal use, as long as such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health c are facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life -threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or a residential hospice or home health 5.3.a Packet Pg. 56 Ordinance No. 01 (2024) 4 agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code. Marijuana product means a product containing marijuana, including, but not limited to, concentrates and extractions and includes, but is not limited to, any medicinal cannabis product as defined in California Business and Professions Code Section 26001(al) or cannabis product as defined in California Business and Professions Code Section 26001(k), and/or any edible cannabis product as defined in California Business and Professions Code Section 26001(x). Medicinal marijuana means the same as defined in Section 26321(b)(1) of the California Business and Professions Code and is marijuana or a marijuana product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by the State Department of Public Health or the County of Los Angeles Department of Public Health . Medicinal marijuana business means the same as defined in Section 26321 (b)(2) of the California Business and Professions Code and is a retailer authorized to engage in the retail sale by delivery of medicinal marijuana to medicinal marijuana patients pursuant to an M -license. Medicinal marijuana patient means the same as defined in Section 26321 (b)(3) of the California Business and Professions Code and is a qualified patient who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the California Business and Professions Code, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card . Primary caregiver means the same as defined in California Health and Safety Code Section 11362.7 and is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. Qualified patient means the same as defined in California Health and Safety Code Section 11632.7 and is a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Public Health or County of Los Angeles Department of Public Health . Sec. 8.26.020. - Marijuana Dispensaries and Delivery Prohibited. (a) Marijuana Dispensaries and Delivery Prohibited. Except as exempted in subsection (c) below, marijuana dispensaries and marijuana delivery are prohibited in all zoning districts and specific plan areas in the City , even if located 5.3.a Packet Pg. 57 Ordinance No. 01 (2024) 5 within an otherwise permitted use . It shall be unlawful for any person or entity to own, manage, conduct, or operate any marijuana dispensary or marijuana delivery service or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana dispensary or marijuana delivery service in the City. (b) Establishment or Maintenance of Marijuana Dispensaries Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana dispensary or marijuana delivery service as defined in this chapter within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of pub lic nuisances. (c) Exemptions. (1) Personal Cultivation. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit: (i) the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a p rivate residence that is fully enclosed and secure; or (ii) the possession of, or giving away of, the marijua na produced by such plants to persons 21 years of age or older. (2) Medicinal Marijuana Delivery. (A) Pursuant and subject to SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients' Right of Access Act, subject to the provisions of this subsection (c)(2), this section shall not prohibit the retail sale by delivery within the City of medicinal marijuana to persons with identification cards , qualified patients, or their primary caregivers by a medicinal marijuana business from a fixed location outside of the City. (B) Medicinal marijuana businesses engaging in the retail sale by delivery of medicinal marijuana within the City shall be subject to the following requirements: i. Each medicinal marijuana business engaging in the retail sale by delivery of medicinal marijuana in the City shall obtain and maintain a City business license pursuant to Title 5 (Business Licensing) of the Diamond Bar City Code. ii. Each medicinal marijuana business shall maintain an active M-license issued by the State of California and all applicable permits and/or licenses required by the local jurisdiction in 5.3.a Packet Pg. 58 Ordinance No. 01 (2024) 6 which the business is located. The business shall submit a copy of all its State and local licenses and permits required for its operation to the Director of Community Development or his/her designee prior to issuance or renewal of a business license. The business shall notify the Director of Community Development or his/her designee if any applicable State or local license or permit required for its operation expires or is denied, suspended, modified, or revoked. iii. Each medicinal marijuana business and employee of a medicinal marijuana business engaged in the retail sale by delivery of medicinal marijuana in the City shall at all times comply with all applicable regulations promulgated by the California Department of Cannabis Control, including, but not limited to, the regulations pertaining to the delivery of marijuana set forth in California Code of Regulations, Title 4, Sections 15415 through 15421. iv. In accordance with subsection (a) above, the retail sale by delivery of adult-use marijuana is prohibited throughout the City. Only the retail sale by delivery of medicinal marijuana or medicinal marijuana products as required by state law is permitted in the City. A medicinal marijuana business or employee of a medicinal marijuana business shall not sell or offer for sale any marijuana accessories or branded merchandise of any kind concurrently or in conjunction with the retail sale of medicinal marijuana or medicinal marijuana products in the City. v. All deliveries of medicinal marijuana shall be performed by a delivery employee who is directly employed by the medicinal marijuana business. Each medicinal marijuana business shall maintain an accurate list of its delivery employees and shall provide the list to the City upon request. Each delivery employee engaging in the retail sale by delivery of medicinal marijuana in the City shall carry during deliveries and immediately provide upon request by the City or any law enforcement officer the following : a copy of the current business license issued to the medicinal marijuana business; a copy of the current license or licenses issued to the medicinal marijuana business by the State Department of Cannabis Control which authorize it to engage in the retail sale of medicinal marijuana; a copy of the QR Code certificate issued by the State Department of Cannabis Control; the employee's government-issued identification; an identification badge provided by the employer; delivery inventory ledgers from the time the employee left the employer's premises; all 5.3.a Packet Pg. 59 Ordinance No. 01 (2024) 7 delivery receipts for marijuana goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and a log of all stops from the time the employee left the employer's premises. A delivery employee shall not carry marijuana goods valued in excess of $5,000 at any time while engaged in the retail sale by delivery of medicinal marijuana in the City. vi. All deliveries of medicinal marijuana must be made to a physical address that is not located on publicly owned land, on land or in a building leased by a public agency, a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth center. A licensed retailer shall only sell medicinal marijuana goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation. vii. Each medicinal marijuana business shall maintain an accurate list of all vehicles used by its employees to deliver medicinal marijuana in the City, including each vehicles' make, model, year, color, license plate number, vehicle identification number (VIN), and Department of Motor Vehicles registration information, along with proof of current automobile liability insurance for each such vehicle as required by state law, and shall provide such list and proof of automobile insurance to the City upon request, in the event of any changes, and prior to issuance or renewal of a business license. Retail sale by delivery of medicinal marijuana in the City may only be conducted using a properly insured vehicle that is identified on the most current list provided to the City and that is outfitted with a dedicated global positioning system (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in deliv ery, as provided by state law. In accordance with state law, a delivery vehicle shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying marijuana goods for delivery. (C) This subsection (c)(2) only authorizes the retail sale by delivery of medicinal marijuana by a licensed medic inal cannabis business from a fixed premises located outside of the City. Nothing in this section shall be construed to permit the establishment of a marijuana dispensary or other physical premises from which retail sale by delivery of medicinal marijuana within the City is conducted. 5.3.a Packet Pg. 60 Ordinance No. 01 (2024) 8 (D) Nothing in this subsection (c)(2) is intended to or shall be interpreted to prohibit medicinal marijuana patients or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner. Sec. 8.26.030. - Cultivation of Marijuana - Prohibited (a) Marijuana Cultivation Prohibited. Except as exempted in subsection (c) below, marijuana cultivation and/or the establishment, maintenance or operation of any marijuana cultivation site is prohibited in all zoning districts and specific plan areas in the City. (b) Establishment or Maintenance of Marijuana Cultivation Site Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana cultivation site within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of public nuisances. (c) Personal Cultivation Exemption. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. Sec. 8.26.040. - Additional prohibitions. No person shall possess, ingest or smoke marijuana in any building, or any property owned, leased or occupied by the city. Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations. 5.3.a Packet Pg. 61 Ordinance No. 01 (2024) 9 Section 4. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had be en declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this 20th day of February, 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 6th day of February, 2024, and was duly passed and adopted at a regular meeting of the City Council held on the 20th day of February, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ____________________________ Kristina Santana, City Clerk 5.3.a Packet Pg. 62 Agenda #: 7.1 Meeting Date: February 6, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.26 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA/CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Find that the adoption of the ordinance is exempt from CEQA; and B. Approve for first reading by title only, waive full reading of Ordinance No. 01 (2024); and schedule the second reading and adoption at the next regularly scheduled City Council meeting on February 20, 2024. FINANCIAL IMPACT: None. BACKGROUND: Diamond Bar City Code Chapter 8.26 prohibits marijuana dispensaries (both medical and recreational) Citywide. Specifically, Section 8.26.050 states that a “marijuana dispensary shall be a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary.” On September 18, 2022, the Governor signed into law SB 1186 (Wiener), known as the Medicinal Cannabis Patients’ Right of Access Act (Attachment 3), which went into effect on January 1, 2024. The Act prohibits local jurisdictions from adopting or enforcing any 7.1 Packet Pg. 54 5.3.b Packet Pg. 63 regulation that directly or indirectly prohibits the retail sale of medicinal cannabis by delivery to patients or caregivers within the City, but allows local jurisdictions to adopt and enforce reasonable regulations, including where delivery businesses may be located. The proposed ordinance (Attachment 1) prohibits the establishment of marijuana delivery businesses Citywide based on the finding that there are already such businesses outside of the City that can readily serve clientele that reside in Diamond Bar. ANALYSIS: With the enactment of SB 1186, any non -storefront commercial retailer (of medicinal cannabis from which delivery can be conducted) may apply for a business license in any zoning district at a physical location within the City, unless the City can make a finding that there are sufficient businesses in surrounding areas from which patients or their primary caregivers can order their medicine. Upon researching surrounding areas, it was found that there are presently more than 12 licensed medicinal marijuana retailers located within a 17-mile radius of the City from which retail sale of medicinal marijuana by delivery is available. Therefore, prohibiting physical premises of these establishments within the City would not affect timely access for patients who reside here. The City Council is being presented with an ordinance that would expand the current prohibition of marijuana businesses, including physical locations of non -storefront commercial retailers from which delivery of medicinal cannabis can be conducted. As required by state law, the ordinance will allow the retail sale by delivery of medicinal marijuana to qualified patients or primary caregivers by medicinal marijuana businesses from fixed locations outside the City subject to compliance with state law regulations. It is recommended that the Council approve the ordinance for first reading. Because permanent ordinances do not become effective until 30 days after a second reading, a parallel, 45-day urgency ordinance has been placed on this agenda which would go into effect immediately to ensure the protection of public health, safety and welfare during the required waiting period for the regular ordinance. ENVIRONMENTAL REVIEW: The City has determined that the proposed code amendment is not subject to the California Environmental Quality Act (“CEQA”) in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment and 7.1 Packet Pg. 55 5.3.b Packet Pg. 64 it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 7.1.a Ordinance No. 01 (2024) 2. 7.1.b DBCC Section 8.26 – Marijuana Businesses (current regulations) 3. 7.1.c Senate Bill 1186 7.1 Packet Pg. 56 5.3.b Packet Pg. 65 ORDINANCE NO. 01 (2024) AN ORDI N ANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 8.2 6 OF THE DIAMOND BAR CITY CODE IN ITS ENTIRETY TO PROHIBIT AND REGULATE MARIJUANA /CANNABIS BUSINESSES AND CULTIVATION IN COMPLIANCE WITH STATE LAW AS LAST AMENDED BY SB 1186 . WHEREAS, in 1996 California voters approved Proposition 215, commonly referred to as the Compassionate Use Act ("CUA"), which enabled seriously ill patients to legally possess, use and cultivate marijuana for medicinal purposes under state law; and WHEREAS, in 2004, SB 420, the Medical Marijuana Program Act, was enacted by the state legislature to clarify the scope of the CUA and to allow local jurisdictions to adopt and enforce rules and regulations consistent with the CUA; and WHEREAS, in 2015, AB 266, AB 243, and SB 643, the Medical Marijuana Regulation and Safety Act (“MMRSA”), was adopted by the state legislature to establish regulations for commercial medical marijuana activity in the state; and WHEREAS, in 2016, SB 837, the Medical Cannabis Regulation and Safety Act was adopted by the state legislature and changed “marijuana” references in the MMRSA to “cannabis” among other things; and WHEREAS, in 2016, Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA") decriminalized, under state law, specified nonmedicinal cultivation and use of marijuana; and WHEREAS, under the AUMA the City is permitted to prohibit and regulate specified aspects of nonmedicinal cultivation and use of marijuana; and WHEREAS, Chapter 8.26 of the Diamond Bar Municipal Code prohibits, among other things, the establishment of marijuana dispensaries anywhere in the City; and WHEREAS, SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients’ Right of Access Act (“Act”), prohibits local jurisdictions, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits, or has the effect of prohibiting, the retail sale by delivery within the jurisdiction of medicinal marijuana to medicinal marijuana patients or their primary caregivers by licensed medicinal marijuana businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal marijuana patients within the local jurisdiction ; and WHEREAS, the Act permits local jurisdictions to adopt and enforce reasonable regulations on retail sale by delivery of medicinal marijuana; and 7.1.a Packet Pg. 57 5.3.b Packet Pg. 66 Ordinance No. 01 (2024) 2 WHEREAS, the Act does not limit or otherwise affect the ability of a local jurisdiction to adopt and enforce any regulations on commercial marijuana operations other than retail sale by delivery of medicinal marijuana in the local jurisdiction; and WHEREAS, the City Council finds that there are presently more than 12 licensed medicinal marijuana retailers located within a 17 mile radius of the City of Diamond Bar from which retail sale by delivery of medicinal marijuana in the City is or may be available; therefore, prohibiting the establishment of physical premises within the City from which retail sale by delivery of medicinal marijuana is conducted will not have the effect of prohibiting the retail sale by delivery of medicinal marijuana to medicinal marijuana patients or their primary caregivers in a timely and readily accessible manner in types and quantities that are sufficient to meet demand from medicinal marijuana patients who reside in the City. NOW THEREFORE, the City Council of the City of Diamond Bar hereby ordains as follows: Section 1. The City Council finds that the above recitals are true and correct. Section 2. Chapter 8.26 of the Diamond Bar City Code is hereby amended in its entirety to read as follows: CHAPTER 8.26. – MARIJUANA BUSINESSES Sec. 8.26.010. - Purpose, Findings and Definitions. (a) Purpose and Findings. The City Council finds that in order to serve the public health, safety, and welfare of the residents and businesses within the City of Diamond Bar, the declared purpose of this chapter is to prohibit marijuana cultivation and marijuana dispensaries including delivery services from locating and operating in the City as stated in this chapter in compliance with state law. (b) Definitions. As used in this chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: City means the City of Diamond Bar. Identification card is a document issued by the State Department of Public Health and/or the County of Los Angeles Department of Public Health which identifies a person authorized to engage in the medicinal use of marijuana and the person's designated primary caregiver, if any. Marijuana or cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, de rivative, mixture, or preparation of the plant, its 7.1.a Packet Pg. 58 5.3.b Packet Pg. 67 Ordinance No. 01 (2024) 3 seeds, or resin. Marijuana also means the separated resin, whether crude or purified, obtained from marijuana. Marijuana also means cannabis as defined by Section 11018 of the California Health and Safety Code. Marijuana includes, but is not limited to, medicinal cannabis as defined in California Business and Professions Code Section 26001(al). Marijuana does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, marijuana does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Marijuana cultivation means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. Marijuana cultivation site means any indoor or outdoor facility or location where marijuana is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities. Marijuana delivery means the transfer of marijuana or marijuana products from a dispensary to any person or entity at a location in the City. Marijuana delivery also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed, that enables individuals to arrange for or facilitate the transfer by a dispensary of marijuana or marijuana products. Marijuana delivery includes, but is not limited to, delivery as defined in California Business and P rofessions Code Section 26001(r). Marijuana dispensary or dispensary means any association, business, facility, use, establishment, location, marijuana delivery, cooperative, collective, or provider, whether fixed or mobile, that possesses, processes, manufactures, distributes, makes available, or otherwise facilitates the distribution of marijuana or marijuana products to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver. The term marijuana dispensary includes, but is not limited to, a business, facility, use or location that engages in commercial cannabis activity as defined in California Business and Professions Code Section 26001(m). The term marijuana dispensary shall not include the following facilities, locations or uses to the extent marijuana is dispensed by primary caregivers to qualified patients for medicinal use, as long as such use complies strictly with applicable law including, but not limited to, California Health and Safety Code Section 11362.5: a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code; a health c are facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life -threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code; or a residential hospice or home health 7.1.a Packet Pg. 59 5.3.b Packet Pg. 68 Ordinance No. 01 (2024) 4 agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code. Marijuana product means a product containing marijuana, including, but not limited to, concentrates and extractions and includes, but is not limited to, any medicinal cannabis product as defined in California Business and Professions Code Section 26001(al) or cannabis product as defined in California Business and Professions Code Section 26001(k), and/or any edible cannabis product as defined in California Business and Professions Code Section 26001(x). Medicinal marijuana means the same as defined in Section 26321(b)(1) of the California Business and Professions Code and is marijuana or a marijuana product intended to be sold or donated for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found in Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician’s recommendation, or in compliance with any compassionate use, equity, or other similar program administered by the State Department of Public Health or the County of Los Angeles Department of Public Health . Medicinal marijuana business means the same as defined in Section 26321 (b)(2) of the California Business and Professions Code and is a retailer authorized to engage in the retail sale by delivery of medicinal marijuana to medicinal marijuana patients pursuant to an M -license. Medicinal marijuana patient means the same as defined in Section 26321 (b)(3) of the California Business and Professions Code and is a qualified patient who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2 of the California Business and Professions Code, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card . Primary caregiver means the same as defined in California Health and Safety Code Section 11362.7 and is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. Qualified patient means the same as defined in California Health and Safety Code Section 11632.7 and is a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued by the State Department of Public Health or County of Los Angeles Department of Public Health . Sec. 8.26.020. - Marijuana Dispensaries and Delivery Prohibited. (a) Marijuana Dispensaries and Delivery Prohibited. Except as exempted in subsection (c) below, marijuana dispensaries and marijuana delivery are prohibited in all zoning districts and specific plan areas in the City , even if located 7.1.a Packet Pg. 60 5.3.b Packet Pg. 69 Ordinance No. 01 (2024) 5 within an otherwise permitted use . It shall be unlawful for any person or entity to own, manage, conduct, or operate any marijuana dispensary or marijuana delivery service or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any marijuana dispensary or marijuana delivery service in the City. (b) Establishment or Maintenance of Marijuana Dispensaries Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana dispensary or marijuana delivery service as defined in this chapter within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of pub lic nuisances. (c) Exemptions. (1) Personal Cultivation. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit: (i) the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a p rivate residence that is fully enclosed and secure; or (ii) the possession of, or giving away of, the marijua na produced by such plants to persons 21 years of age or older. (2) Medicinal Marijuana Delivery. (A) Pursuant and subject to SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients' Right of Access Act, subject to the provisions of this subsection (c)(2), this section shall not prohibit the retail sale by delivery within the City of medicinal marijuana to persons with identification cards , qualified patients, or their primary caregivers by a medicinal marijuana business from a fixed location outside of the City. (B) Medicinal marijuana businesses engaging in the retail sale by delivery of medicinal marijuana within the City shall be subject to the following requirements: i. Each medicinal marijuana business engaging in the retail sale by delivery of medicinal marijuana in the City shall obtain and maintain a City business license pursuant to Title 5 (Business Licensing) of the Diamond Bar City Code. ii. Each medicinal marijuana business shall maintain an active M-license issued by the State of California and all applicable permits and/or licenses required by the local jurisdiction in 7.1.a Packet Pg. 61 5.3.b Packet Pg. 70 Ordinance No. 01 (2024) 6 which the business is located. The business shall submit a copy of all its State and local licenses and permits required for its operation to the Director of Community Development or his/her designee prior to issuance or renewal of a business license. The business shall notify the Director of Community Development or his/her designee if any applicable State or local license or permit required for its operation expires or is denied, suspended, modified, or revoked. iii. Each medicinal marijuana business and employee of a medicinal marijuana business engaged in the retail sale by delivery of medicinal marijuana in the City shall at all times comply with all applicable regulations promulgated by the California Department of Cannabis Control, including, but not limited to, the regulations pertaining to the delivery of marijuana set forth in California Code of Regulations, Title 4, Sections 15415 through 15421. iv. In accordance with subsection (a) above, the retail sale by delivery of adult-use marijuana is prohibited throughout the City. Only the retail sale by delivery of medicinal marijuana or medicinal marijuana products as required by state law is permitted in the City. A medicinal marijuana business or employee of a medicinal marijuana business shall not sell or offer for sale any marijuana accessories or branded merchandise of any kind concurrently or in conjunction with the retail sale of medicinal marijuana or medicinal marijuana products in the City. v. All deliveries of medicinal marijuana shall be performed by a delivery employee who is directly employed by the medicinal marijuana business. Each medicinal marijuana business shall maintain an accurate list of its delivery employees and shall provide the list to the City upon request. Each delivery employee engaging in the retail sale by delivery of medicinal marijuana in the City shall carry during deliveries and immediately provide upon request by the City or any law enforcement officer the following : a copy of the current business license issued to the medicinal marijuana business; a copy of the current license or licenses issued to the medicinal marijuana business by the State Department of Cannabis Control which authorize it to engage in the retail sale of medicinal marijuana; a copy of the QR Code certificate issued by the State Department of Cannabis Control; the employee's government-issued identification; an identification badge provided by the employer; delivery inventory ledgers from the time the employee left the employer's premises; all 7.1.a Packet Pg. 62 5.3.b Packet Pg. 71 Ordinance No. 01 (2024) 7 delivery receipts for marijuana goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and a log of all stops from the time the employee left the employer's premises. A delivery employee shall not carry marijuana goods valued in excess of $5,000 at any time while engaged in the retail sale by delivery of medicinal marijuana in the City. vi. All deliveries of medicinal marijuana must be made to a physical address that is not located on publicly owned land, on land or in a building leased by a public agency, a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth center. A licensed retailer shall only sell medicinal marijuana goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation after confirming the customer's age, identity, and physician's recommendation. vii. Each medicinal marijuana business shall maintain an accurate list of all vehicles used by its employees to deliver medicinal marijuana in the City, including each vehicles' make, model, year, color, license plate number, vehicle identification number (VIN), and Department of Motor Vehicles registration information, along with proof of current automobile liability insurance for each such vehicle as required by state law, and shall provide such list and proof of automobile insurance to the City upon request, in the event of any changes, and prior to issuance or renewal of a business license. Retail sale by delivery of medicinal marijuana in the City may only be conducted using a properly insured vehicle that is identified on the most current list provided to the City and that is outfitted with a dedicated global positioning system (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in deliv ery, as provided by state law. In accordance with state law, a delivery vehicle shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying marijuana goods for delivery. (C) This subsection (c)(2) only authorizes the retail sale by delivery of medicinal marijuana by a licensed medic inal cannabis business from a fixed premises located outside of the City. Nothing in this section shall be construed to permit the establishment of a marijuana dispensary or other physical premises from which retail sale by delivery of medicinal marijuana within the City is conducted. 7.1.a Packet Pg. 63 5.3.b Packet Pg. 72 Ordinance No. 01 (2024) 8 (D) Nothing in this subsection (c)(2) is intended to or shall be interpreted to prohibit medicinal marijuana patients or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner. Sec. 8.26.030. - Cultivation of Marijuana - Prohibited (a) Marijuana Cultivation Prohibited. Except as exempted in subsection (c) below, marijuana cultivation and/or the establishment, maintenance or operation of any marijuana cultivation site is prohibited in all zoning districts and specific plan areas in the City. (b) Establishment or Maintenance of Marijuana Cultivation Site Declared a Public Nuisance. Except as exempted in subsection (c) below, the establishment, maintenance, or operation of a marijuana cultivation site within the City limits is declared to be a public nuisance and enforcement action may be taken and penalties assessed pursuant to Title 1, Chapter 1.04 of the Diamond Bar City Code, and/or any other law or ordinance that allows for the abatement of public nuisances. (c) Personal Cultivation Exemption. Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure. Sec. 8.26.040. - Additional prohibitions. No person shall possess, ingest or smoke marijuana in any building, or any property owned, leased or occupied by the city. Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") in that it will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that there are no marijuana dispensaries currently existing or permitted under the City's current municipal code and it maintains the existing environment in the City. This Ordinance is not a project under CEQA pursuant to Public Resources Code Section 21065 which provides that CEQA only applies to an activity which has the potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Further, the Ordinance is exempt from CEQA under the following provisions of Title 14 of the California Code of Regulations: Sections 15060(c)(2), 15060(c)(3) and 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects which have the potential for causing a significant effect on the environment and it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment and Section 15304, as the Ordinance is a minor alteration in land use limitations. 7.1.a Packet Pg. 64 5.3.b Packet Pg. 73 Ordinance No. 01 (2024) 9 Section 4. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had be en declared invalid or unconstitutional. Section 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days after this Ordinance is passed and adopted, in the Office of the City Clerk and two additional public places, together with the vote for and against the same. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this ___ day of ________, 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the __ day of ________, 2024, and was duly passed and adopted at a regular meeting of the City Council held on the _____ day of _________, 2024, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ____________________________ Kristina Santana, City Clerk 7.1.a Packet Pg. 65 5.3.b Packet Pg. 74 - CITY CODE Title 8 - HEALTH AND SAFETY CHAPTER 8.26. MARIJUANA BUSINESSES Diamond Bar, California, Code of Ordinances Created: 2023-11-29 09:40:57 [EST] (Supp. No. 37) Page 1 of 2 CHAPTER 8.26. MARIJUANA BUSINESSES1 Sec. 8.26.010. Medical marijuana businesses—Prohibited. A medical marijuana dispensary shall be considered a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a medical marijuana dispensary. ( Ord. No. 04(2014), § 1, 3-18-14 ) Sec. 8.26.020. Definitions. For purposes of this Chapter the following definitions shall apply: Medical marijuana dispensary means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana to or for more than three persons or to or for any person who is not a qualified patient or primary caregiver. The term "marijuana transport business" when used in this chapter shall be any person or entity that transports or offers to transport marijuana in any vehicle or by any other means. A person who is transporting marijuana to a qualified patient for whom he or she is the primary caregiver shall not be a "marijuana transport business". Primary caregiver is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7. Qualified patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.5, inclusive of a person with an identification card as that termed is defined in California Health and Safety Code section 11362.7. ( Ord. No. 04(2014), § 1, 3-18-14 ) Sec. 8.26.030. Additional prohibitions. No person shall own, operate, or manage a medical marijuana dispensary or marijuana transport business. No person shall lease or offer to lease any facility or any location as a medical marijuana dispensary or for a marijuana transport business. No person shall employ any persons or be employed at a medical marijuana dispensary or in a marijuana transport business. ( Ord. No. 04(2014), § 1, 3-18-14 ) 1Ord. No. 09(2016) , § I, adopted November 1, 2016, amended chapter 8.26 title to read as herein set out. Formerly, such title pertained to medical marijuana businesses. 7.1.b Packet Pg. 66 5.3.b Packet Pg. 75 Created: 2023-11-29 09:40:57 [EST] (Supp. No. 37) Page 2 of 2 Sec. 8.26.040. Penalties. (a) Public nuisance. Any violation of this chapter shall constitute a public nuisance and may be abated in accordance with section 1.04.010(e) of the Diamond Bar Municipal Code. (b) Any person who violates this chapter shall be guilty of a misdemeanor and be punished as provided for in section 1.04.010(a) of the Diamond Bar Municipal Code." ( Ord. No. 04(2014), § 1, 3-18-14 ) Sec. 8.26.050. Marijuana businesses—Prohibited. (a) A marijuana dispensary shall be a prohibited use in any zoning district of the city, even if located within an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license, certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary. (b) No person shall plant, cultivate, harvest, dry or otherwise process, in any manner, marijuana or marijuana products outdoors. ( Ord. No. 09(2016) , § I, 11-1-16) Sec. 8.26.060. Definitions. For purposes of section 8.26.050, the following definitions shall apply: (a) "Marijuana dispensary" means any association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, transports, cultivates, distributes, makes available or otherwise facilitates the distribution of marijuana, marijuana products or marijuana accessories. (b) "Marijuana", "marijuana products" and "marijuana accessories", respectively, shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code §§ 11018, 11018.1 and 11018.2. (c) "Smoke" shall have the same meaning as provided in the text of Proposition 64 as proposed for Health and Safety Code § 11362.3(c). ( Ord. No. 09(2016) , § I, 11-1-16) Sec. 8.26.070. Additional prohibitions. No person shall possess, ingest or smoke marijuana in any building or any property owned, leased or occupied by the city. ( Ord. No. 09(2016) , § I, 11-1-16) 7.1.b Packet Pg. 67 5.3.b Packet Pg. 76 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 1/6 Senate Bill No. 1186 CHAPTER 395 An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ] LEGISLATIVE COUNSEL'S DIGEST SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis. This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law. This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last. To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 26200 of the Business and Professions Code is amended to read: 7.1.c Packet Pg. 68 5.3.b Packet Pg. 77 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 2/6 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses. (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). 7.1.c Packet Pg. 69 5.3.b Packet Pg. 78 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 3/6 (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f ) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met: (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read: 26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements. (b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements. (c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county. (e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following: (A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final 7.1.c Packet Pg. 70 5.3.b Packet Pg. 79 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 4/6 updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness. (8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act. (A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f ) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution. (g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met: (1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. 7.1.c Packet Pg. 71 5.3.b Packet Pg. 80 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 5/6 (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division. SEC. 2. Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read: CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows: (a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter: (1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001. (2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis: (1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction. (2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to: (1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2) Security or public health and safety requirements. (3) Licensing requirements. 7.1.c Packet Pg. 72 5.3.b Packet Pg. 81 7/26/23, 5:48 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1186 6/6 (4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. (5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. (d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure: (1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General. (4) Any other party otherwise authorized by law. (b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure. (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative. SEC. 4. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. 7.1.c Packet Pg. 73 5.3.b Packet Pg. 82 Agenda #: 5.4 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: LETTER OF OBJECTION AND APPLICATION TO PURCHASE TAX- DEFAULTED PROPERTY. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve and authorize the City Manager to sign and submit a Letter of Objection and Application to Purchase Tax-Defaulted Property. FINANCIAL IMPACT: Beyond the $274 application filing fee, there is no immediate financial impact associated with this action. However, it is the first step in the process of acquiring the property at the County’s listed tax-defaulted auction price of $36,252 plus processing fees. Upon acquisition, the City would be responsible for ongoing maintenance costs. BACKGROUND: Since the early 1960s, Diamond Bar PONY/Little League (“PONY”) has operated a volunteer-driven non-profit youth baseball league for local participants. In 1969, following years of games at local park and school sites, the organization established Stevens Field located at 22601 Sunset Crossing Road (APN 8718-005-005) in Diamond Bar (“PONY property”), where it has been based since. The PONY property is approximately 10.23 acres and features four unlighted baseball fields, batting cages, seating areas, and a number of outbuildings. The site is located directly across the street from the Diamond Bar/Walnut YMCA facility and immediately adjacent to a City - owned undeveloped park site (APN 8718-005-007 and APN 8718-005-008). The deed of the property restricts the property to be used for the benefit of the people of the community of Diamond Bar and further provides that if PONY ceases to exist or function for the purposes it was created, then the property shall be transferred to the City since it owns the adjacent parcel. 5.4 Packet Pg. 83 On an annual basis at the end of January, the Los Angeles County Treasurer and Tax Collector posts a list of properties that are tax defaulted and subject to the Tax Collector’s power to sell. This list is first provided to public agencies for review to determine if any are suitable for public purposes, including parks, open space, and recreational uses. If a public agency identifies a property that could suit such a purpose, it may acquire the property via a Chapter 8 Agreement Sale. Upon review of the list of tax-defaulted properties for 2024, it was found that the PONY property was subject to public sale with a minimum bid of $36,252 due to unpaid property taxes dating to 2018. ANALYSIS: At its peak, PONY served an estimated 1,600 participants across all age levels. As local preferences and demographics have changed, participation levels have decreased significantly. In 2024 data submitted to the City by PONY, total participation was 110 for the spring season. The decline in participation and associated decline in revenues makes it difficult for PONY to maintain the property adequately and pay off the tax/assessment liability by the April 20, 2024 deadline. With PONY’s financial options limited, the Chapter 8 Agreement Sale process provides the City with a vehicle to acquire a large parcel of land in a parkless neighborhood at a cost-effective price. It mitigates the risk of the property falling into private hands and offers an opportunity to maintain and expand public park and recreational us e for youth and adult sports programs in a manner that is consistent with the Parks Master Plan. Further, the location offers a unique opportunity to leverage the City’s adjacent undeveloped park site with the 10.23-acre PONY property to create what could ultimately be the City’s second-largest public park. Should the City’s objection and application be accepted and the purchase become complete, a significant investment will be required to design, construct, and maintain a facility that meets the community’s standards for City-owned and operated parks and facilities and federal Americans with Disabilities (ADA) access guidelines. This process will undoubtedly take time. In the interim, the Council must determine its tolerance for liability and its willingness to make investments in maintenance improvements to provide safe access to the public. To initiate a Chapter 8 Agreement Sale to acquire the PONY property, the City must complete the following by 5:00 p.m. on Friday, February 23, 2024: 1. Submit a formal written objection to the public auction sale (Attachment 1) 2. Complete an Application to Purchase Tax-Defaulted Property from the County (Attachment 2). 3. Meet all County pre-qualification requirements (Attachment 3). LEGAL REVIEW: City Attorney has reviewed and approved the letter of objection and application to purchase tax-defaulted property. 5.4 Packet Pg. 84 PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a Letter of Objection 2. 5.4.b Application to Purchase Tax Defaulted Property 3. 5.4.c Prequalification Requirements 5.4 Packet Pg. 85 Stan Liu Chia Yu Teng Andrew Chou Ruth M. Low Steve Tye Mayor Mayor Pro Tem Council Member Council Member Council Member At-Large District 4 District 3 At-Large District 1 City of Diamond Bar | 21810 Copley Drive Diamond Bar CA 91765-4178 www.DiamondBarCA.gov | (909) 839-7000 February 20, 2024 County of Los Angeles Treasurer and Tax Collector 225 North Hill Street, Room 130 Los Angeles, CA 90012 Subject: Objection to Online Auction of Property at 22601 Sunset Crossing Road, Diamond Bar CA 91765-0015 Dear County of Los Angeles Treasurer and Tax Collector, The City of Diamond Bar formally objects to the online auction of the property located at 22601 Sunset Crossing Road, Diamond Bar CA 91765-0015 (APN 8718-005-005). We understand that this property is scheduled for auction and wish to express our strong opposition to proceeding with the sale of the property. The property in question, which has been used as recreational space by a youth baseball program since 1969, holds significant value for public purposes. The City is the sole owner of an adjacent 2.83 acre parcel purchased with the intent to construct a public park, and the acquisition of the property at 22601 Sunset Crossing Road offers the City the unique opportunity to create a much larger public park/recreational facility in a neighborhood that has been historically underserved when it comes to park space. In addition, the 1982 deed of the property to the Diamond Bar Little League, Inc., recorded as Document No. 82-1238134 in the office of the Los Angeles County Recorder on December 13, 1982, restricts the subject property to be used for the benefit of the people of the community of Diamond Bar and further provides that if Diamond Bar Little League or successor in interest ceases to exist or function for the purposes it was created, then the property shall be transferred to the YMCA, or the City of Diamond Bar if the YMCA does not own the adjacent Parcel 2. The City of Diamond Bar now owns the adjacent Parcel 2. This is a restriction of record that would not be cleared in the tax deed to a private party pursuant to Revenue and Taxation Code § 3712(d), which will cause the tax deed title to have a cloud that substantially decreased the value of the property. The City of Diamond Bar’s intention in objecting to the sale of the property at auction is to preserve its interest as beneficiary of the recorded deed restriction and acquire the property through a Chapter 8 Agreement Sale to develop a public park/recreational facility with access to athletic fields for local youth and adult non-profit organizations. We believe that the property's integration into the City's infrastructure and planning will contribute positively to community’s Strategic Plan and Parks Master Plan, which aim to enhance the quality of life for our residents. 5.4.a Packet Pg. 86 Stan Liu Chia Yu Teng Andrew Chou Ruth M. Low Steve Tye Mayor Mayor Pro Tem Council Member Council Member Council Member At-Large District 4 District 3 At-Large District 1 City of Diamond Bar | 21810 Copley Drive Diamond Bar CA 91765-4178 www.DiamondBarCA.gov | (909) 839-7000 We kindly request that you consider our opposition and take into account the potential benefits of allowing the City to acquire and utilize the property in line with public interests. Thank you for your attention to this matter. We look forward to your favorable response. Sincerely, Dan Fox City Manager 5.4.a Packet Pg. 87 APPLICATION TO PURCHASE TAX DEFAULTED PROPERTY (SCO 8-16) (2017) This application must be completed by an eligible purchasing entity to commence purchase of tax defaulted property by agreement sale from the county under applicable provisions of the California Revenue and Taxation Code. Complete the following sections and supply supporting documentation accordingly. Prior to purchase approval the county may require the applicant submit additional information or documentation. Completion of this application does not guarantee purchase approval. Applicant must complete Sections A through D. A. Purchaser Information 1. Name of organization:___________________________________________________ 2. Corporate structure: □ Nonprofit organization □ Public Agency (please select type of public agency) □ A taxing agency, revenue district, or special district □ The State or County B. Property Status and Use Information 1. Is the parcel currently approved for a Chapter 7 tax sale as of the date of this application? □ Yes □ No If yes, a written objection must be included with the application. If a written objection was submitted to the county prior to application, what is the date of the objection? (date of objection) 2. The purpose of the purchase: (check one box only) □ For low income housing □ To otherwise serve low income persons □ To preserve open space □ To preserve a lien □ For public purpose: (describe public purpose) C. Property Information Provide the following information. (If more space is needed exhibits may be attached) 1. County where the parcel(s) is located: (county) 2. Assessor’s Parcel Number (APN): (list all APNs for purchase with this application): D. Acknowledgement Identification and signature of the purchasing entity’s authorized officer: ______________________________________ __________________________________ Print Name Print Title ______________________________________ __________________________________ Authorized Signature Date For county use only: 1. Date application received: (date) 2. If applicable, date written objection to Chapter 7 tax sale was received: (date) 5.4.b Packet Pg. 88 Stan Liu Chia Yu Teng Andrew Chou Ruth M. Low Steve Tye Mayor Mayor Pro Tem Council Member Council Member Council Member At-Large District 4 District 3 At-Large District 1 City of Diamond Bar | 21810 Copley Drive Diamond Bar CA 91765-4178 www.DiamondBarCA.gov | (909) 839-7000 February 20, 2024 Subject: Objection to Online Auction of Property at 22601 Sunset Crossing Road, Diamond Bar CA 91765-0015 – Prequalification Requirements 1. Provide the mission statement of the agency. The following is adapted from the City’s Council-adopted Strategic Plan document: The City’s Strategic Plan approved by the City Council includes specific goals focused on protecting and augmenting resources owned by and relied upon by the public, providing public services that are effective and of high-quality, and enhancing the quality of life with safe neighborhoods and connected communities. In addition, the Strategic Plan includes an objective created to “build a vibrant, healthy and supportive community.” This specifically includes access to high quality parks and open space for all ages and abilities, supporting healthy community initiatives, and fostering exercise and athletic opportunities for a diverse community. 2. List each property by Assessor’s Identification Number (AIN). State the purpose and intended use of each property. AIN: 8718-005-005 Address: 22601 Sunset Crossing Road, Diamond Bar, California, 91765 The property has been utilized by the Diamond Bar community as recreation space since the late 1960s. The City has previously acquired an adjacent parcel with the intent of developing a neighborhood park. By acquiring AIN 8718-005-005,m the City intends to maintain and expand active and passive park and recreation space for a diverse population of all ages. 3. Provide a map showing the agency’s jurisdictional boundary and the location of the tax-defaulted property. As shown on the attached map (see following page), the property is located within the Diamond Bar city limits, at its northwestern border with the cities of Pomona and Industry. 5.4.c Packet Pg. 89 5.4.c Packet Pg. 90 Agenda #: 5.5 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: NOTICE OF COMPLETION FOR THE INTERNALLY ILLUMINATED STREET NAME SIGN & TRAFFIC SIGNAL SAFETY LIGHT REPLACEMENT PROJECT NO. TM23201. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve, and authorize the Director of Public Works/City Engineer to file the Notice of Completion. FINANCIAL IMPACT: The Fiscal Year 2022/23 Capital Improvement Program included $1,016,200 in funding for this Project. The final construction cost of the Project, including one change order, is $984,735.00, which is $31,465.00 under the total authorization amount. BACKGROUND/DISCUSSION: This Project included the removal and disposal of existing internally illuminated street name signs (IISNS) and traffic signal safety lights (TSSL) found at all of the signalized intersections citywide. The new IISNS and TSSL hardware utilize feature light -emitting diode (LED) lighting technology and an updated sign panel design. On November 15, 2022, the City Council awarded a construction contract to Yunex LLC for a total authorization amount of $1,016,185.00 (Contract Amount: $967,795.00; 5% Contingency: $48,390.00). The City issued a Notice to Proceed for the construction work to start on November 18, 2022. The City authorized one Change Order, in the amount of $16,940.00, to extend the contract term and to procure twelve (12) additional safety light fixtures. Yunex LLC completed all necessary work on January 30, 2024. 5.5 Packet Pg. 91 PREPARED BY: REVIEWED BY: Attachments: 1. 5.5.a NOC - TM23201 (IISNS & TSSL) 5.5 Packet Pg. 92 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF DIAMOND BAR 21810 COPLEY DRIVE DIAMOND BAR, CA 91765 ATTENTION: CITY CLERK Recording Fees Exempt per Govt. Code §§ 6103, 27383 Space Above for Recorder’s Use NOTICE OF COMPLETION Cal. Civ. Code 8100 et seq. and 9200 et seq. Notice is hereby given that: 1. The undersigned is the owner or authorized officer of the owner of the fee interest in the property hereinafter described. 2. The full name of the owner is City of Diamond Bar. 3. The full address of the owner is 21810 Copley Drive, Diamond Bar, CA 91765. 4. A work of improvement on the property hereinafter described was completed on January 30, 2024. The work done was: procurement and replacement of internally illuminated street name signs, traffic signal safety lights, and associated mounting hardware. 5. The name and address of the contractor, if any, for such work of improvement was: Yunex, LLC 1026 E. Lacy Avenue, Anaheim, CA 92805 6. The date of the contract was November 15, 2022. 7. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows: All sixty-six (66) signalized intersections. 8. The street address of said property is none. CITY OF DIAMOND BAR Dated: By: David G. Liu, P.E. Public Works Director/City Engineer VERIFICATION I am the Public Works Director/City Engineer of the City of Diamond Bar and am authorized to execute this verify cation on its behalf. I have read the foregoing notice of completion, know the contests thereof, and the same is true of my personal knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this ____ day of _____________, 2024, at Diamond Bar, California. By: David G. Liu, P.E. Public Works Director/City Engineer 5.5.a Packet Pg. 93 Agenda #: 5.6 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; THE GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS PROJECT NO. PW23402; AND THE COLD SPRING LANE GROUNDWATER DRAINAGE IMPROVEMENTS PROJECT NO. SI24101. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that approving the design and plans for the proposed projects is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines; and B. Adopt Resolution No. 2024-04 approving the design and plans for the Area 3 Residential & Collector Streets Rehabilitation and Arterial Street Rehabilitation (Golden Springs Drive from Grand Avenue to Avenida Rancheros, Grand Avenue from Diamond Bar Blvd. to City East Limits, collector streets within the Gateway Corporate Center) Project, the Grand Avenue Median Drainage Improvement Project, and the Cold Spring Lane Ground Water Drainage Improvement Project. FINANCIAL IMPACT: This Project will commence advertising upon approval of the design and plans. The most recent Engineer’s Estimate for the project cost is $8.66 million. Adequate funds are available in the FY 2023/24 Capital Improvement Program (CIP) Budget for the construction of the residential (CIP# SI24101) and arterial (CIP# SI24103) pavement rehabilitation projects and for the Grand Avenue Median Drainage Improvement Project 5.6 Packet Pg. 94 (PW23402). For the Cold Spring Lane Groundwater Drainage Improvements Project, Measure W Funds will be requested/appropriated at the time of the award of the construction contract. BACKGROUND: On February 21, 2023, the City Council approved a Consulting Services Agreement with Nichols Consulting Engineers, Inc. (NCE) to design the Residential & Collector Streets Rehabilitation and Arterial Street Rehabs, including the design of the American with Disabilities Act (ADA) Curb Ramp Improvement Projects for Areas 3, 4, and 5. The Arterial Streets Rehabilitation encompasses various roads, including Golden Springs Drive, Grand Avenue, Diamond Bar Blvd., Chino Hills Pkwy, Lemon Avenue, and other ADA Curb Ramp Projects. On November 7, 2023, the City Council approved an amendment to the Professional Services Agreement with Tait & Associates, Inc. (Tait), which, among other tasks, included the design services for the Cold Spring Lane groundwater drainage improvements to be added to the Area 3 Residential Streets Pavement Rehabilitation Project. As part of the Area 3 pavement design work, it became evident that this groundwater issue, identified as Phase 6 of the Citywide groundwater mitigation efforts, needs to be addressed prior to moving forward with the pavement improvements. The design work on this groundwater issue has been completed and is incorporated into the Project specifications. At the intersection of Grand Avenue and Diamond Bar Boulevard, it has been observed that stormnwater ponds along the median nose during rain events. The City’s on -call civil engineering firm, HR Green, prepared and completed the drainage improvement plans for this intersection to eliminate the ponding water by modifying the pavement grades to allow for positive drainage towards the gutters. Instead of constructing these minor improvements separately, it was determined to be more cost-effective to include and bundle this work as part of the arterial street pavement rehabilitation project. ANALYSIS: The City’s Area 3 is located to the south of Pathfinder Road, spanning both the western and eastern sides of Diamond Bar Boulevard and the SR 57 freeway. The Project encompasses approximately 17 center miles of residential and collector streets, necessitating treatments such as slurry seal, chip seal, and asphaltic concrete (AC) overlay. Additionally, it involves addressing isolated areas of damaged AC pavement as determined by field assessments. Furthermore, the Project includes aprroximately 6 centerline miles of various segments along major arterials, notably Golden Springs Drive from Grand Avenue to Avenida Rancheros, Grand Avenue from Diamond Bar Boulevard to the easterly City limits, and collector streets within the Gateway Corporate Center. Please refer to Attachment 2 for the Vicinity Map. By consolidating/bundling the two drainage work with the Area 3 pavement project into a single bidding document, the City should receive favorable bid proposals from a number of qualified contractors. As listed below, three (3) consultants have completed the preparation of the respective Plans, Specifications, and Estimates (PS&E). A full set 5.6 Packet Pg. 95 of the Plans and Specifications is available electronically through the City Clerk’s Office. The cover pages of the Plans and Specifications are shown in Attachment 3. CIP# Project Consultant SI24101 Residential and Collector Street Rehab - Area 3 NCE SI24103 Arterial Street Rehab: - Golden Springs Dr from Grand Ave to Temple Ave - Grand Ave from Diamond Bar Blvd. to East City Limits - Gateway Center Dr, Copley Dr, Bridgegate Dr NCE PW23402 Grand Avenue Median Drainage Improvement HR Green Under SI24101 Cold Spring Lane Groundwater Drainage Improvements Tait The tentative schedule is as follows: Approve Plans & Specifications February 20, 2024 Award Construction Contract April 2024 Start of Construction April/May 2024 Completion of Construction August/September 2024 Lane closures and construction activities along Golden Springs Drive, Grand Avenue, and within the Gateway Corporate Center will be permitted between 8:30 AM - 4:30 PM to minimize disruption to peak traffic hours while ensuring timely project completion. Therefore, it is recommended that the City Council approve the Plans and Specifications by adopting the Resolution included in Attachment 1. A project payment account will be established upon the award of the construction contract. Environmental Review Staff has determined that this Project is exempt from the California Environmental Quality Act (CEQA) provisions pursuant to the California Code of Regulations, guidelines for the implementation of the CEQA, Section 15301(c) under Class 1 Existing Facilities, existing highways and streets. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: 5.6 Packet Pg. 96 REVIEWED BY: Attachments: 1. 5.6.a Resolution No. 2024-04 - Approval of Plans & Specifications 2. 5.6.b Vicinity Map 3. 5.6.c Plans and Specifications Cover Sheets 5.6 Packet Pg. 97 RESOLUTION NO. 2024-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PLANS AND SPECIFICATIONS FOR THE AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, COLLECTOR STREETS WITHIN THE GATEWAY CORPORATE CENTER) PROJECT, THE GRAND AVENUE MEDIAN DRAINAGE IMPROVEMENT PROJECT, AND THE COLD SPRING LANE GROUND WATER DRAINAGE IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6. WHEREAS, plans and specifications have been prepared for the Area 3 Residential and Collector Streets Rehabilitation and Arterial Street Rehabilitation Project; the Grand Avenue Median Drainage Improvement Project, and the Cold Spring Lane Ground Water Drainage Improvement Project; WHEREAS, Government Code Section 830.6 provides design immunity for construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement; and WHEREAS, the Project is exempt from review under the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Regulations. NOW, THEREFORE, it is found, determined, and resolved by the City Council of the City of Diamond Bar as follows: Section 1. Legislative Intent and Findings. A. The City retained Nichols Consulting Engineers (NCE) (“Consultant”) as the engineer to design and prepare the plans for the Area 3 Residential & Collector Streets Rehabilitation and Arterial Street Rehabilitation (Golden Springs Drive from Grand Avenue to Avenida Rancheros, Grand Avenue from Diamond Bar Blvd to East City Limits, collector streets within the Gateway Corporate Center) Project, HR Green Pacific , Inc. for the Grand Avenue Median Drainage Improvement Project, and Tait & Associates for the Cold Spring Lane Ground Water Drainage Improvement Project (Projects); B. The City Council's approval of the Plans and Specifications for the Projects is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15301(c), Existing Facilities ; C. The Consultants informed the City Engineer that these plans are complete 5.6.a Packet Pg. 98 Resolution No. 2024-04 2 and that construction of the Projects may begin; D. The City Engineer reviewed the completed design and plans for the Projects and agrees with the Consultants that the plans are complete and consistent with the City’s standards, and the Projects may be constructed; and E. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the plans and construction of the Project s. Section 2. Design Immunity; Authorization. A. The design and plans for the Projects are determined to be consistent with the City’s standards and are approved. B. The approval set forth in this Resolution occurred before actual work on the Projects construction commenced. C. The approval granted by this Resolution conforms with the City’s General Plan. D. The City Engineer, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the design and plans approved by this Resolution. E. The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code § 830.6. Section 3. The City Clerk is directed to certify the adoption of this Resolution. Section 4. This Resolution will become effective immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 20th day of February, 2024. CITY OF DIAMOND BAR ________________________ Stan Liu, Mayor 5.6.a Packet Pg. 99 Resolution No. 2024-04 3 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 20th day of February, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 5.6.a Packet Pg. 100 DEPARTMENT OF PUBLIC WORKS Legend Project 2 Project 4 Project 6 AREA 3 RESIDENTIAL & COLLECTOR STREETS AND ARTERIAL STREET REHABILIATION & DRAINAGE IMPROVEMENTS Area 3 Residential and Collectors Grand Avenue Limits Gateway Corporate Center Limits Golden Spring Drive Limits VICINITY MAP Grand Avenue Median Drainage Cold Spring Lane Drainage Phase 6 5.6.b Packet Pg. 101 DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AREA 3 RESIDENTIAL & COLLECTOR STREETS REHABILITATION AND ARTERIAL STREET REHABILITATION (GOLDEN SPRINGS DRIVE FROM GRAND AVENUE TO AVENIDA RANCHEROS, GRAND AVENUE FROM DIAMOND BAR BLVD TO EAST CITY LIMITS, GATEWAY CORPORATE CENTER) PROJECT NO. SI24101 & SI24103; GRAND AVENUE AT DIAMOND BAR BOULEVARD DRAINAGE IMPROVEMENTS (CIP NO. PW23402) and GROUNDWATER DRAINAGE IMPROVEMENTS-PHASE 6 (COLD SPRING LN.) CIP NO. SI24101 All Questions Regarding This Project Are to Be Directed To: Mr. Christian Malpica Associate Engineer City of Diamond Bar (909) 839-7038 Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Council Member Ruth M. Low, Council Member Steve Tye, Council Member Daniel Fox, City Manager February 2024 5.6.c Packet Pg. 102 60 57 60 57 10 57 60 71 60 57 142 17050 Bushard St., Suite 200 Fountain Valley, Ca. 92708 (714) 848-8897 DATE: ISSUED FOR BIDS 02/02/202 4 PROJECT AREA PROJECT AREA PROJECT AREA PROJECT LOCATION 5.6.c Packet Pg. 103 STATE OF CALI FOR NIA R EGISTER E D PROFESSIONAL ENGINEER NO. 64701ST E VE R. LORISOCIVILKnow what'sbelow.before you dig.CallRSHEET INDEXPROJECTSITEPRIVATE ENGINEER'S NOTICE TO CONTRACTORSNOTESUNAUTHORIZED CHANGES AND USESNOTICE TO CONTRACTORSURVEY NOTEGENERAL NOTES:BENCHMARK:BASIS OF BEARING:GENERAL STRIPING NOTES" TELEPHONEGASOWNERCABLE TELEVISIONELECTRICITYWATER WASTEUTILITY AGENCIESWASTE MANAGEMENT &CONTROL BMPSNON-STORMWATERTEMPORARY TRACKING CONTROLTEMPORARY SEDIMENT CONTROLEROSION CONTROL BMPSNPDES NOTESBMPSBMPSMANAGEMENT BMPSMATERIALS POLLUTIONPUBLIC WORKSLEGENDSEWEROIL5.6.cPacket Pg. 104 CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS PHASE 6 GROUNDWATER DIVERSION PROJECT 1 TITLE SHEET 1-800-422-4133 IMPORTANT NOTICE UNDERGROUND SERVICE ALERT 2 COLD SPRING LANE PHASE 6 GROUNDWATER DIVERSION PROJECT 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix Portland 701 N. Parkcenter Drive Santa Ana, CA 92705 p: 714/560/8200 f: 714/560/8211 www.tait.com Since 1964 Los Angeles Ontario Sacramento San Diego San Francisco Boise Dallas Denver Phoenix PortlandCST A TEOF F Exp.12/31/2025 C ESSION A L ENGINEERIVI L A L I F O R NIAO REGISTERED P R 5.6.c Packet Pg. 105 Agenda #: 7.1 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FISCAL YEAR 2023-24 MID-YEAR BUDGET REVIEW. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2024-05 amending the Fiscal Year 2023/24 Municipal Budget revenue estimates and appropriations; and, B. Adopt Resolution No. 2024-06 amending the City’s Fiscal Year 2023/24 Compensation Plan. FINANCIAL IMPACT: The Fiscal Year (FY) 2023/24 Mid-Year budget review proposes a total increase in estimated resources of $795,340 and a total increase in appropriations of $592,230 for all funds (see table below). The impact for the General Fund is an estimated addition of $431,610 to the General Fund’s fund balance. Proposed revisions to resources and appropriations, including estimated fund balances at the end of the current FY 2023/24 are included in the attached Exhibit A (Attachment 2), and are discussed throughout the report as summarized below: 7.1 Packet Pg. 106 FY 2023/24 Recommended Mid-Year Adjustments Fund Resources Appropriations Addition/(Use) of Fund Balance General Fund 759,340$ 327,730$ 431,610$ Other Governmental Funds General Plan Revision Fund (103)- 7,500 (7,500) Technology Reserve Fund (104)- 36,000 (36,000) Measure W Fund (201)- 101,000 (101,000) Prop. A Fund (206)- 8,000 (8,000) TDA Fund (209)- 40,000 (40,000) Measure M Fund (203)- (40,000) 40,000 Internal Service Funds Vehicle Maint./Repl Fund (502)- 11,000 (11,000) Equipment Repl./Maint. Fund (503)36,000 36,000 - Bldg. & Facility Maint. Fund (504)- 65,000 (65,000) Total 795,340$ 592,230$ 203,110$ BACKGROUND: The City Council adopted Resolution No. 2023-16 on June 6, 2023 approving the FY 2023/24 Adopted Budget. The City Council has since approved additional appropriations as they have occurred throughout the year, as well as carry -over requests from FY 2022/23. It is City policy for staff and the City Council to periodically review the annual budget and make any additional adjustments as deemed necessary. Staff has conducted the mid-year review of the FY 2023/24 Adopted Budget, evaluated current revenue and expenditure trends, and confirmed the status of capital improvement projects. Based on this review, a Resolution amending the FY 2023/24 Adopted Budget is proposed for City Council consideration. ANALYSIS: The City’s current Revised General Fund Budget for FY 2023/24 estimates anticipated resources to be $30,614,475. It is recommended that these resource estimates be increased by $759,340 to $31,373,815. The current Revised General Fund Budget for FY 2023/24 includes appropriations totaling $36,775,318 (Adopted Budget plus City Council amendments and carryovers). It is recommended that this budget be increased by $327,730 to $37,103,048. As a result of these actions, the General Fund’s fund balance reserves will increase by $431,610. If approved, these recommended changes in estimated resources and uses are expected to leave the General Fund with an unassigned fund balance of $18,643,982 and a 25% contingency reserve balance of $7,981,243 at the end of the fiscal year, which reflects a decrease of $5.73 million in unassigned fund balance from the prior year ending June 30, 2023. As mentioned in previous reports to the City Council, the utilization of unassigned fund balance in the amount of $5.73 million will fund the transfer-out of 80% of the prior year’s surplus to reserve accounts dedicated to facilities and parks, as well as appropriations for new FY 7.1 Packet Pg. 107 2023/24 one-time capital projects and carryover appropriations for ongoing capital projects. FY 2023/24 Changes to the General Fund Budget FY 2023/24 Council Budget Recommended Total Adopted Approved Carryovers Mid-Year Revised Budget Amendments (from prior year)Adjustment Budget Resources Revenues & Transfers-In 30,614,475$ -$ -$ 759,340$ 31,373,815$ Uses Exenditures & Transfers-Out 31,924,971 3,374,506 (b)1,475,841 (c)327,730 37,103,048$ Fund Balance Impact Increase/(Decrease)(1,310,496) (a)(3,374,506)$ (1,475,841)$ 431,610$ (5,729,233)$ Ending Unassigned Fund Balance June 30, 2024 23,062,719$ 18,643,982$ 25% Emergency/Contingency Reserve Balance 7,981,243 7,981,243 Total Fund Balance June 30, 2024 31,043,962$ 26,625,225$ (a) Adopted Budget includes use of $1.3mm fund balance for one-time projects and CIPs (b) Includes $2.4mm in reserve funding for Park Dev. Fund (262) and Bldg. Maint Fund (504) (c) Includes $1.3mm in carryover funding for CIPs General Fund Revenues: In preparation for the mid-year budget review, staff examined the City’s revenue sources to ensure valid revenue estimates based on current trends and activities. The below table includes a summary of proposed changes to the General Fund revenue estimates. Included within the revised estimates is an increase in sales tax revenues consistent with current trends, an increase in Diamond Bar Center rental revenues due to increased rental activity, and an increase in cost reimbursement revenue for the cost to prepare the City’s Housing Element. All other revenue sources are currently trend ing as anticipated in the Adopted Budget. FY 2023/24 Mid-Year Adjustments General Fund Revenues REVENUE SOURCE AMOUNT DESCRIPTION Sales Tax 500,000$ Additional revenue from County Pool and Business/Industry Category Diamond Bar Center Rentals 100,000 Rental activity consistent with prior year Cost Reimbursements 159,340 In March 2020, the California Department of Housing and Community Development (HCD) awarded the City a $160,000 Planning Grant from the Building Homes and Jobs Trust Fund (SB 2) to offset the City’s costs to prepare the Sixth Cycle Housing Element. In September 2023, the City submitted an invoice to HCD for reimbursement of the actual costs incurred, and on December 21, 2023, the City received a check in the amount of $159,341. GENERAL FUND TOTAL REVENUE 759,340$ 7.1 Packet Pg. 108 General Fund Expenditures: The recommended adjustments to General Fund appropriations are listed in the table below. FY 2023/24 Mid-Year Adjustments General Fund Expenditures DEPARTMENT AMOUNT DESCRIPTION City Manager's Office - City Attorney 37,000$ Unanticipated special litigation fees for City Prosecutor services City Manager's Office - Economic Development 15,600 Adjustment needed to reflect expanded program activity for publications, meetings and training Public Safety - Animal Control 25,000 Additional funds for contracted IVHS services based on current licensing trends Human Resources 8,000 Health care and insurance premium cost increases Planning 1,500 On-call environmental services for Environmental Impact Report/Traffic Impact Study Building & Safety 3,130 Rental of additional storage unit and misc. supplies Parks & Recreation (8,000) Program savings from Winter Snowfest, Halloween Party, Concerts in the Park Public Works 23,500 Replace stolen tools & equipment needed for Diamond Bar Center, Civic Center, Parks & Facilities, and Grounds/Buildings Maint. Public Works 5,000 Janitorial/cleaning supplies for Diamond Bar Center due to increased usage Public Works 20,000 Replacement of the swing gate for Diamond Bar Center Grand Avenue entrance due to vehicle collision Public Works 10,000 Additional funding for on-call geotechnical services needed for Diamond Bar Blvd. slope distress evaluation Public Works 44,500 Increases in Civic Center utility costs: Electric Utility: $43,000 due to higher rates and consumption; Water Utility: $1,500 due to consumption Public Works 7,500 Increases in Parks & Facilities electric utility costs Public Works 85,000 Maintenance of Grounds/Buildings: $25,000 for new wood chips at City Parks (Pantera & Diamond Canyon), $60,000 for playground equip. repairs and new wood chips at Sycamore Cyn Park Public Works 50,000 Contracted traffic signal maintenance due to increased number of traffic accidents GENERAL FUND TOTAL EXPENSE 327,730$ 7.1 Packet Pg. 109 Departmental Reorganizations – The City Council Strategic Plan prioritizes the development of a high-performing organization with a positive, value -based culture that attracts and retains talent. The Employer of Choice and Human Capital Investment Programs were developed to meet these City Council goals, leading to extensive organizational analysis of long-term departmental structural needs, employee development opportunities, and necessary succession planning efforts, all in an effort to provide the most positive and effective local government customer service experience possible. To develop the most appropriate departmental succession planning structures, recognize increased responsibilities, and to invest in retaining high-performing employees, it is recommended that following positions be reclassified as indicated below. Dept./Division Current Classification Proposed Reclassification Number of Staff Salary Range Finance Accounting Technician Senior Accounting Technician (new) 2 21NE Parks & Recreation Recreation Specialist Recreation Coordinator 4 17NE Public Works Maintenance Worker Senior Maintenance Worker 2 10NE Public Works Public Works Inspector Senior Public Works Inspector (new) 1 23NE The total FY 2023/24 cost to implement these nine (9) reclassifications is approximately $15,000 for the General Fund and $3,000 for various special funds. Due to current salary savings, the FY 2023/24 Budget is adequate to fund the cost of implementing these reclassifications. It is anticipated that the General Fund cost for next FY 2024/25 for all nine reclassifications will be less than $38,000, with the remaining balance of $9,000 paid for out special funds. The proposed changes to the FY 2023/24 Compensation Plan are included in the attached Exhibit A (Attachment 4). Other Governmental Funds and Internal Service Funds: The following table summarizes the proposed changes in revenue and expenditures for various other Governmental Funds and Internal Service Funds. In addition to the below requests, staff anticipates the imminent need to replace essential IT equipment that is now at end-of-life, including the security access control system for Diamond Bar Center and City Hall, security cameras at City Hall, and (2) multi-function printers. The aforementioned procurement requests, along with any necessary appropriations, will be brought separately to the City Council upon conclusion of their respective bidding processes. 7.1 Packet Pg. 110 FY 2023/24 Mid-Year Adjustments Special Funds, Special Revenue Funds and Internal Service Funds FUND REVENUE EXPENSE DESCRIPTION SPECIAL FUNDS: General Plan Revision Fund (103)7,500$ Town Center Specific Plan Traffic Impact Analysis Technology Reserve Fund (104)36,000 Transfer-Out to Equipment Maint. Fund (503) for replacement SPECIAL REVENUE FUNDS: Measure W Fund (201)86,000 Late invoice received for FY 22-23 Lower San Gabriel River Watershed Management Program Measure W Fund (201)15,000 Diamond Cyn Park catch basin cleanup & maintenance Prop. A Fund (206)8,000 Additional shuttle service for City Birthday Party TDA Fund (209)40,000 Repl. Measure M. Funds with TDA Funds for Grand/Golden Springs Dr. Intersection Enhancement (CIP# PW18400) Measure M Fund (203)(40,000) Repl. Measure M. Funds with TDA Funds for Grand/Golden Springs Dr. Intersection Enhancement (CIP# PW18400) INTERNAL SERVICE FUNDS: Vehicle Maint./Repl Fund (502)11,000 Increased cost of vehicle maint. Equipment Repl./Maint. Fund (503)36,000 Transfer-In from Technology Reserve Fund (104) Equipment Repl./Maint. Fund (503)6,000 Replace end-of-life security camera sys. (purchased 2016) at Sycamore Cyn Park Equipment Repl./Maint. Fund (503)30,000 Replace end-of-life wifi network equip. (purchased 2017) at Diamond Bar Center Bldg. & Facility Maint. Fund (504)65,000 City Hall rooftop boiler replacement (equipment is original to bldg) OTHER FUNDS TOTAL 36,000$ 264,500$ PREPARED BY: 7.1 Packet Pg. 111 REVIEWED BY: Attachments: 1. 7.1.a Resolution No. 2024-05 FY 2023/24 Mid-Year Budget 2. 7.1.b Exhibit A - FY 2023/24 Mid Year Adjustments & Fund Balances 3. 7.1.c Resolution No. 2024-06 FY 2023/24 Compensation Plan 4. 7.1.d Exhibit A - Revisions to FY 23-24 Compensation Plan Feburary 24 2024 7.1 Packet Pg. 112 RESOLUTION NO. 2024-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FISCAL YEAR 2023/24 MUNICIPAL BUDGET WHEREAS, the City Council adopted Resolution No. 2023-16 approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 including maintenance and operations, special funds and capital improvements and appropriating funds for all funds, departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amen d the Budget from time to time throughout the fiscal year; and WHEREAS, an Amendment to the Budget has been presented to the City Council for consideration at the City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby approves amendments to the Fiscal Year 2023-24 Adopted Budget as set forth in the attached Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit A. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. 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 20th day of February, 2024. CITY OF DIAMOND BAR _________________________ Stan Liu, Mayor 7.1.a Packet Pg. 113 Resolution No. 2024-05 2 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of February, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 7.1.a Packet Pg. 114 Fund #Fund Title Estimated FB Reserves @ 07/01/23 Revenues Transfers In City Council Adjustments & Prior Year Carryovers Requested Mid-Year Adjustment Total Resources Appropriations Transfers Out City Council Adjustments & Prior Year Carryovers Requested Mid-Year Adjustment Total Uses Estimated FB Reserves @ 06/30/24 Addition/(Use) of Fund Balance 100 General Fund 32,354,458$ 29,138,975$ 1,475,500$ -$ 759,340$ 31,373,815$ $28,453,786 $3,471,185 $4,850,347 $327,730 $37,103,048 26,625,225$ (5,729,233)$ 101 Com Organization Support Fund 2,062 - 20,000 - - 20,000 20,000 - - - 20,000 2,062 - 102 Law Enforcement Reserve Fund 941,362 - - - - - - 100,000 185,000 - 285,000 656,362 (285,000) 103 General Plan Revision Fund 518,504 - 207,000 - - 207,000 197,000 - 426,436 7,500 630,936 94,568 (423,936) 104 Technology Reserve Fund 591,346 75,930 100,000 - - 175,930 - - - 36,000 36,000 731,276 139,930 105 OPEB Reserve Fund 291,182 - 40,000 76,000 - 116,000 20,000 88,000 - - 108,000 299,182 8,000 106 COVID-19 Recovery Fund (105,636) - - - - - - - - - - (105,636) - 107 Homelessness Response Fund - - 50,000 - - 50,000 50,000 - - - 50,000 - - 201 Measure W 1,572,837 838,000 - - - 838,000 547,537 300,000 830,554 101,000 1,779,091 631,746 (941,091) 202 Road Maint. & Rehab (RMRA)4,081,077 1,371,796 - - - 1,371,796 - 4,050,000 1,264,384 - 5,314,384 138,489 (3,942,588) 203 Measure M Fund 2,079,201 1,111,903 - - - 1,111,903 14,305 1,200,000 1,848,936 (40,000) 3,023,241 167,863 (1,911,338) 204 Measure R Fund 1,279,993 979,061 - - - 979,061 14,305 1,175,000 985,443 - 2,174,748 84,306 (1,195,687) 205 Gas Tax Fund 776,637 1,557,355 - - - 1,557,355 66,000 1,604,000 513,992 - 2,183,992 150,000 (626,637) 206 Prop A - Transit Fund 1,934,977 1,782,254 - - - 1,782,254 905,636 - - 8,000 913,636 2,803,595 868,618 207 Prop C - Transit Fund 3,293,151 1,308,915 - - - 1,308,915 728,931 2,564,000 638,379 - 3,931,310 670,756 (2,622,395) 208 MAP-21 Fund 1,072 - - - - - - - - - - 1,072 - 209 SB821 Trails (TDA)25,001 63,420 - - - 63,420 - 33,650 273 40,000 73,923 14,498 (10,503) 210 MTA Grants Fund (56,599) - - - - - - - - - - (56,599) - 225 Community Dev Block Grant Fd 22 335,699 - - 335,699 189,918 145,464 194,450 - 529,832 (194,110) (194,133) 226 CASP (SB1186) Fund 26,331 8,200 - - - 8,200 - - - - - 34,531 8,200 238 Landscape Maint Dist - 38 - 276,720 218,097 - - 494,817 494,817 - 8,939 - 503,756 (8,939) (8,939) 239 Landscape Maint Dist - 39 295,397 642,890 42,560 - - 685,450 616,005 - - - 616,005 364,842 69,445 241 Landscape Maint Dist - 41 157,185 301,806 11,298 - - 313,104 300,088 - - - 300,088 170,201 13,016 245 Street Beautification 336,939 2,400 - - - 2,400 - - - - - 339,339 2,400 246 Traffic Mitigation Fund 8,091,761 81,600 - - - 81,600 - - - - - 8,173,361 81,600 247 Sewer Mitigation Fund 57,235 400 - - - 400 - - - - - 57,635 400 248 Tres Hermanos 6,910 - 100,000 - - 100,000 100,000 - - - 100,000 6,910 - 250 Integrated Waste Mgt Fund 1,973,611 641,226 - - - 641,226 750,793 10,000 46,690 - 807,483 1,807,354 (166,257) 251 Air Quality Improvement Fd 211,290 74,000 - - 74,000 74,000 100,000 32,000 - 206,000 79,290 (132,000) 252 Waste Hauler Fund 335,429 158,300 - - - 158,300 - 250,000 146,004 - 396,004 97,725 (237,704) 253 Used Oil Grant 28,823 8,757 - - - 8,757 9,900 - - - 9,900 27,680 (1,143) 254 Beverage Recycling Grant 107,483 15,017 - - - 15,017 37,300 - - - 37,300 85,200 (22,283) 255 LRSP Grant Fund (92) - - - - - - - - - - (92) - 256 Hazard Mitigation Grant Fund 5,187 22,500 - - - 22,500 - - - - - 27,687 22,500 260 Park Fees (Quimby) Fd 125,981 500 - - - 500 - - - - - 126,481 500 261 Measure A Neigh. Parks Act (184,000) 184,000 - - - 184,000 - - 1,000 - 1,000 (1,000) 183,000 CITY OF DIAMOND BAR Mid-Year Budget Review Fiscal Year 2023/24 SOURCES USES EXHIBIT - A 7.1.b Packet Pg. 115 Fund #Fund Title Estimated FB Reserves @ 07/01/23 Revenues Transfers In City Council Adjustments & Prior Year Carryovers Requested Mid-Year Adjustment Total Resources Appropriations Transfers Out City Council Adjustments & Prior Year Carryovers Requested Mid-Year Adjustment Total Uses Estimated FB Reserves @ 06/30/24 Addition/(Use) of Fund Balance CITY OF DIAMOND BAR Mid-Year Budget Review Fiscal Year 2023/24 SOURCES USES 262 Park & Facility Development Fd 1,441,659 7,300 - 1,204,585 - 1,211,885 - 500,000 711,623 - 1,211,623 1,441,921 262 263 Prop A - Safe Neigh. Pks Fd - - - - - - - - - - - - - 270 PEG Fees Fund 706,894 103,800 - - - 103,800 100,000 - 300,000 - 400,000 410,694 (296,200) 280 Citizens Option for Public Sfty Fd 353,280 166,200 - - - 166,200 10,000 152,500 - - 162,500 356,980 3,700 281 CA Law Enforcement Eq Fund 8,351 - - - - - - 9,000 - - 9,000 (649) (9,000) 301 Capital Improvement Project Fd (485,099) 302,850 11,728,114 10,182,833 - 22,213,797 12,030,964 - 9,697,311 - 21,728,275 423 485,522 401 Debt Service Fund 1,560 50 716,100 - - 716,150 716,100 - - - 716,100 1,610 50 501 Self Insurance Fund 954,977 10,000 609,380 - - 619,380 609,380 - - - 609,380 964,977 10,000 502 Vehicle Maint & Replacement Fd 325,899 2,000 246,750 32,000 - 280,750 224,750 - 107,457 11,000 343,207 263,442 (62,457) 503 Equipment Maint & Repl Fd 2,109,780 68,000 - - 36,000 104,000 1,727,500 - 262,096 36,000 2,025,596 188,184 (1,921,596) 504 Building Facility & Maint Fund 1,111,150 10,800 100,000 1,204,585 - 1,315,385 201,000 - 74,900 65,000 340,900 2,085,635 974,485 601 OPEB Trust Fund 645,436 26,600 88,000 - - 114,600 - - - - - 760,036 114,600 - - Grand Totals 68,330,002 41,679,224 15,752,799 12,700,003 795,340 70,927,366 49,210,015 15,752,799 23,126,214 592,230 88,681,258 50,576,111 (17,753,892) EXHIBIT - A 7.1.b Packet Pg. 116 RESOLUTION NO. 2024-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AMENDING CITY OF DIAMOND BAR COMPENSATION PLAN AND FRINGE BENEFITS FOR FY 2023-2024. WHEREAS, the City Council of the City of Diamond Bar adopted and amended the City of Diamond Bar Compensation Plan (hereafter, the “Plan”) by adoption of Resolution No. 2023-19 for Fiscal Year 2023-24; and WHEREAS, the City Council of the City of Diamond Bar desires to revise the Plan to include a new full-time FLSA non-exempt classification titled, Senior Accounting Technician, at salary grade 21NE ($66,302 - $88,852.29); and WHEREAS, the City Council of the City of Diamond Bar desires to revise the Plan to include a new full-time FLSA non-exempt classification titled, Senior Public Works Inspector, at salary grade 23NE ($69,659.55 - $93,350.47); and WHEREAS, the City Council of the City of Diamond Bar desires to reclassify two full-time Accounting Technicians to Senior Accounting Technicians positions, one full - time Public Works Inspector to Senior Public Works Inspector, two full-time Maintenance Workers to Senior Maintenance Worker positions and four full-time Recreation Specialists to Recreation Coordinator positions; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Baras follows: Section 1. Schedule C of the Compensation and Benefits Plan adopted by Resolution 2023-19 is hereby replaced in its entirety with Exhibit A attached hereto which shall become effective February 24, 2024. Section 2. The following two new full-time non-exempt positions are hereby established as part of the City’s classification plan and salary schedule: Senior Accounting Technician at salary grade 21NE, and Senior Public Works Inspector at salary grade 23NE. Section 3. Two full-time Accounting Technician positions shall be reclassified to Senior Accounting Technician positions, one full-time Public Works Inspector position shall be reclassified to a Senior Public Works Inspector position, two full -time Maintenance Worker positions shall be reclassified to Senior Maintenance Worker positions and four full-time Recreation Specialist positions shall be reclassified to Recreation Coordinator positions. Section 4. 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. 7.1.c Packet Pg. 117 Resolution No. 2024-06 2 PASSED, APPROVED AND ADOPTED this 20th day of February 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of February 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Attachments: “Exhibit A” Compensation and Benefits Plan effective February 24, 2024 7.1.c Packet Pg. 118 GRADE CLASSIFICATION A B C D E F G 6NE Maintenance Worker $22.01 $23.11 $24.27 $25.48 $26.75 $28.09 $29.49 $1,760.77 $1,848.80 $1,941.24 $2,038.31 $2,140.22 $2,247.23 $2,359.59 $3,814.99 $4,005.74 $4,206.03 $4,416.33 $4,637.15 $4,869.01 $5,112.46 $45,779.92 $48,068.91 $50,472.36 $52,995.98 $55,645.78 $58,428.06 $61,349.47 7NE Recreation Specialist $22.56 $23.69 $24.87 $26.12 $27.42 $28.79 $30.23 Senior Office Specialist $1,804.78 $1,895.02 $1,989.77 $2,089.26 $2,193.73 $2,303.41 $2,418.58 $3,910.37 $4,105.88 $4,311.18 $4,526.74 $4,753.07 $4,990.73 $5,240.26 $46,924.40 $49,270.62 $51,734.15 $54,320.85 $57,036.90 $59,888.74 $62,883.18 10NE Senior Maintenance Worker $24.29 $25.51 $26.78 $28.12 $29.53 $31.01 $32.56 $1,943.56 $2,040.73 $2,142.77 $2,249.91 $2,362.40 $2,480.52 $2,604.55 $4,211.04 $4,421.59 $4,642.67 $4,874.80 $5,118.54 $5,374.47 $5,643.19 $50,532.46 $53,059.08 $55,712.04 $58,497.64 $61,422.52 $64,493.65 $67,718.33 14NE Administrative Assistant $26.82 $28.16 $29.57 $31.04 $32.60 $34.23 $35.94 Permit Technician $2,145.32 $2,252.59 $2,365.22 $2,483.48 $2,607.65 $2,738.04 $2,874.94 $4,648.20 $4,880.61 $5,124.64 $5,380.87 $5,649.92 $5,932.41 $6,229.03 $55,778.39 $58,567.31 $61,495.67 $64,570.46 $67,798.98 $71,188.93 $74,748.38 17NE Accounting, HR, Network/Systems, $28.88 $30.32 $31.84 $33.43 $35.10 $36.86 $38.70 Planning, Engineering Technician $2,310.28 $2,425.79 $2,547.08 $2,674.44 $2,808.16 $2,948.56 $3,095.99 Recreation Coordinator $5,005.60 $5,255.88 $5,518.68 $5,794.61 $6,084.34 $6,388.56 $6,707.98 Senior Administrative Assistant $60,067.22 $63,070.58 $66,224.11 $69,535.31 $73,012.08 $76,662.68 $80,495.82 Public Works Inspector 18NE Neighborhood Improvement Officer $29.60 $31.08 $32.63 $34.27 $35.98 $37.78 $39.67 Media Specialist $2,368.03 $2,486.44 $2,610.76 $2,741.30 $2,878.36 $3,022.28 $3,173.39 $5,130.74 $5,387.28 $5,656.64 $5,939.47 $6,236.45 $6,548.27 $6,875.68 $61,568.88 $64,647.33 $67,879.69 $71,273.68 $74,837.36 $78,579.23 $82,508.19 19NE Facilities & Asset Maintenance Tech.$30.34 $31.86 $33.45 $35.12 $36.88 $38.72 $40.66 $2,427.23 $2,548.60 $2,676.03 $2,809.83 $2,950.32 $3,097.84 $3,252.73 $5,259.01 $5,521.96 $5,798.06 $6,087.96 $6,392.36 $6,711.98 $7,047.58 $63,108.11 $66,263.51 $69,576.69 $73,055.52 $76,708.30 $80,543.71 $84,570.90 21NE Administrative Coordinator $31.88 $33.47 $35.14 $36.90 $38.75 $40.68 $42.72 Executive Assistant $2,550.11 $2,677.62 $2,811.50 $2,952.07 $3,099.68 $3,254.66 $3,417.40 Accountant $5,525.25 $5,801.51 $6,091.58 $6,396.16 $6,715.97 $7,051.77 $7,404.36 Permit Services Coordinator $66,302.95 $69,618.09 $73,099.00 $76,753.95 $80,591.65 $84,621.23 $88,852.29 Senior Accounting Technician 23NE Assistant Engineer $33.49 $35.16 $36.92 $38.77 $40.71 $42.74 $44.88 Assistant Planner $2,679.21 $2,813.17 $2,953.83 $3,101.52 $3,256.60 $3,419.43 $3,590.40 Sr. Neighborhood Improvement Officer $5,804.96 $6,095.21 $6,399.97 $6,719.97 $7,055.97 $7,408.77 $7,779.21 Sr. Public Works Inspector $69,659.55 $73,142.53 $76,799.66 $80,639.64 $84,671.62 $88,905.21 $93,350.47 Effective February 24, 2024 Approved by City Council on February 20, 2024 Schedule CCITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2023 - 2024 FULL-TIME NON-EXEMPT BENEFITED POSITIONS EXHIBIT - A 7.1.d Packet Pg. 119 Agenda #: 7.2 Meeting Date: February 20, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ADDITIONAL CITY COUNCIL RECOGNITION OPTIONS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Discuss and provide direction as deemed appropriate. FINANCIAL IMPACT: None. BACKGROUND: At the February 6, 2024 meeting, Mayor Liu proposed that the City Council consider recognizing community members and organizations that positively contribute to the City at Council meetings on a more regular basis. Based on consensus of the Council, this item has been placed on the agenda for further consideration and discussion. By way of background, the City Council has established a formal Recognition Policy dating back to 1990, and was last updated in 2019. A copy of City Council Policy 2019 - 02 is included in Attached 1 for reference. The Recognition Policy actively seeks to recognize noteworthy contributions and achievements of individuals and organizations that benefit the community. The Recognition Policy sets standards and criteria for such recognition including applicability, and the types of recognition whether by Certificate, Certificate Plaque, Proclamation, City tile or other forms of special recog nition. Policy Section 3.1.3 indicates that: “Recognition may be only issued to individuals, organizations or businesses that have a clear nexus to Diamond Bar.” Requests for City Council recognition can be made on -line by members of the public and are approved at the discretion of the Mayor (Policy Section 3.1.1) provided they are consistent with the Policy. In some instances, requests come directly through individual Council Members and are coordinated with the Mayor for approval. 7.2 Packet Pg. 120 Over the past two years (2022 & 2023), a total of 508 Certificates, 46 Certificate Plaques, and 24 Proclamations have been issued. Many of the Certificates were presented at functions or events other than City Council meetings. However, the following is a list of those individuals or groups recognized at a Council meeting: • Through My Lense Photo Contest Winners (2022 & 2023) • Diamond Bar Girls Softball 10U All-Stars (2023) • Diamond Bar Girls Softball 8U All-Stars (2023) • Western States Champions Diamond Bar AYSO 14U Girls Team (2023) • VEX IQ Robotics World Championship (2023) • American Association of University of Women Speech Trex Contest Winners (2023) • Commemorating 70 years of service to the Greater Los Angeles Couty Vector Control District (2022) • Armando Macias for reaching 100 Years of Age (2022) The City has also established other recognition programs which include: • Outstanding Volunteer Award Program - The Outstanding Volunteer Award Program recognizes the volunteer efforts of those individuals, groups, organizations and businesses that help improve the lives of community members. Nominations for this award are solicited from the community at large. Award recipients are recognized at the City’s Birthday celebration, or the Winter SnowFest in alternate years. The nomination period is currently open through March 18, 2024 and can be made on the City’s website, with awards to be presented at the City’s 35th Birthday Celebration on April 6, 2024. • Veterans Recognition - As part of the Annual Veterans Celebration in November each year, the City recognizes and pays tribute to our local veterans, including special recognition and video highlights featuring several local veterans. DISCUSSION: The following options are offered to help frame the discussion and possible Council direction: • Continue to work within Recognition Policy 2019-02. Each Council Member can request the Mayor to approve Certificates, Certificate Plaques, and Proclamations consistent with such Policy, and for such recognition to be presented at a Council Meeting. Council Members are encouraged to coordinate such recognition with staff for scheduling at an upcoming meeting which can be balanced throughout the year. • Provide direction to develop additional opportunities for recognition as deemed appropriate. 7.2 Packet Pg. 121 PREPARED BY: REVIEWED BY: Attachments: 1. 7.2.a 2019-02 Recognition Policy 7.2 Packet Pg. 122 City Council Policy Number: 2019-02 Reviewed: As-Needed Effective Date: 10/1/2019 City Council Policy 2019-02 Effective Date: October 1, 2019 Page 1 of 3 Recognition Policy 1. Purpose 1.1 To establish formal procedures for the issuance of City Council recognition. 2. Policy 2.1 The Diamond Bar City Council actively seeks to recognize noteworthy contributions and achievements of individuals and organizations that benefit the community by setting clear standards for such recognition. 3. Procedure 3.1 General Provisions 3.1.1 All forms of Recognition are issued at the discretion of the Mayor on behalf of the entire City Council. Recognition is not issued on behalf of an individual or group of Council Members. 3.1.2 Commissions may not issue any official recognition on behalf of the City and Commissioners may not issue any official recognition in their capacity as Commissioners. 3.1.3 Recognition may be issued only to individuals, organizations or businesses that have a clear nexus to Diamond Bar. 3.1.4 Recognition will not be issued for campaigns or events contrary to city policy, matters of politics, or for personal ideological or religious beliefs. 3.1.5 The City Manager is authorized to implement an administrative process to manage and track requests for recognition by the City Council. 3.2 Certificates 3.2.1 Certificates are official documents of the City Council bearing the signatures of the entire City Council. 3.2.2 Certificates may be awarded to recognize events and achievements including, but not limited to: 7.2.a Packet Pg. 123 City Council Policy 2019-02 Effective Date: October 1, 2019 Page 2 of 3 3.2.2.1 Special events such as conferences, conventions, seminars, and professional celebrations. 3.2.2.2 Milestones, achievements and celebrations. 3.2.2.3 Academic achievements (individual, group or team). 3.2.2.4 Athletic achievements (individual, group or team). 3.2.2.5 Acts of volunteerism or service. 3.2.2.6 Business grand openings and ribbon cuttings. 3.2.2.7 Any other event or achievement which, at the Mayor’s discretion, merits a certificate. 3.3 Certificate Plaques 3.3.1 Certificate Plaques may be awarded to recognize events and achievements with greater significance, including, but not limited to: 3.3.1.1 New Business of the Month. 3.3.1.2 Significant acts of volunteerism or service, including Volunteer of the Year. 3.3.1.3 Individual or organization achievement or service by board members or executive officers. 3.3.1.4 Honorable retirement of a City employee with more than five years of service in Diamond Bar. 3.3.1.5 Any other event or achievement which, at the Mayor’s discretion, merits a Certificate Plaque. 3.4 Proclamations 3.4.1 Proclamations are official documents of the City Council prepared to commemorate or create awareness of a special occasion, event, or issue. Proclamations are often presented at City Council meetings. 3.4.2 Proclamations do not constitute endorsement by the City. 3.5 City Tiles 3.5.1 City Tiles may be awarded to recognize the most significant events and achievements, including, but not limited to: 7.2.a Packet Pg. 124 City Council Policy 2019-02 Effective Date: October 1, 2019 Page 3 of 3 3.5.1.1 Honorable completion of office by an elected official or appointed City commissioner. 3.5.1.2 Legislators representing Diamond Bar. 3.5.1.3 Recognition of dignitaries. 3.5.1.4 Business of the month. 3.5.1.5 Miss Diamond Bar. 3.5.1.6 Honorable retirement of a City employee with more than ten years of service in Diamond Bar. 3.5.1.7 Any other event or achievement which, at the Mayor’s discretion, merits a City Tile. 3.6 Key to the City 3.6.1 The Key to the City is the City’s most prestigious honor and should be issued with great discretion. 3.6.2 The Key to the City may be issued to recognize the following: 3.6.2.1 Achievements or acts that reflect positively on the City on a state or national level. 3.6.2.2 Honorable retirement of City employee after a minimum of twenty years of exemplary service. 4. References 4.1 This Policy supersedes City Council Policy C-3, Presentation of Certificates, Plaques and City Tiles by City Council dated April 17, 1990. 7.2.a Packet Pg. 125 1 Kristina Santana From:adam_angulo@yahoo.com Sent:Monday, February 19, 2024 3:13 PM To:Kristina Santana Subject:Proposal for Increasing Pay for Part-Time Staff at the City of Diamond Bar Follow Up Flag:Follow up Flag Status:Flagged CAUTION: This message originated outside of our City of Diamond Bar network.  CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking  links, especially from unknown senders.  Dear City Council Members,    I am hoping you are all having a good day as you read this email. My name is Adam Angulo, and I have been a dedicated  member of the Diamond Bar community for many years, serving as a part‐time employee for the city since 2005. Initially  hired as a Park Maintenance Helper, I have since transitioned to the role of Facility Attendant, primarily stationed at the  Diamond Bar Center.    Throughout my tenure with the city, I have witnessed firsthand the invaluable contributions made by part‐time staff  members like myself to the smooth functioning and vibrant spirit of our community. Despite our dedication and hard  work, it has become increasingly challenging to make ends meet with the current level of compensation.    I am writing to urge the City Council to consider making a case for an increase in pay for all part‐time staff members  across the city of Diamond Bar. As the cost of living continues to rise, it is crucial that our wages reflect the value of our  services and the commitment we have shown to our roles over the years.    Not only would an increase in pay help alleviate financial strains for part‐time staff members, but it would also serve as a  recognition of our efforts and dedication to serving the residents of Diamond Bar. Furthermore, it would contribute to  boosting morale and retaining experienced individuals within the city workforce.    In my role at the Diamond Bar Center, I have had the privilege of interacting with members of our community on a daily  basis. I have seen firsthand the positive impact that our facilities and programs have on the lives of residents. By  investing in the well‐being of part‐time staff members, we are ultimately investing in the overall vitality and prosperity  of Diamond Bar.    I understand that budget considerations are always a factor in such decisions, but I believe that by prioritizing the fair  compensation of part‐time staff, the City Council can demonstrate its commitment to equity and valuing the  contributions of all employees.    Thank you for taking the time to consider this proposal. I am hopeful that together we can work towards a solution that  ensures a brighter and more sustainable future for all members of the Diamond Bar community.    Sincerely,  Adam Angulo   Facility Attendant  City of Diamond Bar