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2024.07.16 Agenda Packet - Regular Meeting
City Council Agenda Tuesday, July 16, 2024 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 (415) 930-5321, Access Code: 518-666-030 OR visit: https://attendee.gotowebinar.com/register/9148924545042242650. 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/9148924545042242650. 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. 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 their 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/9148924545042242650 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 16, 2024 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Sung Kim, Gateway Friends Church Executive Pastor ROLL CALL: Chou, Low, Tye, Mayor Pro Tem Teng, Mayor Liu APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Certificates of Recognition for Diamond Bar AYSO G10 Girl All Star Team 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. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Concerts in the Park/Movies Under the Stars – Continues each Wednesday through July 31, 2024, 6:30 – 9:30 p.m., Summitridge Park, 1425 Summitridge Dr. 4.2 Free Catalytic Converter Etching – July 17, 2024, 9:00 – 11:00 a.m., Calvary Chapel Golden Springs, 22324 Golden Springs Dr. 4.3 Planning Commission Meeting – July 23, 2024, 6:30 p.m., online teleconference and Windmill Room, 21810 Copley Dr. 4.4 Parks and Recreation Commission Meeting – July 25, 2024, 6:30 p.m., online teleconference and Windmill Room, 21810 Copley Dr. 4.5 Coffee with a Cop – July 27, 2024, 8:00 – 10:00 a.m., Starbucks, (Super H Mart Plaza) 2837 S. Diamond Bar Blvd. 4.6 City Council Meeting – August 6, 2024, 6:30 p.m., online teleconference and SCAQMD Main Auditorium, 21865 Copley Dr., 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 JUNE 18, 2024 REGULAR MEETING. 5.1.a June 18, 2024 City Council Regular Meeting Minutes Recommended Action: Approve the June 18, 2024 Regular City Council meeting minutes. Requested by: City Clerk 5.2 RATIFICATION OF CHECK REGISTER DATED JUNE 12, 2024 THROUGH JULY 9, 2024 TOTALING $3,114,782.97. Recommended Action: Ratify the Check Register. Requested by: Finance Department 5.3 TREASURER'S STATEMENT. Recommended Action: Approve the June 2024 Treasurer’s Statement. Requested by: Finance Department 5.4 DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING ELEMENT AND TO CONFORM WITH STATE LAW (PL 2022-59). Recommended Action: Approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2024) (Development Code Amendment No. PL2022 - 59): “Ordinance No. 03 (2024): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS. Requested by: Community Development Department 5.5 CONSULTANT SERVICES AGREEMENT WITH ZERO FOODPRINT FOR SB 1383 RECOVERED ORGANIC WASTE PRODUCT (ROWP) PROCUREMENT THROUGH JUNE 30, 2026. Recommended Action: Approve and authorize the City Manager to sign the Consultant Services Agreement with Zero Foodprint. Requested by: City Manager 5.6 SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC. FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2025. Recommended Action: Approve and authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Absolute International Security, Inc through June 30, 2025. Requested by: Parks & Recreation Department 5.7 PROFESSIONAL SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR CONTRACTED TENNIS & YOUTH PICKLEBALL INSTRUCTION THROUGH JUNE 30, 2027. Recommended Action: Approve and authorize the City Manager to sign the Professional Services Agreement with Tennis Anyone, Inc. to provide contract tennis and youth pickleball instruction from July 16, 2024 through June 30, 2027. Requested by: Parks & Recreation Department 5.8 CONSTRUCTION AGREEMENT WITH PTM GENERAL ENGINEERING SERVICES, INC. FOR THE INTERSECTION SAFETY IMPROVEMENTS PROJECT (CIP# TI24301) FUNDED UNDER THE STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM. Recommended Action: A. Determine that approving the proposed Project is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines; B. Adopt Resolution No. 2024-28 approving the design plans and specifications for the Intersection Safety Improvements Project (CIP# TI24301); and C. Approve, and authorize the Mayor to sign, the Construction Agreement with PTM General Engineering Services, Inc., in the amount of $251,355, plus a contingency amount of $50,271 for Contract Change Orders, to be approved by the City Manager, for a total authorization amount of $301,626. Requested by: Public Works Department 6. PUBLIC HEARINGS: NONE. 6.1 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2024/25. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-29 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2024/25 . Requested by: Public Works Department 6.2 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL YEAR 2024/25. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-30 to levy and collect assessments for Landscape Assessment District No. 39-2022 for Fiscal Year 2024/25. Requested by: Public Works Department 6.3 LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2024/25. Recommended Action: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-31 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2024/25. Requested by: Public Works Department 7. COUNCIL CONSIDERATION: 7.1 AMENDMENTS TO THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS. Recommended Action: A. Determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA"); and B. Introduce for first reading by title only, waive full reading of the Ordinance, and schedule the second reading and adoption at the next regularly scheduled City Council Meeting: ORDINANCE 04 (2024): “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 12.00.470 (SMOKING PROHIBITED IN CITY PARKS) TO DIVISION 2 (PARK RULES AND REGULATIONS) OF CHAPTER 12.00 (PARKS AND RECREATION) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PROPERTY) OF THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS.” Requested by: Parks & Recreation Department 7.2 CITY COUNCIL TRAVEL, EXPENSE AND REIMBURSEMENT POLICY REVISIONS. Recommended Action: A. Adopt Resolution No. 2024-32, approving City Council Policy 2024-01, Travel, Expense and Reimbursement Policy; and B. Adopt Resolution No. 2024-33, amending the Compensation and Benefits Plan, Schedule G. Requested by: City Manager 8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 9. ADJOURNMENT: Agenda #: 5.1 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE JUNE 18, 2024 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the June 18, 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. 9 Attachments: 1. 5.1.a June 18, 2024 City Council Regular Meeting Minutes 5.1 Packet Pg. 10 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 JUNE 18, 2024 CLOSED SESSION: 5:30 p.m. – Conference Room CC-8 – In Person only Public Comments: None Conference with Real Property Negotiators Per Government Code Section 54956.8 Property: 22601 Sunset Crossing Road, Diamond Bar City Negotiator: City Manager Dan Fox, Assistant City Manager Ryan McLean, Parks and Recreation Director Ryan Wright Negotiating Parties: Devang Mehta, Diamond Bar Little League, Inc., dba Diamond Bar PONY Baseball (DBPB) Under Negotiation: To obtain direction regarding the price/terms of payment for acquisition of the property. Adjourned to Regular Meeting: 6:40 p.m. CALL TO ORDER: Mayor Liu called the Regular City Council meeting to order at 6:44 p.m. in the South Coast Air Quality Management District Main Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Council Member Tye led the Pledge of Allegiance. INVOCATION: None offered. 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; Omar Sandoval, City Attorney; Dannette Allen, Principal Management Analyst; Amy Haug, Human Resources and Risk Manager; Greg Gubman, Community Development Director; Grace Lee, Planning Manager; Mayuko Nakajima, Senior Planner; David Liu, Public Works Director; Anthony Jordan, Parks & Maintenance Superintendent; Jason Williams, Maintenance Supervisor; Nicholas Delgado, Management Analyst; Ken Desforges, Information Systems Director; Ryan Wright, Parks and Recreation Director; Cecilia Arellano, Senior Community Relations Coordinator; Joan Cruz, Administrative Coordinator; Kristina Santana, City Clerk 5.1.a Packet Pg. 11 JUNE 18, 2024 PAGE 2 CITY COUNCIL Staff present telephonically: Marsha Roa, Community Relations Manager; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jason Jacobsen, Finance Director Others present: Aaron Scheller, Deputy, Diamond Bar/Walnut Sheriff’s Station; Stephen Tousey, Captain, Diamond Bar/Walnut Sheriff’s Station; Daniel Dail, Lieutenant, Diamond Bar/Walnut Station; Leticia Pacillas, LACFD Community Services Liaison (online) AC/Sandoval stated that there was no reportable action taken during Closed Session. APPROVAL OF AGENDA: Mayor Liu approved the agenda as presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Carol Dennis. 1.2 San Gabriel Valley Regional Chamber of Commerce Annual Report. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: NONE 3. PUBLIC COMMENTS: The following provided public comments: Cynthia Yu, Diamond Bar Library Manager CC/Santana reported that there were no emails and no online callers requesting to speak under Public Comments. 4. SCHEDULE OF FUTURE EVENTS: CM/Fox presented the Schedule of Future Events. 5. CONSENT CALENDAR: C/Low moved, C/Tye seconded, to approve the Consent Calendar with the exception of Items 5.8 and 5.11 pulled for separate consideration by C/Low. 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 JUNE 4, 2024 REGULAR MEETING 5.2 RATIFIED CHECK REGISTER DATED MAY 29, 2024 THROUGH JUNE 11, 2024 TOTALING $996,059.58. 5.1.a Packet Pg. 12 JUNE 18, 2024 PAGE 3 CITY COUNCIL 5.3 APPROVED THE MAY 2024 TREASURER’S STATEMENT 5.4 MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) BY AND BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DIAMOND BAR FOR A FIVE-YEAR TERM THROUGH JUNE 30, 2029 AS FOLLOWS: A. APPROVED AND AUTHORIZED THE MAYOR TO SIGN THE FIVE - YEAR MUNICIPAL LAW ENFORCEMENT SERVICES AGREEMENT (MLESA) BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF DIAMOND BAR; AND, B. AUTHORIZED THE CITY MANAGER TO SIGN THE ANNUAL 575 BASED ON THE COUNCIL APPROVED APPROPRIATIONS IN THE ADOPTED OPERATING BUDGET. 5.5 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE CONSULTING SERVICES AGREEMENT WITH REGIONAL CHAMBER OF COMMERCE SAN GABRIEL VALLEY FOR BUSINESS DEVELOPMENT AND ENGAGEMENT SERVICES THROUGH JUNE 30, 2025. 5.6 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE EIGHTH AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT WITH OPCO TRANSIT, INC. FOR SENIOR AND DISABLED TRANSPORTATION SERVICES THROUGH JUNE 30, 2025. 5.7 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH WOODS MAINTENANCE SERVICES, INC. TO PROVIDE GRAFFITI ABATEMENT SERVICES THROUGH JUNE 30, 2025. 5.9 APPROVED AND AUTHORIZED THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO DIRECT CONNECTION FOR PRINTING AND MAILING SERVICES IN THE NOT-TO-EXCEED AMOUNT OF $78,820 FOR FY 2024/25. 5.10 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE CONSULTING SERVICES AGREEMENT WITH PRINCE GLOBAL SOLUTIONS, LLC, FOR FEDERAL ADVOCACY SERVICES THROUGH JUNE 30, 2025. 5.12 ADOPTED RESOLUTION NO. 2024-22 AUTHORIZING THE SUBMISSION OF FY 2024/25 LIST OF PROJECTS TO BE FUNDED BY SB-1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. 5.1.a Packet Pg. 13 JUNE 18, 2024 PAGE 4 CITY COUNCIL 5.13 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NOS 38, 39-2022 AND 41-2021 FOR FISCAL YEAR 2024/25 AS FOLLOWS: A. ADOPT RESOLUTION NO. 2024-23 DECLARING THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NO. 38 AND DIRECTING STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JULY 16, 2024 REGULAR MEETING; B. ADOPTED RESOLUTION NO. 2024-24 DECLARING THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022 AND DIRECTING STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JULY 16, 2024 REGULAR MEETING; AND, C. ADOPTED RESOLUTION NO. 2024-25 DECLARING THE CITY’S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 AND DIRECTING STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE JULY 16, 2024 REGULAR MEETING. 5.14 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE FIRST AMENDMENTS TO CONSULTANT SERVICES AGREEMENTS WITH ITERIS, INC., FEHR & PEERS, AND KIMBERLY HORN AND ASSOCIATES FOR ON-CALL TRAFFIC AND TRANSPORTATION ENGINEERING SERVICES THROUGH JUNE 30, 2026. 5.15 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE FIFTH AMENDMENT TO THE MAINTENANCE SERVICES AGREMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL AND BUILDING AUTOMATION SYSTEM PREVENTATIVE MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2025. 5.16 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH MCE CORP FOR LANDSCAPE SERVICES THROUGH JUNE 30, 2025. 5.17 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE THIRD AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH PARKWOOD LANDSCAPE MAINTENANCE, INC. FOR LANDSCAPE SERVICES THROUGH JUNE 30, 2025. 5.18 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO THE ROAD MAINTENANCE SERVICES AGREEMENT WITH CT&T CONCRETE PAVING, INC. FOR MAINTENANCE SERVICES THROUGH JUNE 30, 2025. 5.1.a Packet Pg. 14 JUNE 18, 2024 PAGE 5 CITY COUNCIL 5.19 ADOPTED RESOLUTION NO. 2024-26 AUTHORIZING PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR CITY FACILITIES IN THE NOT-TO-EXCEED AMOUNT OF $65,000 FOR FISCAL YEAR 2024/25. 5.20 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE SEVENTH AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR EXTERIOR DÉCOR AND LIGHTING MAINTENANCE THROUGH JUNE 30, 2025. 5.21 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE MAINTENANCE SERVICES AGREEMENT WITH ULTIMATE MAINTENANCE SERVICES, INC. FOR JANITORIAL SERVICES FOR CITY FACILITIES THROUGH JUNE 30, 2029, WITH THE OPTION TO EXTEND FOR THREE ADDITIONAL ONE-YEAR TERMS. 5.22 MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. TO PROVIDE TREE CARE AND MAINTENANCE SERVICES THROUGH JUNE 30, 2029 AS FOLLOWS: A. ADOPTED RESOLUTION NO. 2024-27 APPROVING COOPERATIVE PURCHASING FOR THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE CARE AND MAINTENANCE SERVICES; AND, B. APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE CARE AND MAINTENANCE SERVICES IN THE ANNUAL NOT-TO-EXCEED AMOUNT OF $443,300. 5.23 APPROVED AND AUTHORIZED THE CITY MANAGER TO SIGN THE PURCHASE ORDER WITH OUTDOOR CREATIONS, INC. FOR THE PURCHASE OF NEW SITE FURNISHINGS AT SYCAMORE CANYON PARK IN THE NOT-TO-EXEED AMOUNT OF $98,632.13. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 5.8 APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC., GRANTING THE SECOND OF TWO OPTIONAL ONE-YEAR EXTENSIONS TO JUNE 30, 2025 FOR LANDSCAPE PLAN CHECKING AND INSPECTION SERVICES. 5.1.a Packet Pg. 15 JUNE 18, 2024 PAGE 6 CITY COUNCIL 5.11 APPROVE AND AUTHORIZE THE CITY MANAGER TO SIGN THE STREET MAINTENANCE AND VEGETATION CONTROL SERVICES AGREEMENT WITH MCE CORPORATION FOR AN INITIAL THREE- YEAR TERM THROUGH JUNE 30, 2027. Following discussion, C/Low moved, C/Chou seconded, to approve Consent Calendar Items 5.8 and 5.11. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Tye, MPT/Teng, M/Liu NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6. PUBLIC HEARINGS: 6.1 DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING ELEMENT AND TO CONFORM TO STATE LAW (PL 2022-59). SP/Nakajima presented the staff report. There were no Public Comments. C/Chou moved, C/Low seconded, to determine that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (CEQA); and to Introduce first reading by title only, waive full reading of the Ordinance No. 03 (2024) entitled “An Ordinance of the City Council of the City of Diamond Bar, California, Amending Various Provisions of Title 22 (Development Code) of the Diamond Bar City Code to Implement Housing Programs Contained in the City’s Certified 2021-2029 Housing Element, to Conform to Changes in New State Housing Laws and City Policies, and to Make Typographical Corrections and Clarifications.”, and schedule the second reading and adoption at the next regularly scheduled City Council meeting. Motion carried 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. COUNCIL CONSIDERATION: NONE 8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: There were no Council Member reports on meetings attended at the expense of the local agency per Government Code 53232.3(d). 5.1.a Packet Pg. 16 JUNE 18, 2024 PAGE 7 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Liu adjourned the Regular City Council Meeting at 7:47 p.m. to July 16, 2024 at 6:30 p.m. Respectfully Submitted, __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 16th day of July, 2024. __________________________ Stan Liu, Mayor 5.1.a Packet Pg. 17 Agenda #: 5.2 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED JUNE 12, 2024 THROUGH JULY 9, 2024 TOTALING $3,114,782.97. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $3,114,782.97. 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 June 12, 2024 through July 9, 2024 totaling $3,114,782.97 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. 18 REVIEWED BY: Attachments: 1. 5.2.a Check Register Affidavit 7-16-2024 2. 5.2.b Check Register 7-16-2024 5.2 Packet Pg. 19 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 June 12, 2024 through July 9, 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. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12201 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $129.54 CHECK TOTAL $129.54 12202 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $90.90 CHECK TOTAL $90.90 12204 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $68.18 CHECK TOTAL $68.18 12205 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $68.71 CHECK TOTAL $68.71 12206 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $90.23 CHECK TOTAL $90.23 12207 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $136.37 CHECK TOTAL $136.37 12208 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $203.87 CHECK TOTAL $203.87 12209 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $90.90 CHECK TOTAL $90.90 12210 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $248.84 CHECK TOTAL $248.84 12211 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $144.48 CHECK TOTAL $144.48 12212 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $113.64 CHECK TOTAL $113.64 5.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12213 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $919.88 CHECK TOTAL $919.88 12215 6/14/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE - TC-1 100655 52210 $90.90 CHECK TOTAL $90.90 12216 6/18/2024 ABOUND FOOD CARE FISCAL YEAR 23-24 FOOD RECOVERY SERVICES- MAY 2024 250170 54900 $1,632.25 CHECK TOTAL $1,632.25 12217 6/18/2024 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES MAY 2024 100510 55330 $5,754.84 CHECK TOTAL $5,754.84 12218 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 239 21117 $1.66 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 241 21117 $1.66 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 203 21117 $9.02 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 204 21117 $9.02 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 201 21117 $14.90 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 207 21117 $35.78 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 250 21117 $42.62 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 206 21117 $80.97 6/18/2024 AFLAC SUPP INSURANCE PREMIUM MAY 2024 100 21117 $1,428.02 CHECK TOTAL $1,623.65 12219 6/18/2024 AIRGAS INC ARGON CYLINDER REFILL (050124- 053124) FY23-24 100630 51200 $31.84 CHECK TOTAL $31.84 12220 6/18/2024 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE2024) FY23-24 100630 52320 $70.00 6/18/2024 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE2024) FY23-24 100510 52320 $105.00 6/18/2024 ANIMAL PEST MANAGEMENT SERVICES INC COMPREHENSIVE PEST CONTROL (JUNE2024) FY23-24 100620 52320 $120.00 CHECK TOTAL $295.00 5.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12221 6/18/2024 BARR & CLARK INC CDBG HOME IMP-ASBESTOS INSPECTION-1920 MORNING CYN 225440 54900 $573.00 6/18/2024 BARR & CLARK INC CDBG HOME IMPR-ASBESTOS CLEARANCE-1920 MORNING CYN 225440 54900 $550.00 CHECK TOTAL $1,123.00 12222 6/18/2024 ROBYN A BECKWITH INTERIOR PLANT SERVICE (MAY2024) FY23-24 100510 52320 $275.00 6/18/2024 ROBYN A BECKWITH INTERIOR PLANT SERVICE (MAY2024) FY23-24 100620 52320 $380.00 CHECK TOTAL $655.00 12223 6/18/2024 LINGO TELECOM LLC CITYWIDE ANALOG PHONE SVCS-JUNE 2024 100230 52200 $2,496.07 CHECK TOTAL $2,496.07 12224 6/18/2024 CHEM PRO LABORATORY INC WATER TREATMENT (CITYHALL/JUNE) FY23-24 100620 52320 $187.95 CHECK TOTAL $187.95 12225 6/18/2024 CHICAGO TITLE COMPANY CDBG HOME IMPR-TITLE LOAN POLICY- 1920 MORNING CYN 225440 54900 $65.00 CHECK TOTAL $65.00 12226 6/18/2024 CITYGREEN CONSULTING, LLC ENVIRONMENTAL SERVICES CONSULTING- FEB 2024 250170 54900 $5,397.50 6/18/2024 CITYGREEN CONSULTING, LLC ENVIRONMENTAL SERVICES CONSULTING- MARCH 2024 250170 54900 $3,843.75 6/18/2024 CITYGREEN CONSULTING, LLC ENVIRONMENTAL SERVICES CONSULTING-APRIL 2024 250170 54900 $4,831.25 CHECK TOTAL $14,072.50 12227 6/18/2024 CIVICPLUS LLC MUNICODE ADMIN SUPPORT FEE 100230 52314 $475.00 CHECK TOTAL $475.00 12228 6/18/2024 CLEAN HARBORS ENVIRONMENTAL SERVICES INC HAZARDOUS WASTE DISPOSAL- SYCAMORE APRIL 2024 250170 55000 $6,013.70 CHECK TOTAL $6,013.70 12229 6/18/2024 COUNTY OF LOS ANGELES-PW FCDP2024000181 - CIP PW17400 STORM DRAIN PERMIT 100615 54410 $3,500.00 CHECK TOTAL $3,500.00 12230 6/18/2024 CT & T CONCRETE PAVING INC ROAD MAINTENANCE (DBC-TRNCT DOMES) FY23-24 100655 55512 $3,360.00 5.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $3,360.00 12231 6/18/2024 DAN CONTRACTOR CDBG HOME IMP-1920 MORNING CYN HIP302 225440 54900 $24,210.00 CHECK TOTAL $24,210.00 12232 6/18/2024 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK-2366 CLEAR CREEK 100 22107 $822.50 6/18/2024 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK-2366 CLEAR CREEK 100 22107 $825.00 6/18/2024 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK-2366 CLEAR CREEK 100 22107 $919.50 CHECK TOTAL $2,567.00 12233 6/18/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM JUNE 2024 206 21105 $0.96 6/18/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM JUNE 2024 207 21105 $0.96 6/18/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM JUNE 2024 250 21105 $1.96 6/18/2024 DELTA DENTAL HMO DENTAL INSURANCE PREMIUM JUNE 2024 100 21105 $113.78 CHECK TOTAL $117.66 12234 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 225 21105 $3.67 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 203 21105 $8.23 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 204 21105 $8.23 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 239 21105 $24.67 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 241 21105 $24.67 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 238 21105 $38.64 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 201 21105 $44.49 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 206 21105 $109.97 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 207 21105 $139.35 5.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 250 21105 $228.92 6/18/2024 DELTA DENTAL INSURANCE COMPANY PPO DENTAL INSURANCE PREMIUM JUNE 2024 100 21105 $4,847.78 CHECK TOTAL $5,478.62 12235 6/18/2024 DIANA CHO & ASSOCIATES CDBG FY23-24 SENIOR PROGRAM-MAY 2024 225440 54900 $212.50 6/18/2024 DIANA CHO & ASSOCIATES CDBG-AREA 4 ADA CURB RAMPS IMP- MAY2024 301610 56101 $1,530.00 CHECK TOTAL $1,742.50 12236 6/18/2024 DISCOVERY SCIENCE CENTER OF ORANGE ENVIRONMENTAL EDUCATION SERVICES- APRIL/MAY 2024 250170 54900 $1,462.00 CHECK TOTAL $1,462.00 12237 6/18/2024 DONNY GOLDBERG BAND PERFORMANCE FOR CONCERTS ON 6.17.24 100520 55300 $3,000.00 CHECK TOTAL $3,000.00 12238 6/18/2024 DS SERVICES OF AMERICA INC WATER SERVICE (CITYHALL-MAY) FY23- 24 100620 51200 $377.96 CHECK TOTAL $377.96 12239 6/18/2024 ECOFERT INC FERTILIZER INJECT SYSY (PARKS- MAY2024) FY23-24 100630 52320 $1,207.00 CHECK TOTAL $1,207.00 12240 6/18/2024 EXTERIOR PRODUCTS CORP AMERICAN FLAG INSTALL/REMOVAL (052224-070824) 100630 52320 $6,487.50 6/18/2024 EXTERIOR PRODUCTS CORP CITYHALL AMP CIRCUITS FOR PRINTERS 100630 52320 $539.95 6/18/2024 EXTERIOR PRODUCTS CORP CITYHALL AMP CIRCUITS FOR PRINTERS 100630 56116 $2,636.29 6/18/2024 EXTERIOR PRODUCTS CORP DISTRICT 38 POLE&FIXTURE REPLACEMENT 238638 52320 $10,541.57 CHECK TOTAL $20,205.31 12241 6/18/2024 FLOCK GROUP INC FY2023-24 FLOCK CAMERA REPLACEMENT 100310 51300 $800.00 CHECK TOTAL $800.00 12242 6/18/2024 FRONTIER COMMUNICATIONS CORP SUMMARY BILL-INTERNET SVCS MAY 2024 100230 54030 $408.90 6/18/2024 FRONTIER COMMUNICATIONS CORP SUMMARY BILL-INTERNET/CITYHALL-JUNE 2024 100230 54030 $811.25 5.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,220.15 12243 6/18/2024 FUN EXPRESS LLC CONCERTS SUPPLIES 100520 51200 $459.90 6/18/2024 FUN EXPRESS LLC KINDERSKILLS SUPPLIES 100520 51200 $41.88 6/18/2024 FUN EXPRESS LLC KINDERSKILLS SUPPLIES 100520 51200 $27.55 6/18/2024 FUN EXPRESS LLC DAY CAMP AND KINDERSKILLS SUPPLIES 100520 51200 $461.18 6/18/2024 FUN EXPRESS LLC CONCERTS SUPPLIES 100520 51200 $548.90 CHECK TOTAL $1,539.41 12244 6/18/2024 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - SUM 24 100 20202 $36.00 CHECK TOTAL $36.00 12245 6/18/2024 GIGAKOM WIFI ACCESS POINT INSTALLATION 503230 56130 $988.61 CHECK TOTAL $988.61 12246 6/18/2024 GLADWELL GOVERNMENTAL SVCS INC RECORD MANAGEMENT POLICY REVIEW 100140 54900 $360.00 CHECK TOTAL $360.00 12247 6/18/2024 WOODS MAINTENANCE SERVICES INC GRAFFITI ABATEMENT-MAY 2024 100430 55540 $3,075.00 6/18/2024 WOODS MAINTENANCE SERVICES INC HOMELESS ENCAMPMENT CLEANUP SERVICES FY2023-24 100130 54900 $5,829.12 CHECK TOTAL $8,904.12 12248 6/18/2024 HOME DEPOT CREDIT SERVICES TOOLS (060624) 100630 51300 $366.02 6/18/2024 HOME DEPOT CREDIT SERVICES TOOLS (060524) 100510 51300 $976.78 6/18/2024 HOME DEPOT CREDIT SERVICES TOOLS (060524) 100620 51300 $1,000.00 CHECK TOTAL $2,342.80 12249 6/18/2024 HONEYCOTT INC BEE REMOVAL (BREA CYN/WASHINGTON-052524) FY23-24 100630 52320 $140.00 CHECK TOTAL $140.00 12250 6/18/2024 HYPERTEC USA INC NEW TV MOUNTS FOR CITY HALL/DBC 503230 56130 $2,623.18 6/18/2024 HYPERTEC USA INC NEW TV MOUNTS FOR CITY HALL/DBC 503230 56130 $9,733.73 CHECK TOTAL $12,356.91 12251 6/18/2024 IMPACT IMAGES INC CANOPIES 100520 51200 $1,616.45 5.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,616.45 12252 6/18/2024 INFINITE GRAPHICS LLC CITY BIRTHDAY PRINTS 100520 52300 $533.26 CHECK TOTAL $533.26 12253 6/18/2024 INTEGRUS LLC RICOH COPIER SERVICE-4/19/24- 5/18/24 100230 52100 $524.25 CHECK TOTAL $524.25 12254 6/18/2024 ITERIS INC CS - ON-CALL TS TIMING SUPPORT - THROUGH 5/31/24 207650 54410 $8,166.00 CHECK TOTAL $8,166.00 12255 6/18/2024 JAMES EVENT PRODUCTION INC ENTERTAINMENT SERVICES FOR PATRIOTIC CONCERT 100520 55300 $5,315.00 CHECK TOTAL $5,315.00 12256 6/18/2024 JCL TRAFFIC SERVICES ROAD MAINT SUPPLIES (EVENT 052924) FY23-24 100655 51250 $765.00 CHECK TOTAL $765.00 12257 6/18/2024 KEVIN D JONES PS -SR-57/60 CONFLUENCE PROJ ADVOCACY - MAY 2024 100615 54400 $4,000.00 CHECK TOTAL $4,000.00 12258 6/18/2024 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - MAY 2024 100230 52314 $250.00 CHECK TOTAL $250.00 12259 6/18/2024 LA VERNE POWER EQUIPMENT INC REPLACEMENT TOOLS 100630 51300 $2,447.48 CHECK TOTAL $2,447.48 12260 6/18/2024 LANCE SOLL & LUNGHARD LLP PROF. SVCS-INTERIM AUDIT FY 23/24 100210 54010 $12,500.00 CHECK TOTAL $12,500.00 12261 6/18/2024 LOCAL AGENCY ENGINEERING ASSOCIATES INC PROF SERVICES (ON-CALL CIVIL ENG 042824-053124 207615 54400 $27,486.25 CHECK TOTAL $27,486.25 12262 6/18/2024 LOOMIS COURIER SERVICES - MAY 2024 100210 54900 $757.75 6/18/2024 LOOMIS COURIER SERVICES - MAY 2024 100510 54900 $757.75 CHECK TOTAL $1,515.50 12263 6/18/2024 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT SYCAMORE CYN PK (02.2024-04.2024) 100630 52320 $1,798.78 5.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,798.78 12264 6/18/2024 LOS ANGELES COUNTY PUBLIC WORKS SEWER SERVICE (PARKS) FY23-24 100630 52320 $1,515.00 CHECK TOTAL $1,515.00 12265 6/18/2024 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 LAW ENF HELICOPTER SERVICES - FEB 2024 100310 55402 $377.03 6/18/2024 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 LAW ENF CAV CHAPEL SERVICES - MAR 2024 100310 55402 $11,525.20 CHECK TOTAL $11,902.23 12266 6/18/2024 LOWE'S BUSINESS ACCOUNT PARK FACILITIES MAINT SUPPLIES 100630 51200 $32.21 6/18/2024 LOWE'S BUSINESS ACCOUNT ROAD MAINTENANCE SUPPLIES ( 100655 51250 $205.19 CHECK TOTAL $237.40 12267 6/18/2024 MAASS WORLD INC SYCAMORE CANYON PARK CAMERA SYSTEM 503230 56130 $4,999.58 CHECK TOTAL $4,999.58 12268 6/18/2024 MARSHA ROA NEW EMPLOYEE WELCOME SUPPLIES 100240 51200 $181.20 CHECK TOTAL $181.20 12269 6/18/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD 38,39, &41) 241641 55524 $5,412.19 6/18/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD 38,39, &41) 239639 55524 $13,200.67 6/18/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD 38,39, &41) 238638 55524 $15,842.74 6/18/2024 MCE CORPORATION ROAD MAINTENANCE (MAY2024) 100655 55530 $256.38 6/18/2024 MCE CORPORATION ROAD MAINTENANCE (MAY2024) 201655 55530 $2,554.30 6/18/2024 MCE CORPORATION ROAD MAINTENANCE (MAY2024) 100655 55530 $8,077.20 6/18/2024 MCE CORPORATION ROAD MAINTENANCE (MAY2024) 100655 55528 $8,630.41 CHECK TOTAL $53,973.89 12270 6/18/2024 MERCURY DISPOSAL SYSTEMS INC BATTERY AND BULB CLEAN-UP ACE HARDWARE- JUNE 2024 250170 55000 $1,751.00 CHECK TOTAL $1,751.00 12271 6/18/2024 METROLINK METROLINK PASSES - MAY 2024 206650 55610 $1,115.80 6/18/2024 METROLINK METROLINK PASSES - MAY 2024 206650 55620 $4,463.20 5.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $5,579.00 12272 6/18/2024 MNS ENGINEERS INC DESIGN OF DIAMOND BAR COMPLETE STREETS –APRIL 2024 301610 56105 $13,942.50 CHECK TOTAL $13,942.50 12273 6/18/2024 MULHOLLAND CONSULTING INC CIP-STEEP CYN RD EROSION CNTRL - 5/01/24-05/31/24 301610 56105 $5,138.50 CHECK TOTAL $5,138.50 12274 6/18/2024 NATIONAL TRENCH SAFETY INC EQUIP RENTAL (KRAIL052824-062424) FY23-24 100655 52300 $607.35 6/18/2024 NATIONAL TRENCH SAFETY INC RENTAL EQUIP (GS XSYLVANGLEN KRAIL060724-070424) 100655 52300 $455.52 CHECK TOTAL $1,062.87 12275 6/18/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2024 100630 51200 $86.34 6/18/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2024 100510 51200 $220.62 6/18/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2024 100350 51200 $222.01 6/18/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2024 100520 51200 $528.13 6/18/2024 OFFICE SOLUTIONS OFFICE SUPPLIES - MAY 2024 100140 51200 $861.71 CHECK TOTAL $1,918.81 12276 6/18/2024 ONE TIME PAY VENDOR AMANDA ANZURES FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12277 6/18/2024 ONE TIME PAY VENDOR AMANDA SEPHTON FACILITY DEPOSIT REFUND 100 20202 $1,655.78 CHECK TOTAL $1,655.78 12278 6/18/2024 ONE TIME PAY VENDOR ANABEL PEREZ FACILITY DEPOSIT REFUND 100 20202 $1,682.50 CHECK TOTAL $1,682.50 12279 6/18/2024 ONE TIME PAY VENDOR ANITA MANCIA RECREATION PROGRAM REFUND 100 20202 $180.00 CHECK TOTAL $180.00 12280 6/18/2024 ONE TIME PAY VENDOR CARISSA ROCHA FACILITY DEPOSIT REFUND 100 20202 $300.00 CHECK TOTAL $300.00 12281 6/18/2024 ONE TIME PAY VENDOR DIANNE DE JESUS FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12282 6/18/2024 ONE TIME PAY VENDOR EMILY INIGUEZ FACILITY DEPOSIT REFUND 100 20202 $500.00 5.2.b Packet Pg. 29 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $500.00 12283 6/18/2024 ONE TIME PAY VENDOR GLORIA TEJEDA FACILITY DEPOSIT REFUND 100 20202 $700.00 CHECK TOTAL $700.00 12284 6/18/2024 ONE TIME PAY VENDOR GURPREET SINGH NAIPAUL FACILITY DEPOSIT REFUND 100 20202 $1,350.00 CHECK TOTAL $1,350.00 12285 6/18/2024 ONE TIME PAY VENDOR ISAIAH CARDENAS FACILITY DEPOSIT REFUND 100 20202 $700.00 6/18/2024 ONE TIME PAY VENDOR ISAIAH CARDENAS FACILITY DEPOSIT REFUND 100 20202 $31.00 CHECK TOTAL $731.00 12287 6/18/2024 ONE TIME PAY VENDOR JAE KEONG FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 12288 6/18/2024 ONE TIME PAY VENDOR JULIAN PLASCENCIA FACILITY DEPOSIT REFUND 100 20202 $2,500.00 CHECK TOTAL $2,500.00 12289 6/18/2024 ONE TIME PAY VENDOR JUSTIN ERICKSON FACILITY DEPOSIT REFUND 100 20202 $1,250.00 CHECK TOTAL $1,250.00 12290 6/18/2024 ONE TIME PAY VENDOR LILIAN TRAN FACILITY DEPOSIT REFUND 100 20202 $1,400.00 CHECK TOTAL $1,400.00 12291 6/18/2024 ONE TIME PAY VENDOR LYNN SOLDRIDGE FACILITY DEPOSIT REFUND 100 20202 $580.47 CHECK TOTAL $580.47 12292 6/18/2024 ONE TIME PAY VENDOR MARILEE WELCH RECREATION PROGRAM REFUND 100 20202 $340.00 CHECK TOTAL $340.00 12293 6/18/2024 ONE TIME PAY VENDOR MIN KIM RECREATION PROGRAM REFUND 100 20202 $410.00 CHECK TOTAL $410.00 12294 6/18/2024 ONE TIME PAY VENDOR MT. CALVARY LUTHERAN CHURCH FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12295 6/18/2024 ONE TIME PAY VENDOR MUSIC TEACHERS ASSOCIATION OF CALIFORNIA FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 5.2.b Packet Pg. 30 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 12296 6/18/2024 ONE TIME PAY VENDOR PALAK THAKUR FACILITY DEPOSIT REFUND 100 20202 $1,210.00 CHECK TOTAL $1,210.00 12297 6/18/2024 ONE TIME PAY VENDOR PRISCILLA MARTINEZ RECREATION PROGRAM REFUND 100 20202 $99.00 CHECK TOTAL $99.00 12298 6/18/2024 ONE TIME PAY VENDOR RUBYE MCINTOSH FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12299 6/18/2024 ONE TIME PAY VENDOR SANJUKTA JENA FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12300 6/18/2024 ONE TIME PAY VENDOR SEUNG MIN HAN FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12301 6/18/2024 ONE TIME PAY VENDOR SHELLY LAC RECREATION PROGRAM REFUND 100 20202 $169.00 CHECK TOTAL $169.00 12302 6/18/2024 ONE TIME PAY VENDOR SUNNY KIM FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12303 6/18/2024 ONE TIME PAY VENDOR TERRI-LYNN QUAN RECREATION PROGRAM REFUND 100 20202 $190.00 CHECK TOTAL $190.00 12304 6/18/2024 ONE TIME PAY VENDOR TRACY MARCELINO FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 12305 6/18/2024 ONE TIME PAY VENDOR XIANG CHEN RECREATION PROGRAM REFUND 100 20202 $62.00 CHECK TOTAL $62.00 12306 6/18/2024 ONE TIME PAY VENDOR LUISA ALLEN REIMBURSEMENT - SUPPLIES 100210 51200 $10.95 CHECK TOTAL $10.95 12307 6/18/2024 ONE TIME PAY VENDOR VIVIAN CHEN REIMBURSEMENT - FUEL 502655 52330 $77.90 CHECK TOTAL $77.90 12308 6/18/2024 ONE TIME PAY VENDOR WENDY HSU DEVELOPER DEPOSIT REFUND-2740 STEEPLECHASE LN 100 22107 $10,005.06 CHECK TOTAL $10,005.06 12309 6/18/2024 ONE TIME PAY VENDOR - CND REFUND SALVADOR ISIDRO ARREOLA 1946 LOS CERROS DRIVE 100 22105 $250.00 5.2.b Packet Pg. 31 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $250.00 12310 6/18/2024 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINTENANCE (PARKS- MAY2024) 100510 55505 $3,014.61 6/18/2024 PARKWOOD LANDSCAPE MAINTENANCE INC LANDSCAPE MAINTENANCE (PARKS- MAY2024) 100630 55505 $31,193.12 CHECK TOTAL $34,207.73 12311 6/18/2024 PBLA ENGINEERING INC DESIGN SERVICES MAY2024 301630 56104 $1,250.00 CHECK TOTAL $1,250.00 12312 6/18/2024 PLANET HEADSET INC SUPPLIES FOR SPECIAL EVENTS 100520 51200 $639.95 CHECK TOTAL $639.95 12313 6/18/2024 PROTECTION ONE INC ALARM MONITORING (CITYHALL062924- 072824) FY24-25 100620 52320 $41.74 CHECK TOTAL $41.74 12314 6/18/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $836.00 6/18/2024 PUBLIC STORAGE #23051 PARKS AND RECREATION OFF SITE STORAGE UNITS 100520 52302 $798.00 CHECK TOTAL $1,634.00 12315 6/18/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2023 206650 55610 $522.44 6/18/2024 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - MAY 2023 206650 55620 $2,089.76 CHECK TOTAL $2,612.20 12316 6/18/2024 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES-APRIL 2024 100420 55100 $65,269.17 CHECK TOTAL $65,269.17 12317 6/18/2024 ROSS CREATIONS SOUND SERVICES FOR CONCERTS IN THE PARK 100520 55300 $6,740.00 CHECK TOTAL $6,740.00 12318 6/18/2024 SC FUELS FLEET VEHICLE FUEL (051624-053124) FY23-24 502430 52330 $39.51 6/18/2024 SC FUELS FLEET VEHICLE FUEL (051624-053124) FY23-24 502620 52330 $244.25 6/18/2024 SC FUELS FLEET VEHICLE FUEL (051624-053124) FY23-24 502655 52330 $696.53 6/18/2024 SC FUELS FLEET VEHICLE FUEL (051624-053124) FY23-24 502630 52330 $834.70 5.2.b Packet Pg. 32 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $1,814.99 12319 6/18/2024 SITEIMPROVE INC ANNUAL SUBSCRIPTION - 6/24/24- 6/24/25 100230 52314 $6,665.83 CHECK TOTAL $6,665.83 12320 6/18/2024 SOCIAL VOCATIONAL SERVICES LITTER AND WEED REMOVAL (MAY 2024) FY23-24 100645 55528 $3,113.00 CHECK TOTAL $3,113.00 12321 6/18/2024 SPECTRUM BUSINESS INTERNET SVCS - HERITAGE PK JUN 2024 100230 54030 $274.98 6/18/2024 SPECTRUM BUSINESS CABLE TV SVCS - DBC MAY 2024 100230 54030 $132.63 CHECK TOTAL $407.61 12322 6/18/2024 ST DENIS CHURCH FY 23/24 COMMUNITY EVENT 101110 52600 $1,000.00 CHECK TOTAL $1,000.00 12323 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 225 21107 $0.49 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 225 21113 $1.65 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 203 21107 $1.99 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 204 21107 $1.99 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 239 21107 $3.02 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 241 21107 $3.02 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 238 21107 $3.98 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 203 21113 $4.21 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 204 21113 $4.21 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 239 21113 $10.75 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 241 21113 $10.75 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 207 21107 $15.07 5.2.b Packet Pg. 33 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 238 21113 $15.43 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 201 21113 $21.83 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 206 21107 $23.02 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 201 21107 $27.30 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 207 21113 $50.48 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 206 21113 $51.36 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 250 21107 $74.91 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 250 21113 $128.15 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 100 21107 $1,626.79 6/18/2024 STANDARD INSURANCE COMPANY LIFE/SUPP LIFE/LTD/STD INSURANCE PREMIUM JUNE 2024 100 21113 $2,290.77 CHECK TOTAL $4,371.17 12324 6/18/2024 TALEWISE LLC DAY CAMP ENTERTAINMENT 100520 55315 $400.00 CHECK TOTAL $400.00 12325 6/18/2024 TASC FSA FEES 100220 52515 $148.40 CHECK TOTAL $148.40 12326 6/18/2024 THE GAS COMPANY DBC (051324-061224) 100510 52215 $978.37 6/18/2024 THE GAS COMPANY HERITAGE PARK (050124-061124) FY23- 24 100630 52215 $39.91 6/18/2024 THE GAS COMPANY CITYHALL (050924-061024) FY23-24 100620 52215 $54.98 CHECK TOTAL $1,073.26 12327 6/18/2024 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-CITY COUNCIL MTG 6/18/24- DCA PL22-59 100410 52160 $685.69 CHECK TOTAL $685.69 12328 6/18/2024 THE SAUCE CREATIVE SERVICES INC SIGNAGE FOR CONCERTS IN THE PARK 100520 52110 $1,356.16 5.2.b Packet Pg. 34 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/18/2024 THE SAUCE CREATIVE SERVICES INC FLYERS FOR CONCERTS IN THE PARK 100520 52110 $1,730.93 CHECK TOTAL $3,087.09 12329 6/18/2024 THE SAWDUST FACTORY DAY CAMP EXCURSION 100520 53520 $600.00 CHECK TOTAL $600.00 12330 6/18/2024 THE TAIT GROUP INC ENGR/VARIOUS TRAFFIC-RELATED PROJ - MAY 2024 100615 54410 $1,100.00 CHECK TOTAL $1,100.00 12331 6/18/2024 TORTI GALLAS AND PARTNERS INC TOWN CENTER SPECIFIC PLAN-MAY 2024 103410 54900 $22,583.75 CHECK TOTAL $22,583.75 12332 6/18/2024 TURBOSCAPE INC CONTRACT WITHHOLDING: 24000083 RETENTIONS 504 29004 $390.00 6/18/2024 TURBOSCAPE INC CONTRACT WITHHOLDING: 24000083 RETENTIONS 100 29004 $1,144.00 CHECK TOTAL $1,534.00 12333 6/18/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS-6/3- 6/4/2024 503230 56135 $2,400.00 CHECK TOTAL $2,400.00 12334 6/18/2024 ULINE INC FY2024-25 EMERGENCY PREP SUPPLIES 100350 51200 $1,578.37 CHECK TOTAL $1,578.37 12335 6/18/2024 UNDERGROUND SERVICE ALERT OF SO CA USA DIGALERT - MONTHLY SERVICE - MAY 2024 100610 54900 $405.50 6/18/2024 UNDERGROUND SERVICE ALERT OF SO CA CA STATE FEE - US DIGALERT - JUNE 2024 100610 54900 $55.42 CHECK TOTAL $460.92 12336 6/18/2024 UNITED RECORDS MANAGEMENT INC OFF SITE STORAGE BACK-UP TAPES-JUNE 2024 100230 55000 $594.00 CHECK TOTAL $594.00 12337 6/18/2024 VALLEY VISTA SERVICES, INC. STREET SWEEPING SERVICES (050624- 052424) FY23-24 100655 55510 $11,275.20 CHECK TOTAL $11,275.20 12338 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 225 21108 $1.15 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 203 21108 $3.22 5.2.b Packet Pg. 35 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 204 21108 $3.22 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 239 21108 $8.27 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 241 21108 $8.27 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 238 21108 $13.23 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 201 21108 $16.12 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 206 21108 $47.35 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 207 21108 $51.56 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 250 21108 $88.13 6/18/2024 VISION SERVICE PLAN VISION INSURANCE PREMIUM JUNE 2024 100 21108 $1,930.92 CHECK TOTAL $2,171.44 12339 6/18/2024 WW GRAINGER INC FY2023-24 EMERGENCY PREP SUPPLIES 100350 51200 $1,079.45 CHECK TOTAL $1,079.45 12340 6/18/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $536.00 6/18/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $135.39 6/18/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (PARKS) 100630 51200 $209.43 6/18/2024 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $708.55 CHECK TOTAL $1,589.37 12341 6/18/2024 WEST COAST ARBORISTS INC TREE MAINTENANCE (STUMP REMOVE @ 22720 GOLD BUFF) 100645 55522 $5,814.00 6/18/2024 WEST COAST ARBORISTS INC TREE MAINTENANCE (051624-053124) 100645 55522 $17,931.75 CHECK TOTAL $23,745.75 12342 6/18/2024 WHENTOWORK LLC PARKS AND REC PT STAFF SCHEDULING 100510 54900 $1,000.00 6/18/2024 WHENTOWORK LLC PARKS AND REC PT STAFF SCHEDULING 100520 54900 $1,000.00 CHECK TOTAL $2,000.00 12343 6/18/2024 WILD WONDERS DAY CAMP ENTERTAINMENT 100520 55315 $585.00 CHECK TOTAL $585.00 12344 6/18/2024 YUNEX LLC TS MAINTENANCE - MAY 2024 207650 55536 $5,540.00 6/18/2024 YUNEX LLC TS RESPONSE DB-HV SIGNAL HEAD KNOCKED DOWN 207650 55536 $2,373.00 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 $7,913.00 12345 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 238 21118 $10.67 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 239 21118 $10.67 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 241 21118 $10.67 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 207 21118 $29.32 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 250 21118 $36.69 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 206 21118 $81.47 6/21/2024 TASC FLEX SPENDING MEDICAL/CHILDCARE 06/21/2024 100 21118 $1,836.79 CHECK TOTAL $2,016.28 12346 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 225 21109 $59.78 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 201 21109 $92.60 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 239 21109 $141.34 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 241 21109 $141.34 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 250 21109 $224.23 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 206 21109 $246.67 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 207 21109 $266.91 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 238 21109 $282.68 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 6/21/2024 VANTAGEPOINT TRNSFR AGNTS- 303248 DEFERRED COMP CONTRIBUTIONS/LOAN PYMTS 06/21/2024 100 21109 $14,751.13 CHECK TOTAL $16,206.68 12347 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 225 21110 $50.28 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 204 21110 $73.71 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 203 21110 $73.72 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 239 21110 $191.41 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 241 21110 $191.41 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 238 21110 $271.25 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 201 21110 $442.74 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 207 21110 $765.34 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 206 21110 $931.83 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 250 21110 $1,914.04 6/21/2024 CALPERS PENSION CONTRIBUTION 6/01/24- 6/14/24 & 6/1-30/2024 100 21110 $41,687.14 CHECK TOTAL $46,592.87 12349 6/24/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20439 GOLDEN SPRINGS PED - TC-1 100655 52210 $107.42 CHECK TOTAL $107.42 12350 6/24/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS - TC-1 100655 52210 $120.18 CHECK TOTAL $120.18 12352 6/25/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 2838 S DBB PED - GS-1 100655 52210 $98.70 CHECK TOTAL $98.70 12353 6/25/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVE. - TC-1 100655 52210 $132.93 CHECK TOTAL $132.93 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 12354 6/25/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S LEMON/VARIOUS - TC-1 100655 52210 $324.20 CHECK TOTAL $324.20 12355 6/25/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER RD - TC-1 100655 52210 $111.06 CHECK TOTAL $111.06 12356 6/25/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 S BREA CYN RD BPED - LS-3 100655 52210 $68.68 CHECK TOTAL $68.68 12357 6/25/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 S BREA CYN RD BPED - LS-3 100655 52210 $34.22 CHECK TOTAL $34.22 12358 6/25/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN RD - TC-1 100655 52210 $79.09 CHECK TOTAL $79.09 12359 6/25/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 1215 S BREA CYN RD - GD-1 100655 52210 $92.16 CHECK TOTAL $92.16 12360 6/25/2024 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED - TC-1 100655 52210 $77.64 CHECK TOTAL $77.64 12361 6/25/2024 SOUTHERN CALIFORNIA EDISON CITYHALL (041524-051324) FY23-24 100620 52210 $13,456.54 CHECK TOTAL $13,456.54 12362 6/25/2024 SOUTHERN CALIFORNIA EDISON CITYHALL (051424-061224) FY23-24 100620 52210 $16,437.12 CHECK TOTAL $16,437.12 12363 6/25/2024 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON AVE (051024- 061024) FY23-24 100630 52210 $16.10 CHECK TOTAL $16.10 12364 6/25/2024 SOUTHERN CALIFORNIA EDISON GS-1 - 23331 GOLDEN SPRINGS DE PED - GS-1 100655 52210 $92.44 CHECK TOTAL $92.44 12365 6/25/2024 SOUTHERN CALIFORNIA EDISON 633 GRAND AVE (050924-060924) FY23- 24 238638 52210 $89.75 CHECK TOTAL $89.75 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 12367 6/26/2024 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS - LS-2 100655 52210 $119.61 CHECK TOTAL $119.61 12372 7/2/2024 1ST JON INC RESTROOM & SINK RENTALS FOR CONCERTS 6.19.24 100520 55300 $999.68 CHECK TOTAL $999.68 12373 7/2/2024 AARON STANLEY TALALAY CONTRACT CLASS INSTRUCTOR 100520 55320 $459.00 CHECK TOTAL $459.00 12374 7/2/2024 ALISHA PATTERSON INSTRUCTOR PAYMENT - ENRICHMENT - SUM 24 100520 55320 $960.00 CHECK TOTAL $960.00 12375 7/2/2024 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 5/12/24- 5/25/24 100310 55412 $13,931.40 7/2/2024 ALL CITY MANAGEMENT SERVICES INC CROSSING GUARD SERVICES - 5/26/24- 6/8/24 100310 55412 $4,661.88 CHECK TOTAL $18,593.28 12376 7/2/2024 AMERICOMP TONER & REPAIR LLC SUPPLIES - TONER 100230 52314 $3,216.96 CHECK TOTAL $3,216.96 12377 7/2/2024 EIDIM GROUP INC WINDMILL/WILLOW RM A/V & PROD (PYMT#1) FY23-24 301630 56104 $14,050.00 CHECK TOTAL $14,050.00 12378 7/2/2024 ANDREW WONG PARKS AND REC COMMISSION STIPEND 100520 52525 $45.00 CHECK TOTAL $45.00 12379 7/2/2024 APOLLO WOOD RECOVERY INC WOOD FIBER CHIPS INSTALLATION (DIAMOND CYN PRK) 100630 52320 $3,938.61 CHECK TOTAL $3,938.61 12380 7/2/2024 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS - WS 24 100520 55320 $300.00 CHECK TOTAL $300.00 12381 7/2/2024 BLACK BIRD FIRE PROTECTION INC ANNUAL FIRE EXT SERVICE (CITYHALL/VEHICLES) FY23-2 100510 52320 $1,694.66 7/2/2024 BLACK BIRD FIRE PROTECTION INC ANNUAL FIRE EXT SERVICE (DBC) FY23- 24 100510 52310 $329.72 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 7/2/2024 BLACK BIRD FIRE PROTECTION INC ANNUAL FIRE EXT SERVICE (PARK/HERITAGE) FY23-24 100630 52320 $70.00 CHECK TOTAL $2,094.38 12382 7/2/2024 BRIAN E WORTHINGTON PARKS AND REC COMMISSION STIPEND 100520 52525 $45.00 CHECK TOTAL $45.00 12383 7/2/2024 BRIAN MARTINEZ PHOTO SERVICES - CONCERTS IN THE PARK 100240 55000 $860.00 CHECK TOTAL $860.00 12384 7/2/2024 CALIFORNIA JPIA ALL RISK PROPERTY INS PROGRAM-FY 24/25 501220 57202 $78,423.00 7/2/2024 CALIFORNIA JPIA ANNUAL CONTRIBUTION - FY 24/25 100 21112 $136,637.00 7/2/2024 CALIFORNIA JPIA ANNUAL CONTRIBUTION - FY 24/25 501220 57210 $449,641.00 CHECK TOTAL $664,701.00 12385 7/2/2024 CT & T CONCRETE PAVING INC ROAD MAINTENANCE (ARTERIAL AREA- CORP CNTR) FY23-24 100655 55512 $159,131.85 CHECK TOTAL $159,131.85 12386 7/2/2024 CYNTHIA T QUAN PARKS AND REC COMMISSION STIPEND 100520 52525 $45.00 CHECK TOTAL $45.00 12387 7/2/2024 DAPEER ROSENBLIT & LITVAK LLP CODE ENF CITY PROSECUTOR-MAY 2024 100120 54024 $2,702.84 CHECK TOTAL $2,702.84 12388 7/2/2024 DEAN SIMONE BAND FOR CONCERTS 6.26.24 100520 55300 $1,500.00 CHECK TOTAL $1,500.00 12389 7/2/2024 CAROL A DENNIS MINUTES TRANSCRIPTION FOR COUNCIL MEETINGS IN JUN 100140 54900 $150.00 CHECK TOTAL $150.00 12390 7/2/2024 DEPARTMENT OF JUSTICE LIVESCAN FEES 100220 52510 $288.00 CHECK TOTAL $288.00 12391 7/2/2024 EXTERIOR PRODUCTS CORP MILITARY POSTING (ADD'L) FY23-24 100520 55300 $589.59 CHECK TOTAL $589.59 12392 7/2/2024 FRANCOISE S ZAMBRA CONTRACT CLASS INSTRUCTOR 100520 55320 $480.00 CHECK TOTAL $480.00 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 12393 7/2/2024 FUN EXPRESS LLC DAY CAMP SUPPLIES 100520 51200 $520.15 7/2/2024 FUN EXPRESS LLC CONCERTS IN THE PARK SUPPLIES 100520 51200 $588.38 7/2/2024 FUN EXPRESS LLC CONCERTS IN THE PARK SUPPLIES 100520 51200 $88.95 7/2/2024 FUN EXPRESS LLC KINDER SKILLS AND RECREATION SUPPLIES 100520 51200 $316.17 7/2/2024 FUN EXPRESS LLC DAY CAMP SUPPLIES 100520 51200 $52.91 7/2/2024 FUN EXPRESS LLC SUPPLIES FOR DAY CAMP 100520 51200 $258.49 7/2/2024 FUN EXPRESS LLC SUPPLIES FOR DAY CAMP 100520 51200 $697.92 7/2/2024 FUN EXPRESS LLC SUPPLIES FOR DAY CAMP 100520 51200 $609.40 CHECK TOTAL $3,132.37 12394 7/2/2024 GERALDINE KELLER INSTRUCTOR PAYMENT - CULINARY - SUM 24 100520 55320 $18.00 CHECK TOTAL $18.00 12395 7/2/2024 GOVCONNECTION INC HP ALLETRA SERVER & HP DL380 SERVER 503230 56130 $67,403.88 CHECK TOTAL $67,403.88 12396 7/2/2024 WOODS MAINTENANCE SERVICES INC HOMELESS ENCAMPMENT CLEANUP - WASHINGTON AVE 6/21 100130 54900 $750.00 CHECK TOTAL $750.00 12397 7/2/2024 H & L CHARTER CO INC CHARTER SERVICES SENIOR EXCURSION 206520 55300 $1,200.31 CHECK TOTAL $1,200.31 12398 7/2/2024 HEATHER JEN CHANG CONTRACT CLASS INSTRUCTOR- ART 100520 55320 $546.00 CHECK TOTAL $546.00 12399 7/2/2024 HIRSCH PIPE & SUPPLY INC PARK & FACILITY MAINTENANCE SUPPLIES 100630 52320 $677.11 CHECK TOTAL $677.11 12400 7/2/2024 HODGMAN ENTERPRISES PRINTING, MAILING OF JULY 2024 NEWSLETTER ISSUED FY24 100240 52110 $3,761.67 CHECK TOTAL $3,761.67 12401 7/2/2024 HUMANE SOCIETY OF POMONA VALLEY INC IVHS ANIMAL CONTROL SERVICES IN MAY 100340 55404 $38,714.67 CHECK TOTAL $38,714.67 12402 7/2/2024 HYPERTEC USA INC TV MONITORS & MOUNTS 503230 56130 $1,154.67 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 7/2/2024 HYPERTEC USA INC TV MONITORS & MOUNTS 206650 56130 $16,070.69 7/2/2024 HYPERTEC USA INC TV MONITORS & MOUNTS 206650 56130 $975.21 7/2/2024 HYPERTEC USA INC TV MONITORS & MOUNTS 503230 56130 $7,809.35 CHECK TOTAL $26,009.92 12403 7/2/2024 JAMES EVENT PRODUCTION INC DEPOSIT FOR WINDMILL LIGHTING EQUIPMENT 100520 55300 $2,720.50 7/2/2024 JAMES EVENT PRODUCTION INC DEPOSIT FOR SNOW FEST ENTERTAINMENT AND EQUIPMENT 100520 55300 $9,900.00 CHECK TOTAL $12,620.50 12404 7/2/2024 JCL TRAFFIC SERVICES ROAD MAINTENANCE SUPPLIES (FY23- 24) 100655 51250 $1,220.64 CHECK TOTAL $1,220.64 12405 7/2/2024 JERMAR 29:11 INC FINAL BALANCE - DAY CAMP EXCURSION 100520 53520 $880.65 CHECK TOTAL $880.65 12406 7/2/2024 LOS ANGELES COUNTY FIRE DEPARTMENT 2024/2025 ANNUAL PAYMENT 100330 55406 $7,359.00 CHECK TOTAL $7,359.00 12407 7/2/2024 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAINT SYCAMORE CYN PARK (040124-051524) 100630 52320 $1,370.16 7/2/2024 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE SERVICES - MAY 2024 100610 55550 $2,640.71 CHECK TOTAL $4,010.87 12408 7/2/2024 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 GEN LAW ENF SERVICES - APR 2024 100310 55400 $657,980.44 7/2/2024 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 LAW ENF SERVICES CAV CHAPEL - APR 2024 100310 55402 $10,792.07 7/2/2024 LOS ANGELES COUNTY SHERIFF'S DEPT FY2023-24 LAW ENF SERVICES STREET SWEEP APR 20244 100310 55402 $159.00 CHECK TOTAL $668,931.51 12409 7/2/2024 LOS ANGELES UNIFIED SCHOOL DISTRICT BILINGUAL EXAM FEES 100220 54900 $180.00 CHECK TOTAL $180.00 12410 7/2/2024 LOWE'S BUSINESS ACCOUNT PARK FAC. MAINT. SUPPLIES 100630 51200 $120.13 7/2/2024 LOWE'S BUSINESS ACCOUNT PARK FAC.MAINT. SUPPLIES 100630 51200 $52.47 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 CHECK TOTAL $172.60 12411 7/2/2024 LUCKY ART LA LLC DAY CAMP EXCURSION 100520 53520 $1,072.02 CHECK TOTAL $1,072.02 12412 7/2/2024 MAC MEDIA GROUP LLC USED OIL FILTER EXCHANGE EVENTBUS SHELTER CAMPAIGN 253180 52160 $225.00 CHECK TOTAL $225.00 12413 7/2/2024 MARTIN B FELGEN INSTRUCTOR PAYMENT - STEM - SUM 24 100520 55320 $3,011.40 CHECK TOTAL $3,011.40 12414 7/2/2024 MATTHEW G PHAIRAS BAND FOR CONCERTS 6.19.2024 100520 55300 $2,500.00 CHECK TOTAL $2,500.00 12415 7/2/2024 MCE CORPORATION LANDSCAPE MAINTENANCE (LLAD 41) 241641 52320 $13,602.00 CHECK TOTAL $13,602.00 12416 7/2/2024 MOBILE RELAY ASSOCIATES INC REPEATER SERVICES FOR EMERGENCY PREPAREDNESS 100350 52300 $78.75 CHECK TOTAL $78.75 12417 7/2/2024 MT CALVARY LUTHERAN SCHOOL YOUTH SOCCER GYM RENTAL 100520 52302 $3,900.00 CHECK TOTAL $3,900.00 12418 7/2/2024 NEOGOV ANNUAL SUBSCRIPTION FEE-FY 24/25 100230 52314 $5,156.62 CHECK TOTAL $5,156.62 12419 7/2/2024 NEXTECH SYSTEMS INC TRAFFIC SIGNAL BATTERY BACK-UP 100655 55536 $14,455.73 CHECK TOTAL $14,455.73 12420 7/2/2024 NICHOLS CONSULTING ENGINEERS, CHTD RES & COLL & CURB RAMP AREAS 3, 4&5 THROUGH 6/7/24 301610 56101 $11,012.50 CHECK TOTAL $11,012.50 12421 7/2/2024 OAK TREE RECREATION LLC REMAINING BALANCE - DAY CAMP EXCURSION 100520 53520 $409.50 CHECK TOTAL $409.50 12422 7/2/2024 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $725.00 7/2/2024 OCCUPATIONAL HEALTH CENTERS OF CALIFORNIA PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $443.00 CHECK TOTAL $1,168.00 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 12423 7/2/2024 ONE TIME PAY VENDOR ELLEN KANG FACILITY DEPOSIT REFUND 100 20202 $1,650.00 CHECK TOTAL $1,650.00 12424 7/2/2024 ONE TIME PAY VENDOR FRANCES DOWNS RECREATION PROGRAM REFUND 100 20202 $65.00 CHECK TOTAL $65.00 12425 7/2/2024 ONE TIME PAY VENDOR JUNGHYUN KANG RECREATION PROGRAM REFUND 100 20202 $1,625.00 CHECK TOTAL $1,625.00 12426 7/2/2024 ONE TIME PAY VENDOR LATINA BUSINESS STUDENT ASSOCIATION FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 12427 7/2/2024 ONE TIME PAY VENDOR MARLYN CARROLL RECREATION PROGRAM REFUND 100 20202 $21.25 CHECK TOTAL $21.25 12428 7/2/2024 ONE TIME PAY VENDOR MISSION KOO RECREATION PROGRAM REFUND 100 20202 $349.00 CHECK TOTAL $349.00 12429 7/2/2024 ONE TIME PAY VENDOR PAMELA JONG RECREATION PROGRAM REFUND 100 20202 $21.25 CHECK TOTAL $21.25 12430 7/2/2024 ONE TIME PAY VENDOR PO-CHIA LIN RECREATION PROGRAM REFUND 100 20202 $60.00 CHECK TOTAL $60.00 12431 7/2/2024 ONE TIME PAY VENDOR SALLY FONG FACILITY DEPOSIT REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00 12432 7/2/2024 ONE TIME PAY VENDOR SUSAN NAKATA FACILITY DEPOSIT REFUND 100 20202 $200.00 CHECK TOTAL $200.00 12433 7/2/2024 ONE TIME PAY VENDOR SUZANNIE CASTANEDA FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 12434 7/2/2024 ONE TIME PAY VENDOR SUZIE TSENG RECREATION PROGRAM REFUND 100 20202 $150.00 CHECK TOTAL $150.00 12435 7/2/2024 ONE TIME PAY VENDOR TONI KRICKEL RECREATION PROGRAM REFUND 100 20202 $30.00 CHECK TOTAL $30.00 12436 7/2/2024 ONE TIME PAY VENDOR IVY WANG FACILITY DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 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 12437 7/2/2024 ONE TIME PAY VENDOR JACQUELINE OCHOA BUS LIC REFUND-LC2020-259 226 20602 $4.00 7/2/2024 ONE TIME PAY VENDOR JACQUELINE OCHOA BUS LIC REFUND-LC2020-259 100 48130 $10.00 7/2/2024 ONE TIME PAY VENDOR JACQUELINE OCHOA BUS LIC REFUND-LC2020-259 100 48140 $70.00 CHECK TOTAL $84.00 12438 7/2/2024 ONE TIME PAY VENDOR NATALIE CALDERON FACILITY REFUND 100 20202 $4,902.60 CHECK TOTAL $4,902.60 12439 7/2/2024 ONE TIME PAY VENDOR SAKINA ABOWATH FACILITIES REFUND 100 20202 $4,000.17 CHECK TOTAL $4,000.17 12440 7/2/2024 ONE TIME PAY VENDOR TRICIA NEGRON REIMB-MILEAGE CALPERS FORUM 10/2- 10/4/23 100210 52420 $115.94 CHECK TOTAL $115.94 12441 7/2/2024 ONE TIME PAY VENDOR - CND REFUND RODERICK NEIGHBORS C&D REFUND 21700 COPLEY DRIVE #360 100 22105 $2,400.00 CHECK TOTAL $2,400.00 12442 7/2/2024 OPCO TRANSIT INC FY 2023-24 DIAMOND RIDE SR TRANSP SVCS - MAY 2024 206650 55560 $25,776.49 CHECK TOTAL $25,776.49 12443 7/2/2024 PAPER RECYCLING & SHREDDING CITY HALL PAPER SHREDDING- JUNE 2024 250170 55000 $105.00 CHECK TOTAL $105.00 12444 7/2/2024 PYRO COMM SYSTEMS INC FIRE ALARM ANNUAL TESTING (HERITAGE PK 061424) 100630 52320 $350.00 CHECK TOTAL $350.00 12445 7/2/2024 REINBERGER CORPORATION BUSINESS CARDS 100130 52110 $63.51 7/2/2024 REINBERGER CORPORATION BUSINESS CARDS 100140 52110 $109.50 7/2/2024 REINBERGER CORPORATION BUSINESS CARDS 100130 52110 $86.51 CHECK TOTAL $259.52 12446 7/2/2024 RETAIL MARKETING SERVICES INC CART RETRIEVAL SERVICES- MAY 2024 250170 55000 $20.00 CHECK TOTAL $20.00 12447 7/2/2024 ROTH STAFFING COMPANIES, LP PW ADMIN TEMPORARY STAFFING - WEEK ENDING 06/09/24 100630 55000 $1,080.00 CHECK TOTAL $1,080.00 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 12448 7/2/2024 SAMAN MAHMOOD PARKS AND RECREATION COMMISSION STIPEND 100520 52525 $45.00 CHECK TOTAL $45.00 12449 7/2/2024 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS ANNUAL MEMBERSHIP DUES-FY 24/25 100130 52400 $6,818.73 7/2/2024 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS ANNUAL MEMBERSHIP DUES-FY 24/25 206650 52400 $20,000.00 CHECK TOTAL $26,818.73 12450 7/2/2024 SAN GABRIEL VALLEY REGIONAL HOUSING TRUST MEMBERSHIP DUES - FY24/25 100130 52400 $16,370.49 CHECK TOTAL $16,370.49 12451 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.04.2024 206520 55315 $510.79 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.06.2024 206520 55315 $472.95 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.11.2024 206520 55315 $567.54 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.13.2024 206520 55315 $472.95 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.18.2024 206520 55315 $472.95 7/2/2024 SANTA BARBARA TRANSPORTATION CORP BUS TRANSPORTATION FOR DAY CAMP ON 6.20.2024 206520 55315 $472.95 CHECK TOTAL $2,970.13 12452 7/2/2024 SC FUELS FLEET VEHICLE FUEL (060124-061524) FY23-24 502630 52330 $359.04 7/2/2024 SC FUELS FLEET VEHICLE FUEL (060124-061524) FY23-24 502620 52330 $409.86 7/2/2024 SC FUELS FLEET VEHICLE FUEL (060124-061524) FY23-24 502655 52330 $616.50 CHECK TOTAL $1,385.40 12453 7/2/2024 SCMAF CONTRACT CLASS INSURANCE 100520 55320 $903.00 7/2/2024 SCMAF CONTRACT CLASS INSURANCE 100520 55320 $770.00 CHECK TOTAL $1,673.00 12454 7/2/2024 SIMPSON ADVERTISING INC DESIGN OF JULY 2024 NEWSLETTER ISSUED FY2024 100240 54900 $2,475.00 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 7/2/2024 SIMPSON ADVERTISING INC COMMUNITY DEVELOPMENT HANDOUTS 100240 54900 $985.00 7/2/2024 SIMPSON ADVERTISING INC KEEP IT LOCAL LOGO 100150 52405 $775.00 7/2/2024 SIMPSON ADVERTISING INC BEERFEST FINAL AD/FLYER 2024 100150 52405 $415.00 CHECK TOTAL $4,650.00 12455 7/2/2024 SITEREP CONSTRUCTION SERVICES INC CONTRACT WITHHOLDING: 24000081 RETENTIONS 100 29004 $1,720.65 CHECK TOTAL $1,720.65 12456 7/2/2024 SOL SHINE PRODUCTIONS MOVIE SCREEN RENTALS - JUNE 100520 55300 $6,775.00 CHECK TOTAL $6,775.00 12457 7/2/2024 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS MEMBERSHIP & DUES FOR FY 2024-2025 100130 52400 $7,503.00 CHECK TOTAL $7,503.00 12458 7/2/2024 STAY GREEN INC LANDSCAPE MAINTENANCE (CH- JUNE2024) FY23-24 100620 52320 $1,172.00 7/2/2024 STAY GREEN INC LANDSCAPE MAINTENANCE (AS- NEEDED REPAIR 061224) 100620 52320 $418.34 CHECK TOTAL $1,590.34 12459 7/2/2024 STEPHEN QIU PARKS AND REC COMMISSION STIPEND 100520 52525 $45.00 CHECK TOTAL $45.00 12460 7/2/2024 SWANK MOTION PICTURES INC MOVIE LICENSING FOR 6.12.24 100520 55300 $720.00 7/2/2024 SWANK MOTION PICTURES INC MOVIE LICENSING FOR 6.19.24 100520 55300 $720.00 CHECK TOTAL $1,440.00 12461 7/2/2024 TENNIS ANYONE INC TENNIS INSTRUCTION 23-24 100520 55320 $7,770.28 CHECK TOTAL $7,770.28 12462 7/2/2024 THE JAY PARTICLE LLC DAY CAMP ENTERTAINMENT 100520 55315 $560.00 CHECK TOTAL $560.00 12463 7/2/2024 THE SAUCE CREATIVE SERVICES INC AD DESIGN FOR CONCERTS IN THE PARK 100520 52110 $75.00 7/2/2024 THE SAUCE CREATIVE SERVICES INC DESIGN AND PRINT SERVICES FOR CONCERTS 100520 52110 $2,476.73 CHECK TOTAL $2,551.73 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 12464 7/2/2024 THREE VALLEYS MUNICIPAL WATER DISTRICT JUNE 2024 LEADERSHIP BREAKFAST 100110 52410 $70.00 CHECK TOTAL $70.00 12465 7/2/2024 TOWN & COUNTRY EVENT RENTALS, LLC EQUIPMENT RENTAL FOR CONCERTS IN THE PARK 100520 52300 $3,516.91 CHECK TOTAL $3,516.91 12466 7/2/2024 TRANE SERVICE GROUP INC AC REPLACEMENT&AIR QUALITY UPGRADES (DBC)FY23-24 301630 56104 $460,000.00 CHECK TOTAL $460,000.00 12467 7/2/2024 TRIANGLE SPORTS INC YOUTH SOCCER JERSEYS 100520 51200 $1,004.38 CHECK TOTAL $1,004.38 12468 7/2/2024 TYLER TECHNOLOGIES INC ELM PROJECT MGMT HOURS - 6/18/2024 503230 56135 $800.00 CHECK TOTAL $800.00 12469 7/2/2024 ULINE INC GREEN BUSINESS PROGRAM- ORGANICS LINERS 250170 56116 $178.60 CHECK TOTAL $178.60 12470 7/2/2024 UNITED STATES POSTAL SERVICE BULK MAIL PERMIT #3339 POSTAGE FEES - REPLENISH 100240 52170 $36,500.00 CHECK TOTAL $36,500.00 12471 7/2/2024 VIDIFLO LLC ON CALL SUPPORT OF CABLE CHANNEL EQUIPMENT 100240 55000 $460.00 CHECK TOTAL $460.00 12472 7/2/2024 WALNUT VALLEY UNIFIED SCHOOL DISTRICT ADULT VOLLEYBALL RENTAL 100520 52302 $191.25 CHECK TOTAL $191.25 12473 7/2/2024 WALNUT VALLEY WATER DISTRICT CITYHALLW (050124-053124) 100620 52220 $954.55 7/2/2024 WALNUT VALLEY WATER DISTRICT D38W (050124-053124) 238638 52220 $10,242.94 7/2/2024 WALNUT VALLEY WATER DISTRICT 38RW (050124-053124) 238638 52220 $1,281.57 7/2/2024 WALNUT VALLEY WATER DISTRICT D39W (050124-053124) 239639 52220 $8,433.96 7/2/2024 WALNUT VALLEY WATER DISTRICT D41W (050124-053124) 241641 52220 $5,482.96 7/2/2024 WALNUT VALLEY WATER DISTRICT DBCW (050124-053124) 100510 52220 $535.71 7/2/2024 WALNUT VALLEY WATER DISTRICT PARKSW (050124-053124) 100630 52220 $25,549.76 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 7/2/2024 WALNUT VALLEY WATER DISTRICT PARKSRW (050124-053124) 100630 52220 $1,660.55 CHECK TOTAL $54,142.00 12474 7/2/2024 WEST COAST ARBORISTS INC TREE MAINTENANCE D39 (SILVERTIP PARK) FY23-24 239639 55522 $15,575.00 CHECK TOTAL $15,575.00 12475 7/2/2024 WILDLIFE CORRIDOR CONSERVATION AUTH MEMBERSHIP & DUES FY 24-25 100130 52400 $500.00 CHECK TOTAL $500.00 12476 7/2/2024 YOUTH EVOLUTION ACTIVITIES CONTRACT CLASS INSTRUCTOR-YOUTH SPORTS 100520 55320 $2,521.80 CHECK TOTAL $2,521.80 GRAND TOTAL $3,114,782.97 5.2.b Packet Pg. 50 Agenda #: 5.3 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: TREASURER'S STATEMENT. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve the June 2024 Treasurer’s Statement. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Consistent with City policy, the Finance Department presents the monthly Treasurer’s Statement to the City Council for review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City’s Investment Policy. PREPARED BY: REVIEWED BY: 5.3 Packet Pg. 51 Attachments: 1. 5.3.a Cash Balance Report - June 2024 2. 5.3.b Treasurer's Certification & Portfolio Report - June 2024 5.3 Packet Pg. 52 CASH & INVESTMENT BALANCES Cash Funds General Account $3,393,073.49 Payroll Account $0.00 Change Fund - General Fund $600.00 Petty Cash Account $700.00 Cash With Fiscal Agent (US Bank 2021 Bonds)$2,954.93 Total Cash Funds $3,397,328.42 City & LAIF Invested Funds (Book Value): Local Agency Investment Fund $2,101,635.72 City-Managed Fixed-Income Securities (0-5 year maturity) $73,949,145.41 Total Investment Funds (Book Value)$76,050,781.13 Fiscal Year-To-Date Effective Rate of Return (City Funds & LAIF)3.82%(12 Months) Fiscal YTD Interest Earnings (City Funds & LAIF)$2,751,228.63 (12 Months) FY 2023-24 Budgeted Investment Earnings (City Funds & LAIF)$987,450.00 (12 Months) Invested Funds With OPEB Trust (Managed by CalPERS/State Street) $782,822.16 Annualized rate of return as of 03/31/2024 (since 2016, 7.75 yrs)4.03% OPEB Trust Fiscal Year-To-Date Earnings $49,385.71 (12 Months) GRAND TOTAL - CASH & INVESTMENTS $80,230,931.71 CITY OF DIAMOND BAR - CITY TREASURER'S CASH BALANCE REPORT AS OF JUNE 30, 2024 5.3.a Packet Pg. 53 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $15,124,000.00 19.89%1,355 959 4.263% Local Agency Investment Fund $2,101,635.72 2.76%1 1 4.360% Corporate Notes $959,903.83 1.26%1,570 1,288 4.989% Federal Agency Coupon Securities $10,268,997.55 13.50%1,356 719 4.345% Federal Agency Discount-Amortizing $2,224,587.09 2.93%239 85 5.018% Treasury Coupon Securities $9,444,512.31 12.42%1,266 518 2.678% Federal Agency Callable $8,249,475.80 10.85%1,648 567 2.523% Certificates of Deposit-Banks $7,172,100.44 9.43%1,590 953 3.537% Municipal Bonds $1,841,768.11 2.42%1,593 897 4.005% Money Market Fund $18,663,800.28 24.54%1 1 5.230% Total Investments and Averages $76,050,781.13 100.00%1,004 544 4.085% TOTAL INTEREST EARNED I certify that this report accurately reflects all City pooled investments Daniel Fox and is in conformity with the investment policy of the City of Diamond Bar City Treasurer approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. $265,440.77 $2,751,228.63 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT June 30, 2024 MONTH ENDING FISCAL YEAR-TO-DATE June 30, 2024 2023-2024 5.3.b Packet Pg. 54 City of Diamond Bar Portfolio Management June 30, 2024 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Portfolio Summary % of Portfolio Book ValueInvestmentsMarket Value Par Value Days to MaturityTerm YTM/C Federal Credit Union CD 15,124,000.00 1,35519.89 4.26395915,058,725.4615,124,000.00 Local Agency Investment Funds 2,101,635.72 12.76 4.36012,069,750.752,101,635.72 Corporate Notes 959,903.83 1,5701.26 4.9891,288959,903.831,000,000.00 Federal Agency Coupon Securities 10,268,997.55 1,35613.50 4.34571910,289,802.9310,250,000.00 Federal Agency Disc. -Amortizing 2,224,587.09 2392.93 5.018852,224,587.092,250,000.00 Treasury Coupon Securities 9,444,512.31 1,26612.42 2.6785189,263,670.059,500,000.00 Federal Agency Callable 8,249,475.80 1,64810.85 2.5235677,892,179.888,250,000.00 Certificate of Deposit 7,172,100.44 1,5909.43 3.5379537,031,931.677,216,000.00 Municipal Bonds 1,841,768.11 1,5932.42 4.0058971,817,148.361,945,000.00 Money Market Fund 18,663,800.28 124.54 5.230118,663,800.2818,663,800.28 76,050,781.13 100.00%Investments 75,271,500.3076,300,436.00 1,004 544 4.085 Current Year June 30 265,440.77 Fiscal Year To Date 2,751,228.63 2,751,228.63 Fiscal Year Ending Average Daily Balance Effective Rate of Return 79,046,993.50 71,822,769.20 3.82%4.09% Total Earnings Month Ending __________________________________________________ ____________________ Jason M. Jacobsen, Finance Director Portfolio POOL AP Reporting period 06/01/2024-06/30/2024 Run Date: 07/09/2024 - 13:40 PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 July 09, 2024 5.3.b Packet Pg. 55 Days to Maturity Page 1 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 21Apple Bank For Savings10443 248,000.00 248,000.00 07/22/20243.20007/22/2022 248,000.00 73103784JTK0 3.200 21Baxter Credit Union10444 248,000.00 248,000.00 07/22/20243.15007/22/2022 248,000.00 73107181JAG9 3.150 25Utah Community Fed Cr Union10454 248,000.00 248,000.00 07/26/20243.15007/27/2022 248,000.00 730917352AA4 3.150 210A+ FEDERAL CU10528 249,000.00 249,000.00 01/27/20254.70001/27/2023 249,000.00 73100224TAL0 4.700 269CORP AMERICA FAMILY CU10649 248,000.00 248,000.00 03/27/20255.25003/27/2024 248,000.00 365219873AB2 5.250 322American Express Bank10419 246,000.00 246,000.00 05/19/20253.10005/18/2022 244,052.66 1,09702589ACS9 3.100 333US ALLIANCE FED CREDIT UNION10424 249,000.00 249,000.00 05/30/20253.10005/31/2022 246,987.08 1,09590352RCM5 3.100 364CALIFORNIA CREDIT UNION10621 243,000.00 243,000.00 06/30/20255.10012/28/2023 243,000.00 550130162BL3 5.100 371Sallie Mae Bank10461 248,000.00 248,000.00 07/07/20253.40007/06/2022 248,000.00 1,097795451BQ5 3.400 395GESA CREDIT UNION10570 248,000.00 248,000.00 07/31/20255.50007/31/2023 248,000.00 73137424PAG9 5.500 421Connexus CU10474 248,000.00 248,000.00 08/26/20253.50008/26/2022 248,000.00 1,09620825WBC3 3.500 441USF FCU10550 249,000.00 249,000.00 09/15/20255.05003/15/2023 249,000.00 91590353EBC6 5.050 452UNIVERSITY CREDIT UNION10492 249,000.00 249,000.00 09/26/20254.00009/26/2022 249,000.00 1,096914242AA0 4.000 470CHIEF FINANCIAL FCU10502 249,000.00 249,000.00 10/14/20254.60010/12/2022 249,000.00 1,09816863LAE5 4.600 480VERIDIAN CU10500 249,000.00 249,000.00 10/24/20254.50010/24/2022 249,000.00 1,09692348DAA7 4.500 575Community Commerce Bank10440 248,000.00 248,000.00 01/27/20263.05007/27/2022 248,000.00 1,28020367GBD0 3.050 575LIBERTY FIRST CU10530 249,000.00 249,000.00 01/27/20264.50001/27/2023 249,000.00 1,096530520AC9 4.500 576FIRST FARMERS BK & TRUST10648 249,000.00 249,000.00 01/28/20264.85003/28/2024 249,000.00 671320165LR2 4.850 581COCA-COLA FCU10529 249,000.00 249,000.00 02/02/20264.60001/31/2023 249,000.00 1,09819123RAA0 4.600 605GREENSTATE CREDIT UNION10255 248,000.00 248,000.00 02/26/20260.65002/26/2021 224,875.74 1,82639573LAV0 0.650 620MID CAROLINA CU10549 249,000.00 249,000.00 03/13/20264.85003/13/2023 249,000.00 1,09659524LAA4 4.850 630TECHNOLOGY CU10551 249,000.00 249,000.00 03/23/20265.00003/23/2023 249,000.00 1,09687868YAL7 5.000 634MVB BANK INC10646 249,000.00 249,000.00 03/27/20264.80003/27/2024 249,000.00 73062847NEL6 4.800 707Oregon Community Cred Un10675 248,000.00 248,000.00 06/08/20265.05006/07/2024 248,000.00 73168584JAV1 5.050 777PIMA FEDERAL CREDIT10575 248,000.00 248,000.00 08/17/20265.30008/17/2023 248,000.00 1,096722000AC0 5.300 812HEALTHCARE SYSTEMS FCU10496 249,000.00 249,000.00 09/21/20263.60009/21/2022 249,000.00 1,46142228LAH4 3.600 835VCC BANK10499 249,000.00 249,000.00 10/14/20264.25010/14/2022 249,000.00 1,46191823MBE4 4.250 882LAFAYETTE FCU10606 248,000.00 248,000.00 11/30/20265.25011/30/2023 248,000.00 1,09650625LBR3 5.250 893Timberland Bank Hoquaim10677 249,000.00 249,000.00 12/11/20264.85006/12/2024 249,000.00 91288709RBH1 4.850 898America's Credit Union10402 248,000.00 248,000.00 12/16/20261.35012/16/2021 227,139.23 1,82606251A3K4 1.350 900One Community Bank10676 249,000.00 249,000.00 12/18/20264.85006/18/2024 249,000.00 913682325EK7 4.850 911Medallion Bank10622 248,000.00 248,000.00 12/29/20264.50012/29/2023 248,000.00 1,09658404DUA7 4.500 945State Bank of India10410 248,000.00 248,000.00 02/01/20271.75001/31/2022 230,670.75 1,827856285E98 1.750 997SPOKANE TEACHERS CR UN10644 245,000.00 245,000.00 03/25/20274.75003/25/2024 245,000.00 1,095849061AF3 4.750 1,075Customers Bank10678 244,000.00 244,000.00 06/11/20274.85006/11/2024 244,000.00 1,09523204HPM4 4.850 1,084First Natl Bnk Blue Erth10681 248,000.00 248,000.00 06/20/20274.85006/20/2024 248,000.00 1,09532114MBC0 4.850 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 56 Days to Maturity Page 2 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Credit Union CD 1,116Toyota Financial SGS Bank10442 248,000.00 248,000.00 07/22/20273.40007/22/2022 248,000.00 1,82689235MNT4 3.400 1,121Capital One Bank USA10453 248,000.00 248,000.00 07/27/20273.50007/27/2022 248,000.00 1,82614042THZ3 3.500 1,171LUMINATE BANK10487 249,000.00 249,000.00 09/15/20273.40009/15/2022 249,000.00 1,82655026MAE5 3.400 1,177AUSTIN TELCO FCU10495 249,000.00 249,000.00 09/21/20273.80009/21/2022 249,000.00 1,826052392BT3 3.800 1,186JEANNE D'ARC CREDIT UNION10491 249,000.00 249,000.00 09/30/20273.80009/30/2022 249,000.00 1,826472207AE9 3.800 1,186BANK OF THE VALLEY NE10494 249,000.00 249,000.00 09/30/20274.10009/30/2022 249,000.00 1,82606543PDA0 4.100 1,309Hickam10639249,000.00 249,000.00 01/31/20284.15001/31/2024 249,000.00 1,46142869GAB2 4.150 1,346Alaska USA FCU10547 249,000.00 249,000.00 03/08/20284.60003/08/2023 249,000.00 1,827011852AE0 4.600 1,407Morgan Stanley Bank10662 244,000.00 244,000.00 05/08/20284.70005/08/2024 244,000.00 1,46161690DQK7 4.700 1,486TTCU FED CU10564 248,000.00 248,000.00 07/26/20285.00007/26/2023 248,000.00 1,82789854LAD5 5.000 1,519LINCOLN PARK COMMUNITY BANK10571 248,000.00 248,000.00 08/28/20285.00008/28/2023 248,000.00 1,827534574AC2 5.000 1,530PINAL COUNTY FED CU10578 248,000.00 248,000.00 09/08/20285.70009/08/2023 248,000.00 1,82772221MAA1 5.700 1,575Empower FED Credit Union10596 248,000.00 248,000.00 10/23/20285.10010/23/2023 248,000.00 1,827291916AG9 5.100 1,582UTAH FIRST CD10589 248,000.00 248,000.00 10/30/20285.10010/30/2023 248,000.00 1,82791739JAD7 5.100 1,582WORKERS FCU10590 248,000.00 248,000.00 10/30/20285.20010/30/2023 248,000.00 1,82798138MCA6 5.200 1,605TRUSTSTAR BANK10604 248,000.00 248,000.00 11/22/20284.75011/22/2023 248,000.00 1,82789839KAD7 4.750 1,613ROCKLAND FCU10607 248,000.00 248,000.00 11/30/20285.00011/30/2023 248,000.00 1,82777357DAB4 5.000 1,640Wells Fargo10617 248,000.00 248,000.00 12/27/20284.10012/27/2023 248,000.00 1,827949764JY1 4.100 1,662City Federal Credit Union10625 249,000.00 249,000.00 01/18/20294.00001/18/2024 249,000.00 1,82717783PAK7 4.000 1,711NICOLET NATIONAL BANK10643 249,000.00 249,000.00 03/08/20294.25003/08/2024 249,000.00 1,826654062LP1 4.250 1,716Univest Bank & Trust Co.10651 249,000.00 249,000.00 03/13/20294.25003/13/2024 249,000.00 1,82691527PCF2 4.250 1,778CBC Federal Credit Union10663 249,000.00 249,000.00 05/14/20294.65005/14/2024 249,000.00 1,82612481GAZ0 4.650 1,786First Foundation Bank10664 244,000.00 244,000.00 05/22/20294.60005/22/2024 244,000.00 1,82632026U5U6 4.600 1,795WASHINGTON FINANCIAL10674 244,000.00 244,000.00 05/31/20294.50005/31/2024 244,000.00 1,82693883MBA5 4.500 1,801Beal Bank-Plano TX10679 244,000.00 244,000.00 06/06/20294.65006/12/2024 244,000.00 1,82007371BWA5 4.650 15,124,000.00 1,35515,058,725.4615,124,000.0014,481,000.00Subtotal and Average 959 4.263 Local Agency Investment Funds 1Local Agency Investment Fund10028 2,101,635.72 2,101,635.72 4.3602,069,750.75 1LAIF 4.360 2,101,635.72 12,069,750.752,101,635.722,101,635.72Subtotal and Average 1 4.360 Corporate Notes 1,086Bank of America Corp.10515 500,000.00 460,462.53 06/22/20272.00012/27/2022 460,462.53 1,63806048WR36 5.000 1,474JOHN DEERE CAPITAL CORP10668 500,000.00 499,441.30 07/14/20284.95005/29/2024 499,441.30 1,50724422EXB0 4.979 959,903.83 1,570959,903.831,000,000.00959,362.97Subtotal and Average 1,288 4.989 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 57 Days to Maturity Page 3 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Agency Coupon Securities 74Federal Home Loan Bank10483 750,000.00 749,141.01 09/13/20243.50009/22/2022 749,141.01 7223130AT6G7 4.100 74Federal Home Loan Bank10533 750,000.00 749,737.80 09/13/20244.87502/22/2023 749,737.80 5693130ATVD6 5.058 235Federal Farm Credit Bank10543 500,000.00 499,429.86 02/21/20254.75003/01/2023 499,429.86 7233133EPBH7 4.939 354Federal Farm Credit Bank10458 500,000.00 500,911.55 06/20/20253.37507/11/2022 500,911.55 1,0753133ENZG8 3.176 620Federal Home Loan Bank10537 500,000.00 498,078.57 03/13/20264.37502/27/2023 498,078.57 1,110313373B68 4.619 711Federal Home Loan Bank10447 1,000,000.00 1,004,243.95 06/12/20263.37507/18/2022 1,004,243.95 1,4253130ASJ59 3.141 746Federal Farm Credit Bank10572 1,000,000.00 999,308.92 07/17/20264.62508/02/2023 999,308.92 1,0803133EPQC2 4.661 1,074INTER-AMERICAN DEV. BANK10498 500,000.00 492,598.79 06/10/20272.98009/13/2022 492,598.79 1,73145818WED4 3.902 1,075Federal Home Loan Bank10432 1,000,000.00 999,462.62 06/11/20273.50006/16/2022 1,020,268.00 1,8213130ASGU7 3.520 120Federal Home Loan Bank10588 1,000,000.00 1,000,000.00 10/29/20275.60010/30/2023 1,000,000.00 1,4603130AXMQ8 5.600 1,248Federal Farm Credit Bank10545 1,000,000.00 995,691.40 12/01/20274.12503/01/2023 995,691.40 1,7363133EPCG8 4.267 1,439Federal Home Loan Bank10563 500,000.00 503,500.64 06/09/20284.37507/21/2023 503,500.64 1,7853130AWMN7 4.177 1,551CITIBANK10631750,000.00 776,892.44 09/29/20285.80301/30/2024 776,892.44 1,70417325FBB3 4.847 634Federal Home Loan Bank10645 500,000.00 500,000.00 03/27/20294.85003/27/2024 500,000.00 1,8263130B0N70 4.850 10,268,997.55 1,35610,289,802.9310,250,000.0011,168,824.24Subtotal and Average 719 4.345 Federal Agency Disc. -Amortizing 32Federal Home Loan Bank10626 750,000.00 746,686.67 08/02/20244.97001/29/2024 746,686.67 186313384A58 5.169 98Federal Home Loan Bank10627 750,000.00 740,251.04 10/07/20244.77501/29/2024 740,251.04 252313384J75 4.975 126Federal Home Loan Bank10628 750,000.00 737,649.38 11/04/20244.70501/29/2024 737,649.38 280313384N39 4.910 2,224,587.09 2392,224,587.092,250,000.002,220,221.98Subtotal and Average 85 5.018 Treasury Coupon Securities 30U.S. Treasury10434 1,000,000.00 999,222.74 07/31/20241.75006/08/2022 975,742.00 784912828Y87 2.730 257U.S. Treasury10415 3,000,000.00 2,989,048.30 03/15/20251.75003/22/2022 2,903,439.00 1,08991282CED9 2.290 349U.S. Treasury10459 1,000,000.00 998,399.13 06/15/20252.87507/08/2022 998,399.13 1,07391282CEU1 3.051 456U.S. Treasury10456 1,000,000.00 998,123.41 09/30/20253.00007/11/2022 998,123.41 1,1779128285C0 3.158 487U.S. Treasury10445 1,000,000.00 998,416.03 10/31/20253.00007/18/2022 998,416.03 1,2019128285J5 3.125 913U.S. Treasury10403 1,000,000.00 997,416.22 12/31/20261.25001/04/2022 925,664.00 1,82291282CDQ1 1.357 1,094U.S. Treasury10436 1,000,000.00 1,006,509.21 06/30/20273.25007/14/2022 1,006,509.21 1,81291282CEW7 3.014 1,734U.S. Treasury10654 500,000.00 457,377.27 03/31/20292.37504/08/2024 457,377.27 1,81891282CEE7 4.393 9,444,512.31 1,2669,263,670.059,500,000.0010,409,177.18Subtotal and Average 518 2.678 Federal Agency Callable 25Federal Home Loan Mtg Corp10527 500,000.00 500,000.00 07/26/20245.02001/26/2023 500,000.00 5473134GYE57 5.020 287Federal Farm Credit Bank10259 500,000.00 500,000.00 04/14/20250.69004/14/2021 468,659.00 1,4613133EMVS8 0.690 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 58 Days to Maturity Page 4 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Federal Agency Callable 504Federal Farm Credit Bank10667 500,000.00 499,722.88 11/17/20255.00005/29/2024 499,722.88 5373133EREU1 5.041 54Federal Home Loan Bank10254 500,000.00 499,752.92 02/24/20260.62502/24/2021 460,993.50 1,8263130AL7M0 0.668 610Federal Farm Credit Bank10258 500,000.00 500,000.00 03/03/20260.79003/03/2021 463,515.50 1,8263133EMSH6 0.790 924Federal Farm Credit Bank10397 1,000,000.00 1,000,000.00 01/11/20271.47001/11/2022 933,642.00 1,8263133ENKG4 1.470 939Federal Farm Credit Bank10405 1,500,000.00 1,500,000.00 01/26/20271.84001/26/2022 1,417,582.50 1,8263133ENMA5 1.840 27Federal Home Loan Bank10406 1,500,000.00 1,500,000.00 01/28/20271.70001/28/2022 1,398,064.50 1,8263130AQKJ1 1.700 1,148Federal Farm Credit Bank10475 500,000.00 500,000.00 08/23/20274.03008/23/2022 500,000.00 1,8263133ENH52 4.030 182Federal Home Loan Bank10513 750,000.00 750,000.00 12/30/20274.55012/30/2022 750,000.00 1,8263130AUDL5 4.550 1,701Federal Home Loan Bank10641 500,000.00 500,000.00 02/26/20295.00002/26/2024 500,000.00 1,8273010B07G8 5.000 8,249,475.80 1,6487,892,179.888,250,000.008,924,409.25Subtotal and Average 567 2.523 Certificate of Deposit 37EnerBank USA10230 247,000.00 247,000.00 08/07/20242.15008/07/2019 241,213.04 1,82729278TKJ8 2.152 53Raymond James Bank NA10233 247,000.00 247,000.00 08/23/20242.00008/23/2019 240,310.01 1,82775472RAE1 2.002 322Capital One Bank10429 248,000.00 248,000.00 05/19/20253.10005/18/2022 246,036.83 1,09714042RRH6 3.100 323Synchrony Bank10430 248,000.00 248,000.00 05/20/20253.10005/20/2022 246,033.11 1,09687165GR79 3.100 331JP Morgan Chase10250 248,000.00 248,000.00 05/28/20251.05005/28/2020 231,727.23 1,82648128UDS5 1.010 336Discover Bank10431 246,000.00 246,000.00 06/02/20253.10006/01/2022 244,005.19 1,097254673F68 3.100 372Meritrust Fed CU10457 248,000.00 248,000.00 07/08/20253.35007/08/2022 248,000.00 1,09659001PAS8 3.350 612BANK UNITED NA10256 248,000.00 248,000.00 03/05/20260.65003/05/2021 224,768.35 1,826066519QK8 0.000 618Pathfinder Bank10257 249,000.00 249,000.00 03/11/20260.70003/11/2021 225,981.94 1,82670320KAX9 0.000 630Pentagon Federal Credit Union10414 248,000.00 248,000.00 03/23/20261.80003/22/2022 234,447.30 1,46270962LBH4 1.800 799Goldman Sachs Bank10260 248,000.00 248,000.00 09/08/20261.05009/08/2021 225,703.81 1,82638149MZJ5 1.051 800UBS Bank USA10261 248,000.00 248,000.00 09/09/20260.95009/09/2021 224,604.42 1,82690348JS92 0.000 872Toyota MTR Credit Corp10670 500,000.00 502,434.32 11/20/20265.40005/29/2024 502,434.32 90589236TLD5 5.179 1,052Cy Fair FCU10555 249,000.00 249,000.00 05/19/20274.35005/19/2023 249,000.00 1,46123288UAA5 4.355 1,121Third Fed Savings & Loan10455 245,000.00 245,000.00 07/27/20273.40007/27/2022 245,000.00 1,82688413QDM7 3.402 1,211PNC BANK NA10669 500,000.00 466,497.88 10/25/20273.10005/29/2024 466,497.88 1,24469353RFG8 5.335 1,683TEXAS INSTRUME10653 750,000.00 753,613.72 02/08/20294.60004/01/2024 753,613.72 1,774882508CG7 4.480 1,734UST10657750,000.00 733,554.52 03/31/20294.12504/22/2024 733,554.52 1,80491282CKG5 4.647 289Federal National Mtg Assn10655 500,000.00 500,000.00 04/16/20295.65004/16/2024 500,000.00 1,8263135GARH6 5.650 1,753Federal Home Loan Bank10661 500,000.00 500,000.00 04/19/20295.01004/19/2024 500,000.00 1,8263130B0YH6 5.010 1,753Freedom Northwest CU10658 249,000.00 249,000.00 04/19/20294.55004/19/2024 249,000.00 1,826356436AR6 4.550 7,172,100.44 1,5907,031,931.677,216,000.007,178,295.44Subtotal and Average 953 3.537 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 59 Days to Maturity Page 5 Par Value Book Value Maturity Date Stated RateMarket Value June 30, 2024 Portfolio Details - Investments Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date Municipal Bonds 123California St Univ Rev-Bond10251 100,000.00 100,000.00 11/01/20240.68509/17/2020 93,759.00 1,50613077DMK5 0.685 335CALIF STATE HLTH FACS AUTH10253 250,000.00 250,000.00 06/01/20250.95211/04/2020 231,621.25 1,67013032UXM5 0.952 761LOS ANGELES CA CMNTY CLG DIST10523 365,000.00 340,577.50 08/01/20261.17401/05/2023 340,577.50 1,30454438CYL0 4.700 1,126POWAY UNIFIED SCHOOL DIST10522 1,230,000.00 1,151,190.61 08/01/20272.41401/04/2023 1,151,190.61 1,670738850TA4 4.750 1,841,768.11 1,5931,817,148.361,945,000.001,840,266.44Subtotal and Average 897 4.005 Wells Fargo Sweep Account 1Wells Fargo10036 0.00 0.00 0.01007/01/2012 0.00 1SWEEP 0.010 0.00 00.000.000.00Subtotal and Average 0 0.000 Money Market Fund 1State Street Advisors10562 18,663,800.28 18,663,800.28 5.23005/31/2023 18,663,800.28 1857492888 5.230 1Western Asset10561 0.00 0.00 5.15005/25/2023 0.00 152470G882 5.150 18,663,800.28 118,663,800.2818,663,800.2819,763,800.28Subtotal and Average 1 5.230 1,00479,046,993.50 76,300,436.00 544 4.08575,271,500.30 76,050,781.13Total and Average Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 60 Days to Maturity Page 6 Par Value Book Value Stated RateMarket Value June 30, 2024 Portfolio Details - Cash Average BalanceIssuer Portfolio Management City of Diamond Bar YTM/C TermCUSIPInvestment # Purchase Date 0.00 1,00479,046,993.50 76,300,436.00 544 4.085 0 0Average Balance 75,271,500.30 76,050,781.13Total Cash and Investments Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM2) 7.3.0 5.3.b Packet Pg. 61 Page 1 Stated Rate Transaction Date June 1, 2024 through June 30, 2024 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Federal Credit Union CD Beal Bank-Plano TX10679 244,000.004.650 06/12/2024 0.0007371BWA5 Customers Bank10678 244,000.004.850 06/11/2024 0.0023204HPM4 First Natl Bnk Blue Erth10681 248,000.004.850 06/20/2024 0.0032114MBC0 Oregon Community Cred Un10675 248,000.005.050 06/07/2024 0.0068584JAV1 One Community Bank10676 249,000.004.850 06/18/2024 0.00682325EK7 Timberland Bank Hoquaim10677 249,000.004.850 06/12/2024 0.0088709RBH1 0.00 15,124,000.00Subtotal1,482,000.00 Local Agency Investment Funds (Monthly Summary) 2,101,635.72Subtotal Corporate Notes 959,903.83Subtotal Federal Agency Coupon Securities Federal Home Loan Bank10460 0.002.750 06/28/2024 1,000,000.003130ASDS5 1,000,000.00 10,268,997.55Subtotal0.00 Federal Agency Disc. -Amortizing 2,224,587.09Subtotal Treasury Coupon Securities U.S. Treasury10435 0.001.750 06/30/2024 1,000,000.009128286Z8 1,000,000.00 9,444,512.31Subtotal0.00 Federal Agency Callable Federal Home Loan Mtg Corp10433 0.003.125 06/28/2024 750,000.003134GXYM0 750,000.00 8,249,475.80Subtotal0.00 Certificate of Deposit 7,172,100.44Subtotal Municipal Bonds CALIF STATE HLTH FACS AUTH10252 0.000.752 06/01/2024 200,000.0013032UXL7 200,000.00 1,841,768.11Subtotal0.00 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM3) 7.3.0 Report Ver. 7.3.6.1 5.3.b Packet Pg. 62 Page 2 Stated Rate Transaction Date June 1, 2024 through June 30, 2024 Activity By Type Balance Portfolio Management City of Diamond Bar CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Wells Fargo Sweep Account 0.00Subtotal Money Market Fund State Street Advisors10562 84,431.925.230 2,500,000.00857492888 2,500,000.00 18,663,800.28Subtotal84,431.92 76,050,781.13Total5,450,000.001,566,431.92 Portfolio POOL AP Run Date: 07/09/2024 - 13:40 PM (PRF_PM3) 7.3.0 5.3.b Packet Pg. 63 Agenda #: 5.4 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING ELEMENT AND TO CONFORM WITH STATE LAW (PL 2022-59). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve for second reading by title only, waive full reading, and adopt Ordinance No. 03 (2024) (Development Code Amendment No. PL2022 -59): “Ordinance No. 03 (2024): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS. FINANCIAL IMPACT: None. BACKGROUND: On June 18, 2024, the City Council conducted a public hearing and approved for first reading Ordinance No. 03 (2024) to amend Title 22 of the Diamond Bar City Code (“Development Code”) to implement Housing Programs contained in the City’s certified 2021-2029 Housing Element, to conform to changes in new State housing laws and City policies, and to make typographical corrections and clarifications . There were no changes made to the Draft Ordinance as presented at the meeting. A copy of the June 18, 2024 staff report is included in Attachment 2 for reference. The City Council approved the first reading by a 5-0 vote. 5.4 Packet Pg. 64 Ordinance No. 03 (2024) (Attachment 1) is now being presented for its second reading by title only and adoption, and will become effective 30 days from July 16, 2024. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.4.a Ordinance No. 03 (2024); Development Code Amendment PL2022 -59 2. 5.4.b City Council Staff Report Dated June 18, 2024 5.4 Packet Pg. 65 ORDINANCE NO. 03 (2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS. WHEREAS, On November 3, 1998, the City of Diamond Bar adopted a Development Code (Title 22 of the Diamond Bar City Code); WHEREAS, on December 17, 2019, the City Council adopted an updated General Plan to create a vision and blueprint for development through 2040; WHEREAS, on August 11, 2022, the City Council adopted the City’s 6th Cycle (2021-2029) General Plan Housing Element, which was subsequently found by the California Department of Housing and Community Development (HCD) to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) on October 5, 2022; WHEREAS, the Development Code requires periodic updates to ensure consistency with City policies, new State laws, and to improve clarity to better serve the public; WHEREAS, the proposed Development Code amendments correct various typographical errors and provide clarification related to certain Code provisions, update Code provisions to conform to changes in State laws, and implement the Housing Action Plan in the City’s 6th Cycle (2021-2029) Housing Element, including Programs H-11, H- 12, and H-13; WHEREAS, pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on May 3, 2024, and a copy of the public notice was posted at the City’s designated community posting sites. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, a nd all business items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024; WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code, Planning Case No. PL2022-59, and adopted Resolution No. 2024-07 recommending City Council approval of said Development Code Amendment; 5.4.a Packet Pg. 66 Ordinance No. 03 (2024) 2 WHEREAS, on June 18, 2024, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendment; and WHEREAS, the City Council hereby finds that the proposed amendments are internally consistent with the General Plan and other adopted goals and policies of the City and adopts the facts and reasons stated in Planning Commission Resolution No. 2024-06, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Paragraph (3) of Subsection (c) of Section 22.04.020 (Rules of Interpretation) of Title 22, Chapter 22.04 of the Diamond Bar City Code is hereby amended to make non-substantive changes as follows (deletions in strikethrough text and additions shown in double underline): (3) Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum floor area ratio of 0.25 applied to a site of 25,856 25,853 square feet results in a maximum allowable floor area of 7,757 6,463 square feet (25,856 25,853 x .025 0.25 = 7,756.8, rounded up to 7,757 6,463.25, rounded down to 6,463). The maximum FAR itself (0.09, 0.25, etc.) is never rounded. Section 2. Table 2-3 (Allowed Uses and Permit Requirements for Residential Zoning Districts) of Section 22.08.030 (Residential zoning district land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended (a) to reclassify “residential care facilities, general” from a conditionally permitted use to a permitted use in the RM (medium density residential), RMH (medium/high density residential), RH (high density residential), and RH-30 (high density residential – 30 dwelling units per acre) zoning districts; (b) to add “transitional housing” and “support housing” as expressly permitted uses in all residential zones; and (c) to delete “second units” from the list of land uses in the Table, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirements by District Land Use (1) RR RL RLM RM RMH RH RH- 30 See Standards in Section: . . . RESIDENTIAL USES (4) 5.4.a Packet Pg. 67 Ordinance No. 03 (2024) 3 Residential care facilities, general CUP P CUP P CUP P CUP P . . . Second units P P 22.42.120 . . . Transitional / supportive housing P P P P P P P 22.42.170 . . . Section 3. Table 2-4 (Residential District General Development Standards) of Section 22.08.040 (Residential zoning district general development standards) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended to add a reference to Section 22.68.030 for required side setbacks applicable to changes or expansions to residential dwelling units with nonconforming setbacks , as follows (deletions in strikethrough text and additions shown in double underline): TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature RR RL RLM RM RMH RH RH-30 … … … … … … … … Sides (each) (4) 15 ft. on one side, and 10 ft. on the other; but not less than 25 ft. between structures on adjoining parcels 10 ft. on one side, and 5 ft. on the other; but not less than 15 ft. between structures on adjoining parcels 5 ft. 5 ft. 5 ft.; plus 1 ft. for each story over 2 … … … … … … … Height limit (4)(5) 35 ft. 35 ft. … … … Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management). Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter. 5.4.a Packet Pg. 68 Ordinance No. 03 (2024) 4 (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a conditional use permit within areas subject to section 22.22.040 (Hillside management—Density) may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Front setbacks listed are minimums. For single-family detached tract development, a minimum five-foot setback variation for adjacent residential units is required. (4) See section 22.68.030 (b)(2) for nonconforming side setbacks and distance separations to dwelling units. (4) (5) Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions). Section 4. Table 2-5 (Allowed Uses and Permit Requirements for Office Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to reclassify “Medical services-Clinics and laboratories” from a conditionally permitted use to a permitted use in the OP (office, professional) zoning district; (b) to delete “schools, public and private” and “studios, art, dance, music, photography, etc.” from the list of land uses in the Table; (c) to classify “public schools,” as a permitted use and “private schools,” “trade schools,” and “specialized education and training” as conditionally permitted uses in the OP (office, professional), OB (office, business park), and CO (commercial office) zoning districts; and (d) to delete footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirement by District LAND USE(1) OP OB(3) CO See Standards in Section: . . . . . . . . . . . . . . . RECREATION, EDUCATION & PUBLIC ASSEMBLY USES . . . . . . . . . . . . . . . Schools, public and private P P P Schools, private CUP CUP CUP Schools, trade CUP CUP CUP Studios, art, dance, music, photography, etc. CUP Specialized education and training CUP CUP CUP . . . . . . . . . . . . . . . 5.4.a Packet Pg. 69 Ordinance No. 03 (2024) 5 SERVICE USES Medical services-Clinics and laboratories CUP P P P . . . . . . . . . . . . . . . . . . Notes: . . . (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. Section 5. Table 2-6 (Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to add “low-barrier navigation centers,” as a permitted use in the I (light industry) zoning district, subject to requirements set forth in Section 22.42.170; (b) to add “supportive housing” as described in Section 22.42.170(b), which is configured as a single-room occupancy housing development, as a permitted use in the I (light industry) zoning district, subject to specified standards and requirements; (c) to add other types of “transitional housing” and “supportive housing” configured as single- room occupancy housing developments as conditionally permitted uses in the I (light industry) zoning district, subject to specified standards and requirements; (d) to delete “schools—specialized education and training and non -degree,” “studios—photograph, portrait, martial arts, dance, aerobics, etc.,” and “retail sales” from the list of land uses in the Table; (e) to classify “trade schools” as a conditionally permitted use in the C-1 (neighborhood commercial) and C-2 (community commercial) zoning districts; (f) to classify “specialized education and training” as a conditionally permitted use in the C-1 (neighborhood commercial), C-2 (community commercial), C-3 (regional commercial), and I (light industry) zoning districts, subject to specified requirements; (g) to classify “studios” that offer instruction as a conditionally permitted use and studios that do not offer instruction as a permitted use in the I (light industry) zoning district; and (h) to delete existing footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards in Section: . . . . . . . . . . . . . . . . . . 5.4.a Packet Pg. 70 Ordinance No. 03 (2024) 6 MISCELLANEOUS Emergency shelters P Low-barrier navigation centers P 22.42.170 Single-room occupancy housing CUP 22.42.160 Transitional / supportive housing . . . . . . . . . P or CUP (6) 22.42.170 . . . . . . . . . . . . . . . . . . RECREATION, EDUCATION & PUBLIC ASSEMBLY USES . . . . . . . . . . . . . . . . . . Schools, trade CUP CUP Schools—Specialized education and training and non-degree CUP CUP See (5) CUP Specialized education and training CUP CUP See (5) CUP Studios—Photograph, portrait, martial arts, dance, aerobics, etc. CUP CUP CUP Studios P or CUP (7) . . . . . . . . . . . . . . . . . . . . . Notes: . . . (5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15 percent of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. 5.4.a Packet Pg. 71 Ordinance No. 03 (2024) 7 (6) Transitional or supportive housing developments located in the Industrial zoning district shall be configured as, and are subject to the standards and restrictions that apply to, single-room occupancy housing. A supportive housing development as described in Section 22.42.170(b) is a permitted use in the Industrial zoning district subject to ministerial zoning clearance and/or plot plan review; other transitional or supportive housing developments located in the Industrial zoning district require conditional use permit approval and are subject to the same permitting requirements as a single-room occupancy housing development. (7) A CUP shall be required for studios that offer instruction. Section 6. Subsection (1) of Section 22.16.070 (Open space for commercial projects) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to correct a typographical error, as follows (deletions in strikethrough text and additions shown in double underline): (1) Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of 0.01 one (1) percent of the total land area of the center as useable pedestrian- oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Section 7. Sub-subsections (c) and (d) of Subsection (3) (Allowed projections into setbacks) of Section 22.16.090 (Setback regulations and exceptions) of Title 22, Chapter 22.16 of the Diamond Bar City Code are hereby amended to re-letter the sub- subsections and clarify permitted locations and projections into setbacks for porches, as follows (deletions in strikethrough text and additions shown in double underline): c. Porches and stairways. The following standards shall apply to porches and stairways: c. 1. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback. d. 2. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows: (a) Front yard setback: Up to six feet into a required front yard; (b) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; (c) Rear yard setback: Up to six feet into a required rear yard. 5.4.a Packet Pg. 72 Ordinance No. 03 (2024) 8 d. e. Setback requirements for specific structures: . . . Section 8. Section 22.16.130 (View protection) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to delete Figure 3-5. Section 9. Chapter 22.18 of Title 22 of the Diamond Bar City Code is hereby repealed and replaced with new Chapter 22.18, entitled “Special Procedures Applicable to Housing Development Projects,” to read in its entirety as follows: CHAPTER 22.18. - SPECIAL PROCEDURES APPLICABLE TO HOUSING DEVELOPMENT PROJECTS Sec. 22.18.010 – Affordable housing incentives/density bonus provisions. (a) Purpose. The purpose of this section is to implement the incentive programs provided in Government Code Sections 65915 through 65918 (referred to collectively in this Section as the “State Density Bonus Law”) in order to provide additional opportunities for the provision of affordable housing within the City of Diamond Bar. (b) Applicability. This section applies to any “housing development,” as defined in the State Density Bonus Law, including, without limitation, a development project for five or more residential units, including a mixed-use development, or a senior citizen housing development consisting of at least 35 units. This section also applies to density bonuses for land donations in accordance with Government Code Section 65915. In exchange for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios, a portion of the units shall be reserved for very low income households, lower income households, senior citizen households, moderate income households, transitional foster youth, disabled veterans, homeless persons, or lower income college students as provided in this section and the State Density Bonus Law. All such projects shall comply with all requirements stated in the State Density Bonus Law and shall be subject to the subdivision, plot plan review and/or development review requirements of this title, as applicable. This section shall be interpreted in a manner consistent with the State Density Bonus Law, as it may be amended from time to time, and the requirements of the State Density Bonus Law shall prevail over any conflicting provision of this Development Code. (c) Definitions. As used in this section 22.18.010, the terms base density, concession, density bonus, development standard, disabled veterans, homeless persons, housing development, incentive, located within one-half mile of a major transit stop, lower income households, lower income student, maximum allowable residential density, moderate income households, persons 5.4.a Packet Pg. 73 Ordinance No. 03 (2024) 9 and families of moderate income, qualified nonprofit housing corporation, replace, senior citizen housing development, shared housing building, shared housing unit, total dwelling units, total units, transitional foster youth, unit, unobstructed access to the major transit stop, very low income households, and very low income vehicle travel area shall have the meanings ascribed to them in the State Density Bonus Law, as it may be amended from time to time. (d) Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this section and/or the State Density Bonus Law shall be granted a density bonus or bonuses in an amount specified in the State Density Bonus Law, as it may be amended from time to time. Eligibility for and/or calculation of a density bonus shall be subject to the following: (1) A density bonus is a density increase over the otherwise maximum allowable gross residential density for a site as of the date of application by the applicant to the city. For the purpose of calculating the density bonus, the maximum allowable residential density, or base density, shall be the greatest number of units allowed on the site under the Development Code, an applicable specific plan, or the land use element of the General Plan. Each component of any density calculations, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. (2) Except as otherwise required by the State Density Bonus Law, the density bonus units shall not be included when determining the number of required affordable units or senior citizen units. (3) The developer can request a smaller density bonus than the project is entitled to, including no increase in density, but no reduction shall be permitted in the number of required affordable units. (4) For purposes of calculating the amount of the density bonus, an applicant who requests a density bonus shall elect the category and corresponding provision of the State Density Bonus Law pursuant to which the density bonus will be awarded. Unless otherwise specified in this Section or the State Density Bonus Law, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined. (5) The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, study, or other discretionary approval. (6) Pursuant to California Government Code Section 65915.5, the conversion of apartments to a condominium project shall not be eligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915. (e) Specific requirements. (1) Senior citizen housing requirements. 5.4.a Packet Pg. 74 Ordinance No. 03 (2024) 10 a. Senior citizen housing development projects shall have a minimum of 35 units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. b. Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation. (2) Land donation requirements. An applicant for a tentative map, parcel map or any other residential development approval shall receive a density bonus for the residential development in an amount specified by Government Code Section 65915, as it may be amended from time to time, when the applicant donates land to the city as provided in this section. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35 percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met: a. The developer shall donate and transfer land to the city no later than the date of approval of the final map or other approvals required for the residential development. b. The developable acreage and general plan and zoning designation of the land being transferred are sufficient to permit development of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. c. The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units and shall have the appropriate general plan designations and be appropriately zoned with appropriate development standards for development at a density of at least 30 dwelling units per acre. d. The transferred land shall be served by adequate public facilities and infrastructure. e. The transferred land and the very low income units constructed shall be subject to a deed restriction recorded with the county recorder, to ensure continued affordability of the units consistent with this Section, and the property owner shall enter into an affordable housing agreement with the city pursuant to this Section. The deed restriction / affordable housing agreement shall be recorded on the property at the time of the transfer. f. The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city. g. The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter mile from the boundary of the qualified project, if the city so approves. h. No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall 5.4.a Packet Pg. 75 Ordinance No. 03 (2024) 11 have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, and a proposed source of funding for the very low income units shall have been identified. (3) Child care facility requirements. a. Subsect to subsection (e)(3)(c), below, the city shall grant either of the following to a qualifying housing development that includes a child care facility located on the premises of, or adjacent to, the project: i. An additional density bonus that is an amount of square feet of residential space equivalent to the square footage of the childcare facility; or ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. b. As a condition of receiving the additional density bonus or concession for a child care facility, the project shall comply with the following requirements: i. The child care facility shall remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable. ii. Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units required to be set aside for each such group. c. Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. (4) Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein and the provisions of Section 22.18.020, including in the following circumstances: a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five (5) year period preceding the application; or 5.4.a Packet Pg. 76 Ordinance No. 03 (2024) 12 c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five (5) year period preceding the application. (f) Regulatory Agreement. As a condition to the City’s granting of a density bonus, incentives or concessions, waivers or reductions in development standards, and/or reduced parking ratios pursuant to this Section, the property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 22.18.030, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915. (g) Concessions or incentives. In compliance with State Density Bonus Law, developers that request a density bonus to provide on-site affordable housing may also eligible to receive one or more concessions or incentives, based on the type and scope of the project. (1) The review authority shall grant applicants for qualified projects the number of incentives and concessions required by Government Code Section 65915. The review authority shall approve a specific requested concession or incentive for a proposed project unless the review authority makes a written finding, based on substantial evidence, of any of the following: a. The concession or incentive does not result in identifiable and actual cost reductions in order to provide for affordable housing costs or for affordable rents for the targeted units to be set aside; b. The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would be contrary to state or federal law. (2) Menu of concessions/incentives. Concessions or incentives that a developer may request include those of the type set forth in subsection (k) of Section 65915 of the California Government Code, including the following: a. Relaxation or other modification of zoning standards regulating such items as setbacks, height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like, which result in identifiable, and actual cost reductions. No separate variance application will be required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project. 5.4.a Packet Pg. 77 Ordinance No. 03 (2024) 13 b. Modification of architectural regulations ordinarily applied to a residential development project, which result in identifiable and actual cost reductions. c. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. d. Other regulatory incentives or concessions proposed by the developer or the City, which result in identifiable, and actual project cost reductions. (3) Parking incentives. a. Notwithstanding any other provision of this title, except as otherwise required pursuant to the State Density Bonus Law or other applicable law, if requested by the developer, the minimum number of off-street parking spaces, inclusive of accessible and guest parking spaces, required to be provided for all units within a qualifying density bonus housing development shall be as follows: Number of Bedrooms Required Parking Spaces per Unit* 0 to 1 bedroom 1 2 to 3 bedrooms 1.5 4 or more bedrooms 2.5 *If the total number of spaces required for a development results in a fractional number, it shall be rounded up to the next whole number. ** Developments meeting the requirements of subdivisions (p)(2) or (p)(3) of Government Code Section 65915 may provide fewer parking spaces per unit as specified in the State Density Bonus Law. (h) Physical Constraints. In accordance with Government Code Section 65915(e), in addition to any concessions or incentives requested, an applicant for a density bonus pursuant to this section may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions to which the applicant is entitled. The review authority shall approve a requested waiver or reduction of a development standard, unless it makes any of the following findings: (1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant. (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code 5.4.a Packet Pg. 78 Ordinance No. 03 (2024) 14 Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) The waiver or reduction of the development standard would be contrary to state or federal law. (i) Project review procedures. All project applications for which a density bonus, concessions or incentives, modifications or waivers of development standards, and/or reduced parking ratios is/are being requested shall be reviewed in accordance with section 22.18.040 and shall be subject to the following project review procedures: (1) In addition to any other application required for a proposed housing development project, applications for any requested density bonus, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to this section shall be filed with the department pursuant to section 22.44.030. The application shall be filed concurrently with the application or applications for other required land use permits and approvals for the proposed project and shall be processed in the same manner as, and concurrently with, the application or applications for other required project approvals. In addition to any other information requested by the director, the application shall identify the category and corresponding provision(s) of the State Density Bonus Law pursuant to which a density bonus is requested; the base density of the proposed project; the number of density bonus units requested, along with supporting calculations; any concessions/incentives requested, any development standards requested to be waived/modified, and any reduced parking ratios requested pursuant to subsection (g)(3). The application shall be accompanied by reasonable documentation satisfactory to the director to establish eligibility for all requested density bonuses and parking ratios. Upon approval of a housing development project pursuant to this section, the planning division shall note in the project record that a density bonus has been granted, and the approved plans and application shall identify all concessions and incentives and/or waivers and modifications granted and any special conditions imposed on the project to ensure unit affordability. Sec. 22.18.020 – Dwelling unit protection regulations. (a) Purpose and Applicability. The purpose of this Section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This Section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code. (b) Definitions. If defined in therein, terms used in this Section shall have the same meaning as defined in Government Code Sections 66300.5-66300.6. Unless otherwise defined in 5.4.a Packet Pg. 79 Ordinance No. 03 (2024) 15 Government Code Sections 66300.5-66300.6, as used in this section, the following terms shall have the following meanings: 1. “Affordable housing cost” has the same meaning as defined in Health and Safety Code Section 50052.5. 2. “Affordable rent” has the same meaning as defined in Health and Safety Code Section 50053. 3. “Comparable unit” shall have the same meaning as the term “comparable replacement dwelling” as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a “comparable unit” need not contain more than three (3) bedrooms or have the same or similar square footage or the same number of total rooms. 4. “Development project” means the development of land requiring City approval. A development project includes, but is not limited to, a housing development project. 5. “Equivalent size” means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced. 6. “Extremely low income households” has the same meaning as defined in Health and Safety Code Section 50106. 7. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 8. “Housing development project” has the same meaning as defined in Government Code Section 65905.5. 9. “Lower income households” has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households. 10. “Protected unit” shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, existing or previously demolished residential dwelling units that are or were either rented by lower or very low income households or subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five (5) year period preceding the application submittal date. 11. “Relocation Assistance Law” shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations. 12. “Replace” has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level. 5.4.a Packet Pg. 80 Ordinance No. 03 (2024) 16 13. “Replacement protected units” means and refers to affordable residential units proposed to be developed to replace one or more protected units. 14. “Very low income households” has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households. (c) One-to-One Replacement of Demolished Dwelling Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project. (d) Replacement of Protected Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five (5) years, unless all applicable requirements, including, but not limited to, the following, are complied with: 1. Number of Total Units Required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date. 2. Number of Replacement Protected Units Required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and Section 22.18.010. a. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the 5.4.a Packet Pg. 81 Ordinance No. 03 (2024) 17 United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. b. Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy the protected units at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. c. Replacement Protected Unit Size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced. . d. Single-Family Projects Involving a Single Protected Unit. Notwithstanding any other provisions of this subsection (d)(2), if a development project consists of the development of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level. 3. Location of Replacement Protected Units. If the project is a housing development project, replacement protected units shall be constructed on the same site as the demolished protected units being replaced and integrated into the development project, if feasible. Subject to approval of the final review authority, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the City zoned for residential use, provided that (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit. 5.4.a Packet Pg. 82 Ordinance No. 03 (2024) 18 4. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project. 5. Affordability Restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. Replacement protected units that will be offered for sale shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915. 6. Regulatory Agreement Required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to section 22.18.030. (e) Benefits to be Provided to Occupants of Protected Units. The final review authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply the requirements set forth in this subsection (e) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act. 1. Right to Remain in Occupancy Pending Demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six (6) months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six (6) months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the director. 2. Right to Return if Demolition Does Not Proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. 3. Right of First Refusal for a Comparable Unit in New Housing Development Project. Except as otherwise expressly provided in this subsection (e)(3), the record owner(s) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. Notwithstanding the foregoing, this subsection (g)(3) shall not apply to either (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; (ii) units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size 5.4.a Packet Pg. 83 Ordinance No. 03 (2024) 19 limitations or other requirements of one or more funding source of the housing development; or (iii) a development project that is an industrial use and to which the requirement to provide replacement units does not apply. 4. Relocation Benefits. a. The applicant and/or the record owner(s) of a protected unit that will be demolished as part of a development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments. b. The applicant shall engage a qualified third-party contractor or consultant (a “relocation consultant”) approved by the director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits. c. The applicant’s relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the director. The relocation plan shall include, without limitation, provisions addressing the following: i. determination of eligibility requirements; ii. identification of eligible occupants; iii. occupant interviews and needs assessments; iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area; v. identification of specific replacement housing options; vi. the provision for relocation advisory services to affected occupants; vii. a description of the relocation benefits available to eligible occupants; viii. a process for the provision of benefits and the submission of benefit claims by eligible occupants; ix. a process for occupants to appeal benefit determinations; and x. procedures for providing the benefits required pursuant to this subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits. d. Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the director certifying that 5.4.a Packet Pg. 84 Ordinance No. 03 (2024) 20 the relocation process has been completed and that all required relocation benefits have been provided. (f) Fees. The City may impose a fee or fees to recover the City’s other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this Section. Any such fees shall be adopted by resolution of the City Council. (g) Reimbursement of City’s Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (f), in addition to such fees, if benefits are required to be provided to existing occupants of protected units pursuant to subsection (e), the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant’s submittal of any notice, agreement, plan, or other document requiring approval of the director pursuant to subsection (e), the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. Sec. 22.18.030 – Affordable housing regulatory agreements. (a) Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or State law. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. “Affordable Units” means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code. 2. “Owner” means the record owner or owners of the parcel or parcels on which affordable units will be located. 3. “Regulatory Agreement” means an agreement or agreements entered into between the City and an owner pursuant to this Section. (c) Requirement for Regulatory Agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the City meeting the requirements of this section in the form approved by the City Manager. 5.4.a Packet Pg. 85 Ordinance No. 03 (2024) 21 (d) Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following: 1. Identification of Affordable Units. The number, affordability level, unit size and bedroom count mix, and location of the affordable units shall be set forth in the regulatory agreement. Unless otherwise mutually agreed by the applicant and City, affordable units shall be dispersed throughout the project. Projects that include mixed income multifamily structures shall comply with the requirements set forth in Health and Safety Code Section 17929. 2. Timing of Construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project. 3. Affordability Period for Affordable Units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program associated with the development project. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period for affordable units that will be rented shall be a minimum of fifty -five (55) years and the required affordability for affordable units that will be offered for sale shall be a minimum of forty-five (45) years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. 4. Annual Tenant Income Verification, Compliance Reporting, and Certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement. 5. For-Sale Affordable Units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring the owner to either (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the City. If the affordable units are developed pursuant to section 22.18.010 or section 22.18.020, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the 5.4.a Packet Pg. 86 Ordinance No. 03 (2024) 22 City, which address, among other things, the purchaser’s obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re-sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period. 6. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner’s maintenance obligations and the City’s rights in the event the owner fails to adhere to its maintenance obligations. 7. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to director and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement. 8. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement. 9. Marketing and Sale of Affordable Units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit. 10. Marketing and Management Plan for Rental Affordable Units. For multi-family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City’s approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income 5.4.a Packet Pg. 87 Ordinance No. 03 (2024) 23 and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner’s monitoring and recordkeeping obligations; (ix) the owner’s property management duties; (x) the owner’s plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project. 11. Provisions regarding Section 8 Certificates. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., “Section 8 certificates”), which shall include the following requirements and limitations: a. The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates. b. Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant’s actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program. c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants. d. If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control. 5.4.a Packet Pg. 88 Ordinance No. 03 (2024) 24 12. Annual Monitoring Fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse City for the estimated reasonable costs incurred by the City in administering and monitoring the owner’s compliance with the regulatory agreement, including, but not limited to, City’s review of annual compliance reports and conduct of inspections and/or audits. (e) Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the City Manager, the regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. (f) Delegation of Authority. The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City. (g) Fees. The City may charge a fee or fees to recover the City’s reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council. (h) Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with (i) preparation of the regulatory agreement and ancillary documents; (ii) establishing the affordable sales price and verifying the incomes and eligibility of prospective buyers of for-sale affordable units; (iii) review of the initial marketing and management plan and any amendments thereto; (iv) review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and (v) inspections and audits. (i) Preparation of Regulatory Agreement; Reimbursement Agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. 5.4.a Packet Pg. 89 Ordinance No. 03 (2024) 25 Sec. 22.18.040 Review of housing development projects. (a) Purpose. The purpose of this Section is to implement specified provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this Section and any provision of State law, the provision of State law shall govern. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. “Housing Accountability Act” means and refers to the provisions of Government Code Section 65589.5. 2. “Housing development project” shall have the same meaning as defined in the Housing Accountability Act and includes (a) developments consisting of two or more residential units, (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing. 3. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584. 4. “Housing for very low, low, or moderate income households” shall have the same meaning as defined in the Housing Accountability Act. 5. “Specific, adverse impact” shall have the same meaning as defined in the Housing Accountability Act. Generally, a “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for a housing development project is deemed complete. (c) Compliance with State law. 1. Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915-65918, 65583, 65584, 65863, 65905.5, 65912.100-65912.105, 65852.24, 65852.28, 65913-65913.16, 65914.7, 65940-65945.3,65650-65656, 65660-65688, 66300-66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with State law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the City. 2. Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was 5.4.a Packet Pg. 90 Ordinance No. 03 (2024) 26 deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. 3. Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act. (d) Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act. (e) Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply. 1. Hearings. Government Code Section 95905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant’s designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings. 2. Required findings. Except as otherwise permitted or required by State law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in 5.4.a Packet Pg. 91 Ordinance No. 03 (2024) 27 accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to Section 22.18.050. The findings set forth in Sections 22.48.040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project. 3. Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act. 4. Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with. (f) Ministerial review. The provisions of this subsection shall apply in the event that State law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a “use by right” as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation, (a) multi-family housing development projects located on Housing Element Parcels, in which at least twenty percent (20%) of the housing units are affordable to lower-income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et. seq., 65660 et. seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et. seq., 65912.120 et. seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8. 1. The director is authorized to ministerially review and approve or disapprove the application(s) for the proposed housing development project in accordance with applicable law. The director’s decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the Commission, who’s decision shall be final. 2. If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the “no net loss” provisions of Government Code Section 65863 and Section 22.18.050 apply and the director must also make the required findings. 3. Except to the extent otherwise provided by State law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the City. 4. Except as otherwise provided by State law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress. (g) Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, 5.4.a Packet Pg. 92 Ordinance No. 03 (2024) 28 which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and State law. Sec. 22.18.050 No Net Loss (a) Purpose. The purpose of this section is to implement the No Net Loss Law and the “no net loss” provisions of the Housing Crisis Act. (b) Definitions. The following definitions shall apply for purposes of this Section: 1. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 2. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584. 3. “Lower residential density” has the same meaning as defined in the No Net Loss Law. Except as otherwise provided in the No Net Loss Law, lower residential density means fewer residential units in any income category than were (a) projected in the housing element site inventory to be accommodated on a housing element parcel or (b) projected in a housing element program to be developed on a housing element parcel. 4. “Not Net Loss Law” means and refers to the provisions of Government Code Section 65863, as such provisions may be amended from time to time. (c) No net loss provisions applicable to all parcels where housing is an allowable use. With respect to land where housing is an allowable use, the Housing Crisis Act limits the City’s authority to change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or to reduce the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district. Therefore, notwithstanding any other provisions of this Development Code, for so long as the Housing Crisis Act continues to so limit the City’s authority, the City shall not be obligated to accept or process an application for a general plan amendment, zoning map amendment, or zoning text amendment affecting a parcel on which housing is an allowable use if said application requests to change the general plan land use designation, specific plan land use designation, or zoning applicable to the parcel in a manner that would reduce the parcel’s residential development capacity. (d) No Net Loss Law provisions applicable to housing element parcels. 1. Reductions of allowable residential density. Except as otherwise authorized pursuant to the No Net Loss Law, in addition to any other findings required pursuant to Sections 22.60, 22.70, and/or any other applicable provision of this Development Code, prior to or concurrent with approving any general plan amendment, specific plan amendment, zoning ordinance, or any other action to reduce, or require or permit the 5.4.a Packet Pg. 93 Ordinance No. 03 (2024) 29 reduction of, the allowable residential density for any housing element parcel, the City Council shall make written findings supported by substantial evidence of both of the following: a. The reduction of residential density is consistent with the adopted general plan, including the housing element. b. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. 2. Approval of development of a housing element parcel at a lower residential density. a. Prior to or concurrent with approving an application allowing development of a housing element parcel at a lower residential density, the final review authority shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. b. If the final review authority approves a development project on a housing element parcel that results in a lower residential density and does not find that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level in accordance with the No Net Loss Law. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to the No Net Loss Law, the final review authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City’s share of the regional housing need. 3. Applicant responsibility. If an applicant for a development project or permit requests in its initial application, as submitted, a non-residential development or a mixed- use or residential development at a residential density that would result in the remaining sites in the housing element not being adequate to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the No Net Loss Law as follows: 5.4.a Packet Pg. 94 Ordinance No. 03 (2024) 30 a. The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City’s share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site consents to rezoning and/or identification of the site in the housing element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete. b. The applicant shall fund and/or provide outreach to property owners and tenants of property within the vicinity of candidate sites as required by the director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites. c. To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required general plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City. Section 10. Paragraph 1 of Sub-subsection a. of Subsection (5) of Section 22.30.080 (Driveways and site access) of Title 22, Chapter 22.30 of the Diamond Bar City Code is hereby amended to provide additional clarification pertaining to the permitted location of a driveway extension and to replace the existing diagram with a new diagram, as follows (deletions in strikethrough text and additions shown in double underline): (5) Driveway width and length. a. Single-family uses. 1. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side property line nearest to the driveway and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. An extension of the driveway toward the side yard farthest from the driveway shall not be permitted. Front yard area shall be measured from the front property line to the front building line. 5.4.a Packet Pg. 95 Ordinance No. 03 (2024) 31 Front Yard Section 11. Table 3-15 (Required Setbacks–Accessory Uses and Structures) of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to specify setback requirements for fish ponds and fountains in the front yard of single-family detached homes, as follows (deletions in strikethrough text and additions shown in double underline): Single-Family Detached Homes Accessory Structure Type of Setback 1 Required Setback 2 . . . . . . . . . Swimming pool, spa, the fish pond, outdoor play equipment, fountains, decorative pools,3,4 Sides, rear Street side 5 feet As required for main structure . . . . . . . . . Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. 5.4.a Packet Pg. 96 Ordinance No. 03 (2024) 32 (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel. (3) Rear yard setback for a detached accessory structure on a double-frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet. (4) Shall be in compliance with the standards set forth in the Building Code, such as maximum depth and pool barrier requirements. Section 12. Section 22.42.120 (Accessory dwelling units and junior accessory dwelling units) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to conform with State law, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.42.120. - Accessory dwelling units and junior accessory dwelling units. The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with the Housing Element of the Diamond Bar General Plan. (1) Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the City. (2) Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code sections 65852.2 and 65855.22and shall be applied in a manner that is consistent with state law. (3) Effect of Conforming. Consistent with state law, an ADU that conforms to the provisions of this section (a) shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Definitions. As used in this section, the following terms shall have the following meanings: a. The terms “accessory dwelling unit”, “accessory structure”, “efficiency unit”, “living area”, “nonconforming zoning condition”, “passageway”, “proposed dwelling”, “public transit”, and “tandem parking” all have the same meaning as that stated in Government Code section 65852.2 66313 as that section may be amended from time to time. The terms “accessory dwelling unit” and “ADU” shall have the same meaning. b. The term “junior accessory dwelling unit” shall have same meaning as that stated in Government Code section 66313 65852.22(h)(1) as that section may be amended from time to time. The terms “junior accessory dwelling unit” and 5.4.a Packet Pg. 97 Ordinance No. 03 (2024) 33 “JADU” shall have the same meaning. c. The term “attached ADU” means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure. d. The term “detached ADU” means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure. e. The term “converted ADU” means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. (5) Areas Allowed. a. ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling. b. JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses. (6) Number Allowed. a. Single-Family Lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with a single-family dwelling; provided, however, that a single-family lot may have both one JADU and either (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area. b. Multifamily Lots. Multifamily lots may have either up to two detached ADUs and or multiple converted ADUs as follows: i. No more than a total of two (2) detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures. ii. On lots with no detached ADUs, one (1) or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed twenty-five (25) percent of the existing multifamily dwelling units on the lot. For the purpose of 5.4.a Packet Pg. 98 Ordinance No. 03 (2024) 34 calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed. iii. Detached ADUs may not be combined on the same multifamily lot with converted ADUs. (7) ADU Standards and Criteria. a. Development Standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet. b. Location on Lot. Attached and detached ADUs shall not be constructed within required setback areas. New detached ADUs shall be located in the rear half of the lot. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the requirements of this subsection (7)(b) would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with all other applicable development standards. c. Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts. d. Passageway. No passageway shall be required in conjunction with the construction of an ADU. e. Setbacks. i. Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs. ii. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes. f. Building Separation. 5.4.a Packet Pg. 99 Ordinance No. 03 (2024) 35 i. A minimum separation of six feet is required between a detached ADU and the primary dwelling unit. ii. A minimum separation of six feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property, provided, however, that a detached ADU may be attached to a freestanding garage in compliance with all Building Code requirements. iii. Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure. g. Minimum ADU Size. An ADU shall have a minimum floor area of at least 220 square feet. h. Maximum ADU Size. i. Attached ADUs: The total floor area of an attached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. 2. Two or more bedrooms: 1,000 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. ii. Detached ADUs: The total floor area of a detached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet. 2. Two or more bedrooms: 1,000 square feet. 3. Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet. iii. Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. 5.4.a Packet Pg. 100 Ordinance No. 03 (2024) 36 iv. Patios and Porches. An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations. i. Height. i. Detached ADUs: A. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit New attached and detached ADUs shall be one story, constructed at ground level, and shall not exceed sixteen (16) feet. in height as measured from the finished grade to the highest area of the roofline. B. The height of a detached ADU located on a lot with an existing or proposed multifamily, multistory dwelling unit, shall not exceed eighteen (18) feet. C. The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one- half of one mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet; provided, however, that up to an additional two (2) feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. Attached ADUs: The height of an attached ADU shall not exceed twenty-five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two (2) stories. iii. Converted ADUs: Converted ADUs are not subject to a height limitation. iv. Measurement: The height of an ADU shall be as measured from the finished grade to the highest area of the roofline. j. Exterior Design. Except to the extent necessary to meet current fire and building codes, A an ADU shall match the architectural style and design features of the primary residential structure as provided below, including, but not limited to: i. Exterior finishes: Exterior finish Mmaterials shall be the same as or visually match those of the primary residential structure in terms of, colors, type, size, and placement. surface treatments and details; ii. Roofing Pitch: Type, pitch and materials Roof pitch shall be the same as the predominant roof pitch of the primary residential structure; iii. Proportion and form Trim: The trim around the doors and windows shall be the same type and finish as the primary residential structure; and 5.4.a Packet Pg. 101 Ordinance No. 03 (2024) 37 iv. Windows: Type, forms, and dimensional ratios Windows shall match those of the primary residential structure in terms of type, proportion (height and width ratio) and orientation (vertical vs. horizontal); v. Eaves: For an attached ADU, eaves shall project from the ADU the same distance as the eaves on the primary residential structure. For a detached ADU, eaves shall project from the ADU at least one foot on all elevations; vi. Fascia Boards: Fascia boards shall match the primary structure or in the event the primary structure has 2x4, shall be no wider than 2x6; and vii. The front elevation of an ADU that is visible from the street shall have the same architectural details as the primary residential structure. A converted ADU that is constructed within all or a portion of the permitted existing interior space of a dwelling or accessory structure is not required to meet the foregoing exterior design standards; provided, however, that exterior alterations to the structure such as those necessary to meet building codes must meet the relevant design standards above. k. Recreational Vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle. l. Off-Street Parking. i. One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the existing approved driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080. ii. Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances: 1. If the ADU is located within one-half mile walking distance of public transit. 2. If the ADU is located within a historic district. 3. If the ADU is part of the proposed or existing primary residence or an accessory structure; 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one block of the ADU. 5.4.a Packet Pg. 102 Ordinance No. 03 (2024) 38 6. If the ADU is a detached ADU that has a total floor area of 800 square feet or less. 7. If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures. iii. The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. m. Utility Service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted. n. Impact Fees. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, “impact fee” does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable. (8) Standards and Criteria Applicable to JADUs. a. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage. b. Unit Size. A JADU shall not exceed 500 square feet in size. c. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it located. d. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. e. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area. f. Parking. No additional off-street parking is required for a JADU beyond that 5.4.a Packet Pg. 103 Ordinance No. 03 (2024) 39 required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces. g. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. h. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. (9) Other Requirements. a. No Separate Conveyance. Except as otherwise provided in Government Code section 65852.2666341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership. b. No Short-Term Rental Permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be longer than 30 days or longer. c. Owner Occupancy. i. ADUs. Owner-occupancy of a lot on which an ADU is located is not required. ii. JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. D. Recorded Covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owner(s) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU / JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director. 5.4.a Packet Pg. 104 Ordinance No. 03 (2024) 40 (10) Permit Application and Review Procedures. a. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling. b. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. c. Review. Except as otherwise provided herein, tThe director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application. Notwithstanding the foregoing sentence, beginning January 1, 2025, the director shall consider and approve or disapprove a complete application for a detached ADU within thirty (30) days from the date the City receives a complete application if the application utilizes either (i) an ADU plan pre-approved by the City within the current triennial California Building Standards Code rulemaking cycle or (ii) a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule-making cycle. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If the director disapproves an application for an ADU or JADU, the director shall concurrently return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as a condition of approval of a permit application for the creation of an ADU or JADU. e. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with 5.4.a Packet Pg. 105 Ordinance No. 03 (2024) 41 an ADU, unless the property is located within an architecturally and historically significant historic district. e f. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision (a)(e)(1) of Government Code section 6632365852.2. Section 13. Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to add new Section 22.42.170 pertaining to transitional and supportive housing to read in its entirety as: Sec. 22.42.170. – Transitional and supportive housing. (a) Transitional Housing and Supportive Housing. Consistent with subdivision (c)(3) of California Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the department based on the predominant characteristics of the proposed development. The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the department necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582. (b) Permanent Supportive Housing For Persons Experiencing Homelessness. Notwithstanding any other provision of this Development Code, in accordance with California Government Code Section 65650 et. seq., a supportive housing development shall be a use by right in any zoning district where multifamily and mixed uses are permitted and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65653 if it conforms to each of the following requirements: i. The development shall consist of 50 units or fewer. ii. The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multifamily residential components of mixed-use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents. iii. The development shall satisfy all requirements set forth in California Government Code Section 65651, including, without limitation, the following: A. Units with the development shall be subject to a recorded affordability restriction for 55 years. B. One hundred percent of the units, excluding managers’ units, within the development shall be restricted to lower income households and receiving 5.4.a Packet Pg. 106 Ordinance No. 03 (2024) 42 public funding to ensure affordability of the housing to lower income Californians. C. At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in California Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager’s units, in the development shall be restricted to such residents. D. Nonresidential floor area shall be used for onsite supportive services in the following amounts: 1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services. 2. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. E. The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915. F. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator. iv. The applicant shall submit for review and approval by the Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with California Government Code Section 65652. Such on-site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services. v. The property owner shall enter into a regulatory agreement with the City, in a form approved by the City Manager, to ensure compliance with the provisions of Government Code Section 65651 and this Section. The regulatory agreement shall be recorded as a covenant against the property prior to issuance of a building permit for any structure in the development. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the covenant or regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The 5.4.a Packet Pg. 107 Ordinance No. 03 (2024) 43 City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. (c) Low-Barrier Navigation Centers. Notwithstanding any other provision of this Development Code, a low-barrier navigation center shall be permitted as a use by right in any areas zoned for mixed use and in nonresidential zoning districts permitting multifamily uses and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65664 if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low-barrier navigation center shall provide all information reasonably requested by the department necessary to establish that it meets all applicable requirements. Section 14. Table 4-1 of Section 22.44.020 (Authority for land use and zoning decisions) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to delete the “Hearing Officer” column from the Table and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews and minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Type of Permit or Decision Director Hearing Officer Planning Commission City Council . . . . . . . . . . . . . . . Administrative development review Final Final Appeal Appeal . . . . . . . . . . . . . . . Minor conditional use permits Final Final . . . . . . . . . . . . . . . Note: The director and hearing officer may defer action on permit applications and refer the item(s) to the commission for the final decision. Section 15. Subsection (a) of Section 22.44.040 (Application fees) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): (a) Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, 5.4.a Packet Pg. 108 Ordinance No. 03 (2024) 44 rather then than a flat application fee(s), in compliance with the city's fee resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete. Section 16. Subsection (a) of Section 22.47.020 (Applicability) of Title 22, Chapter 22.47 of the Diamond Bar City Code is hereby amended to remove decks and tenant improvements from the list of improvements requiring a plot plan review, as follows (deletions in strikethrough text and additions shown in double underline): (a) Required. A plot plan review shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code. A plot plan review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area of all existing structures on the site in residential zoning districts, retaining walls, decks, tenant improvement, and similar structures/improvements. Where no other authorization is required, a request for plot plan review shall be approved by the department before the commencement of any business or land use activity. Section 17. Subsection (b) of Section 22.48.030 (Application, processing, and review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline): (b) Factors to be considered. In conducting the review for a particular project, the hearing officer director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general. Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city. Section 18. Section 22.48.050 (Responsibility for development review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to make a typographical correction and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.48.050. - Responsibility for development review. (a) Development review commission Planning Commission. The commission is authorized to impose conditions which may include the following: (1) Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; (2) Requirements for installation and maintenance of landscaping and erosion control measures; 5.4.a Packet Pg. 109 Ordinance No. 03 (2024) 45 (3) Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; (4) Regulation of hours or other characteristics of operation; (5) Requirements for maintenance of on-site improvements; (6) Establishment of development schedules or time limits for performance or completion; and (7) Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above. (b) Administrative development review—Hearing officer Director. The hearing officer director is authorized to impose conditions which may include those areas listed in section 22.48.050(a), above. If, in the opinion of the hearing officer director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for administrative development review and that require commission consideration, the hearing officer director shall defer and refer the application to the commission for review and decision. Section 19. Section 22.56.020 (Applicability) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.020. - Applicability. An application for a minor conditional use permit may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a minor conditional use permit. A public hearing is required for all minor conditional use permits, which shall be considered by the hearing officer director. Section 20. Subsection (c) of Section 22.56.030 (Application filing, processing, and review) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.030. - Application filing, processing, and review. (a) Filing. An application for a minor conditional use permit shall be completed, filed and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.56.040 (Findings and decision), below. (b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter. 5.4.a Packet Pg. 110 Ordinance No. 03 (2024) 46 (c) Notice and hearings. Upon receipt of a minor conditional use permit application in proper form, the hearing officer director shall hold at least one public hearing, in compliance with chapter 22.72 (Public Hearings). Section 21. Section 22.56.040 (Findings and decision) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.040. - Findings and decision. Following a public hearing, the hearing officer director shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made: Section 22. Section 22.56.050 (Conditions of approval) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.050. – Conditions of approval. In approving a minor conditional use permit, the hearing officer director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by (Findings and decision), above. Section 23. Section 22.60.020 (Applicability) of Title 22, Chapter 22.60 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): A specific plan, which is designed to provide for flexibility and encourage innovate innovative use of land resources and development of a variety of housing and other development types, shall be required under the following circumstances: (1) Sphere of influence. Areas included within the city's sphere of influence require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure; (2) Planning areas. Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); (3) Specific plan zoning district. Areas designated specific plan zoning district require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); and (4) Private property owners. A specific plan, as a tool which is available to private property owners not covered by subsections (1), (2), and (3), above, could assist in the comprehensive master planning of a specific site(s). 5.4.a Packet Pg. 111 Ordinance No. 03 (2024) 47 Section 24. Subsection (a) of Subsection (1) of Subsection (b) of Section 22.68.020 (Restrictions on nonconforming uses) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): (b) Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made: (1) Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not: a. Be granted more then than one time; and b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion. Section 25. Paragraph (2) of Subsection (b) of Section 22.68.030 (Restrictions on nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to clarify the reference to side setbacks, as follows (deletions in strikethrough text and additions shown in double underline): (b) Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision). In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adjoining parcels, a minor conditional use permit shall not be required if the proposed change or expansion meets the following criteria: (1) The addition or improvement conforms to all other applicable provisions of this Development Code; and (2) An addition to the first floor (i.e., the floor level closest in elevation to the adjacent street grade) or lower levels may have the same side setbacks as the adjoining portion of the existing structure; however, if the existing adjoining side setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot setback. Section 26. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar City Code is hereby amended to revise the definitions of “supportive housing” and “transitional housing” to conform to State law, replace the existing definition of “school” with new separate definitions for “private school,” “public school,” and “trade school,” replace the existing definition of “studios for art, dance, music, photography, etc.” with new separate definitions for “studio” and “specialized education and training,” revise, and add new definitions for “low-barrier navigation center” 5.4.a Packet Pg. 112 Ordinance No. 03 (2024) 48 and “public right-of-way,” as follows (deletions in strikethrough text and additions shown in double underline): . . . (l) Definitions, “L.” The following definitions are in alphabetical order: . . . Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 6-6 (Lot Features). The director shall determine lot width for parcels of irregular shape. Low-barrier navigation center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low-barrier navigation center includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the California Government Code. Lumber and wood product manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: Containers, pallets and skids Milling operations Trusses and structural beams Turning and shaping of wood products Wholesaling of basic wood products Wood product assembly Craft-type shops are included in "handcraft industries and small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "building material stores." . . . (p) Definitions, “P.” The following definitions are in alphabetical order: . . . Public nuisance. A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Civil Code § 3480. A public nuisance is an act or omission which interferes with the interests of the community or interferes with the public health, safety, and welfare. Public right-of-way. The area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. 5.4.a Packet Pg. 113 Ordinance No. 03 (2024) 49 Public safety facilities. Facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. . . . (s) Definitions, “S.” The following definitions are in alphabetical order: School. An institution of learning, whether public or private that offers instruction, training, testing, apprenticeship, tutoring, exam preparation, educational guidance, counseling and evaluation. Learning may occur at training facilities, educational institutions, and through correspondence, television, Internet, or other means such as: Boarding schools Business, secretarial, and vocational schools Community colleges, colleges and universities Elementary, middle, and junior high schools Establishments providing courses by mail or Internet High schools Military academies Professional schools (law, medicine, etc.) Seminaries/religious ministry training facilities Also includes specialized non-degree grant schools offering instructions in: Art studio Ballet and other dance studios Computers and electronics Drama studio Drivers' education Language Martial arts studio Math Music Science Tutorial services Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, arts, communications, and management. Does not include preschools and child day care facilities (see "child day care facilities"). School, Private. An institution conducting regular academic instruction at kindergarten, elementary, secondary or higher levels operated by a nongovernmental organization and which is not a trade school. 5.4.a Packet Pg. 114 Ordinance No. 03 (2024) 50 School, Public. A public governmental institution conducting regular academic instruction at kindergarten, elementary, secondary, or higher levels. School, Trade. Private schools offering preponderant instruction in the technical, commercial and/or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools, and similar commercial establishments. Second hand stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of antiques is included under "art, antique, collectible and gift sales." The sale of cars and other used vehicles is included under "auto, mobile home and vehicle sales." Does not include pawn shops. . . . Sound level meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters. Specialized education and training. Small scale facilities, typically occupying no more than one demised instructional space. These include facilities for, but not limited to, art, ballet and other dance, drama, drivers' education, language, martial arts, math, music, science, tutorial services. Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, communications, and management. Does not include preschools and child day care facilities (see "child day care facilities"). Stand. A natural grouping of three or more trees. . . . Studios for art, dance, music, photography, etc. Facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios. Studio. The workplace of one (1) or more individuals who are engaged in the production of works of art or handcrafts for a living, including, but not limited to, painting, sculpture, music, photography, ceramics and glass works. Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide land or real property for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. . . . Supportive housing. Housing configured as rental housing developments A housing development, as defined in either Section 65582 or 65650 of the California Government Code, with no limit on length of stay, that is occupied by the applicable target population as defined in Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. Supportive housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics of the use. Supportive housing does not include parolee-probationer homes; nor 5.4.a Packet Pg. 115 Ordinance No. 03 (2024) 51 does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. . . . (t) Definitions, “T.” The following definitions are in alphabetical order: . . . Transitional housing. Housing A form of supportive housing consisting of buildings configured as rental housing developments, but operated under program requirements that require call for the termination of assistance and recirculating recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which that shall be no less than six months from the beginning of the assistance, pursuant to Subsection (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics of the use. Transitional housing does not include parolee-probationer homes; nor does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. . . . Section 27. The City Council finds that this Ordinance is not subject to , and/or is exempt from, review under the California Environmental Quality Act (“CEQA”). The amendments pertaining to transitional and supportive housing, low -barrier navigation centers, general residential care facilities, affordable housing and density bonus regulations, dwelling unit protection regulations, review by the City of applications for permits and/or land use entitlements for housing development projects, and no net loss regulations implement or repeat existing provisions of state law and are therefore ministerial actions that are not subject to CEQA. In addition, the amendments pertaining to transitional and supportive housing, low - barrier navigation centers, general residential care facilities, density bonus regulations, and accessory dwelling units were contemplated in the Housing Element Update and are within the scope of the Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan certified by the City Council on December 17, 2019, as addended pursuant to the Addendum adopted by the City Council on August 11, 2022 in conjunction with adopt ion of the Housing Element Update, and thus no further environmental review is required as to these amendments pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the amendments will not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. To the extent they are subject to review under CEQA, the amendments to Section 22.42.120 pertaining to accessory dwelling units are also statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h). 5.4.a Packet Pg. 116 Ordinance No. 03 (2024) 52 To the extent they are subject to review under CEQA, the amendments pertaining to transitional and supportive housing and low-barrier navigation centers are categorically exempt pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures). To the extent they are subject to review under CEQA, the amendments modifying the definitions and use tables pertaining to schools, studios, and facilities for education and training in the I (light industry) zoning district are categorically exempt pursua nt to CEQA Guidelines section 15301 (Existing Facilities) as the type of uses under these use categories are already permitted or conditionally permitted in the applicable zones or less intensive zones (i.e., studios are existing permitted uses in commerci al zoning districts and are similar to other uses already permitted in the I (light industry) zoning district). The amendments clarifying permitted locations and projections into setbacks for porches (Section 22.16.090) and specifying setback requirements for fish ponds and fountains in the front yard of single-family detached homes (Section 22.42.110) are categorically exempt pursuant to CEQA Guidelines section 15303 (New Construction or Conversion of Small Structures). The amendments that correct typographical errors, delete obsolete provisions, add or correct cross-references to other Development Code sections or state statutes, clarify ambiguities in existing definitions or regulations, implement or repeat existing sta te law requirements, or relate only to review procedures or requirements are not considered a Project under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines, as they organizational and administrative actions of government that will not result in direct or indirect physical changes in the environment. To the extent not otherwise exempt from review for other reasons stated herein, the Ordinance is not subject to CEQA because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). Section 28. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. 5.4.a Packet Pg. 117 Ordinance No. 03 (2024) 53 Section 29. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this 16th day of July, 2024. THE 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 Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 2024, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 5.4.a Packet Pg. 118 Agenda #: 6.1 Meeting Date: June 18, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: DEVELOPMENT CODE AMENDMENT TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CERTIFIED 2021-2029 HOUSING ELEMENT AND TO CONFORM WITH STATE LAW (PL 2022-59). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Determine that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”); and B. Introduce first reading by title only, waive full reading of the Ordinance, open the Public Hearing to receive public testimony, schedule the second reading and adoption at the next regularly scheduled City Council meeting: “Ordinance No. 03 (2024): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS.” FINANCIAL IMPACT: None. SUMMARY: The Diamond Bar Development Code (Title 22 of the Diamond Bar City Code) was first adopted in 1998. Its purpose and intent are “to implement the policies of the Diamond Bar general plan by classifying and regulating the uses of land and structures within the 6.1 Packet Pg. 479 5.4.b Packet Pg. 119 City of Diamond Bar.”1 Amendments to the Development Code are needed from time to reflect community values, to keep pace with new state and federal laws, to implement local policies, and to resolve the internal inconsistencies and errors that are eventually encountered. In the wake of the numerous housing and development laws passed by the State Legislature in recent years, together with the housing programs contained in the City’s certified 2021-2029 Housing Element, the proposed ordinance would amend several sections of the Development Code to ensure continued conformance with State law. The proposed ordinance also incorporates several “cleanup” items to clarify the intent of various existing regulations. BACKGROUND: State Housing Laws In addition to the routine cleanup items and the codifying of miscellaneous laws that the City is already subject to, the amendments proposed in the attached ordinance (Attachment 1) are largely focused on ensuring that the City is in compliance with the onslaught of housing laws passed by the State Legislature in recent years. These laws were discussed during a joint study session of the City Council and Planning Commission on March 26, 2024, and are summarized below: • The Housing Accountability Act (Gov't Code §65589.5) prevents cities from applying non-objective development standards and findings to proposed housing development projects, limits cities' authority to disapprove or impose certain conditions on proposed housing development projects, and imposes other temporal and procedural limits on cities' review of housing projects. “Objective” standards are those that involve no personal or subjective judgment and are uniformly verifiable by reference to an external benchmark or criterion. Cities or counties found to have acted in violation of the Housing Accountability Act may be subject to certain enhanced remedies, including significant fines. • The Housing Crisis Act of 2019 (SB 330) established laws intended to streamline housing development approvals, requires cities to maintain their existing affordable housing stock and protect displaced tenants of affordable housing units, limits cities' authority to rezone property to a lower residential density, and restricts cities from establishing new residential design standards that are not objective. • State Density Bonus Law (“SDBL,” Gov't Code §§65915-65918), as amended by AB 1287, requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units. • No Net Loss Law (Gov't Code §65863) requires that a city make specified findings before it allows development of a parcel at a lower residential density than identified in the city's housing element for that parcel or takes any other administrative, quasi - judicial, or legislative action to reduce, require, or permit the reduction of the allowable residential density for such a parcel. 1 DBCC §22.01.020 6.1 Packet Pg. 480 5.4.b Packet Pg. 120 • Housing Element Law (Gov't Code §§65580 – 65589.11), among other things, requires cities to identify and remove governmental constraints on the production of housing, to treat transitional and supportive housing similarly to other residential dwellings, and to provide for a variety of housing types, including single -room occupancy housing. • Senate Bill 35 (Gov't Code §65913.4) requires cities to ministerially review and approve qualifying affordable housing projects in an effort to meet statewide affordable housing goals. • Government Code §65651, et seq. and §65660, et seq. require cities to allow certain supportive housing projects and low-barrier navigation centers as uses to be established by right. • Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Law (Article 2, commencing with § 66314, of Chapter 13 of Division 1 of Title 7 of the Government Code) requires cities to adopt ordinances providing for streamlined ministerial review and approval of ADUs and JADUs and limiting the development standards cities can apply to ADUs and JADUs. Diamond Bar Housing Element The proposed amendments also implement several of the housing programs contained in the City's certified 2021-2029 Housing Element, as summarized below: • Program H-11. Housing for Persons with Special Needs - Continue to facilitate emergency shelters and transitional/supportive housing and continue participating with Los Angeles Homeless Services Authority and San Gabriel Valley Council of Governments on efforts to address homelessness throughout the planning period. Process an amendment to the Development Code to allow supportive housing, low barrier navigation centers and large residential care facilities consistent with State law. The proposed Code amendment would update the land use table to reflect mandatory changes in State law, including: removing the Conditional Use Permit (CUP) requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right; permitting “transitional/supportive housing” by right in all residential zones, subject to certain requirements; and adding "supportive housing for the homeless" and "low-barrier navigation centers” as permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. • Program H-12. Affordable Housing Incentives/Density Bonus - Amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives. The proposed Code amendment would update the City’s density bonus regulations to conform to the current provisions of the SDBL. 6.1 Packet Pg. 481 5.4.b Packet Pg. 121 • Program H-13. Efficient Project Processing - Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. The proposed Code amendment would implement various provisions of State law aimed to ease local government constraints on housing development, as well as eliminate conflicting provisions found within the Development Code. ANALYSIS: Adoption Process Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted. Planning Commission Review On May 28, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 2024-07, recommending, by a 4-0 vote (one absence), that the City Council adopt the attached ordinance amending Title 22 (Attachment 2). The staff report and draft meeting minutes from that meeting are included as Attachments 3 and 4 respectively. No public comments were received prior to or during the Planning Commission hearing. Proposed Development Code Amendments The full text of the proposed code amendments is contained in the draft ordinance (Attachment 1). The following discussion cites the applicable Development Code section or chapter being amended, and provides the basis for each proposed amendment. A more detailed discussion for each section was provided in the Planning Commission staff report. The following sections are proposed to be amended to either correct typographical errors or provide technical clarifications: 22.04.020(c)(3) - Floor area ratio 22.08.040 Table 2-4 - Restrictions on nonconforming structures 22.10.030 Table 2-5 - Office district land use table 22.16.070(1) - Open space requirement 22.16.090(3)(c) - Setback regulations and exceptions 22.16.130 - View protection 22.30.080 (5)(a)(1) - Driveway extensions for single-family residential property 22.42.110 Table 3-15 - Setbacks for accessory uses and structures 22.44.020 Table 4-1 - Director vs. Hearing Officer 22.44.040(a) - Application fees 22.47.020(a) - Plot plan review 6.1 Packet Pg. 482 5.4.b Packet Pg. 122 22.48.030(b) - Administrative development review 22.48.050(a) and (b) - Responsibility for development review 22.56.020, 22.56.030(c), 22.56.040, and 22.56.050 – Minor conditional use permit review authority 22.60.020 - Applicability of specific plan 22.68.020(b)(1)(a) - Restrictions on nonconforming uses 22.68.030(b)(2) - Restrictions on nonconforming structures The more notable amendments contained in the draft ordinance are listed below: 22.08.030 Table 2-3 - Residential District Land Use Table: Consistent with recent State law, the residential land use table is amended to remove the CUP requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right. “Transitional/supportive housing” is added as permitted by right in all residential zones, subject to new requirements set forth under Development Code Section 22.42.170. Lastly, “Second Units” is deleted because the term has been renamed “Accessory Dwelling Units,” and was already added as a permitted use in all residential zones under an earlier ordinance. 22.10.030 Table 2-6 - Commercial/Industrial District Land Use Table: Consistent with recent State law, the commercial and industrial land use table is proposed to be amended to allow “low-barrier navigation centers” and “transitional/supportive housing” in the Light Industry (I) zoning districts subject to new requirements set forth in Section 22.42.170. Chapter 22.18 - Special procedures applicable to housing development projects: Because State housing laws have been amended so extensively, Development Code Chapter 22.18 (“Affordable Housing Incentives/Density Bonus Provisions”) is proposed to be repealed in its entirety and replaced with comprehensively rewritten standards to be fully consistent with State law. The revised Chapter 22.18 is accordingly retitled “Special Procedures Applicable to Housing Development Projects” to more aptly encompass the myriad of legislative mandates it now incorporates, as summarized below: • Density bonus regulations are revised to conform to the current provisions of the SDBL, which requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units; • Provisions of the Housing Crisis Act of 2019 are added to require development project proponents to replace demolished residential dwelling units and protected rental units, and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units; • Minimum requirements for affordable housing regulatory agreements are added; • Provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects are enumerated; and • The “No Net Loss” provisions of the Housing Crisis Act of 2019 are enumerated. 6.1 Packet Pg. 483 5.4.b Packet Pg. 123 22.42.120 - Accessory dwelling units and junior accessory dwelling units: The proposed amendments would ensure compliance with the most recent ADU legislation: AB 2221 and SB 897 (2022), AB 976 and AB 1332 (2023), and SB 477 (2024). These bills made several changes to existing law that clarify certain provisions and further ease development restrictions. The most significant recent change was to height restrictions where the construction of two-story ADUs must now be permitted, subject to certain requirements. 22.42.170 - Transitional and supportive housing: A new section is added to address transitional and supportive housing, per State law, specifying that these facilities are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use. This section also specifies legal requirement s, review and approval procedures for "Supportive Housing For the Homeless" and "Low - Barrier Navigation Centers," pursuant to State law. These uses are proposed to be permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. 22.80.020 - Definitions of specialized terms and phrases: The following definitions are to be added or amended: Low barrier navigation center, Public right-of-way, School (Private, Public and Trade), Specialized education and training, Studio, Supportive housing, and Transitional housing. The housing terms are required in conjunction with the proposed amendments per State housing law. “Public right-of-way” is added since it is not expressly defined anywhere else in the Municipal Code. As noted above, the current definition of “school” is very broad and encompasses all types of schools, education and training facilities, and studios. The proposed amendment would create separate discrete definitions for each. ENVIRONMENTAL REVIEW: The proposed Development Code Amendment has been determined to be categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”). Section 27 of the Ordinance provides a detailed analysis to support this determination. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on June 7, 2024, in a 1/8-page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. 6.1 Packet Pg. 484 5.4.b Packet Pg. 124 PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Ordinance No. 03 (2024); Development Code Amendment PL2022 -59 2. 6.1.b Planning Commission Resolution No. 2024-07 (not including attachment) 3. 6.1.c Planning Commission Staff Report Dated May 28, 2024 (not including attachments) 4. 6.1.d Planning Commission Meeting Minutes Dated May 28, 2024 (Draft) 6.1 Packet Pg. 485 5.4.b Packet Pg. 125 ORDINANCE NO. 03 (2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING VARIOUS PROVISIONS OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR CITY CODE TO IMPLEMENT HOUSING PROGRAMS CONTAINED IN THE CITY’S CERTIFIED 2021-2029 HOUSING ELEMENT, TO CONFORM TO CHANGES IN NEW STATE HOUSING LAWS AND CITY POLICIES, AND TO MAKE TYPOGRAPHICAL CORRECTIONS AND CLARIFICATIONS. WHEREAS, On November 3, 1998, the City of Diamond Bar adopted a Development Code (Title 22 of the Diamond Bar City Code); WHEREAS, on December 17, 2019, the City Council adopted an updated General Plan to create a vision and blueprint for development through 2040; WHEREAS, on August 11, 2022, the City Council adopted the City’s 6th Cycle (2021-2029) General Plan Housing Element, which was subsequently found by the California Department of Housing and Community Development (HCD) to be in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code) on October 5, 2022; WHEREAS, the Development Code requires periodic updates to ensure consistency with City policies, new State laws, and to improve clarity to better serve the public; WHEREAS, the proposed Development Code amendments correct various typographical errors and provide clarification related to certain Code provisions, update Code provisions to conform to changes in State laws, and implement the Housing Action Plan in the City’s 6th Cycle (2021-2029) Housing Element, including Programs H-11, H- 12, and H-13; WHEREAS, pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on May 3, 2024, and a copy of the public notice was posted at the City’s designated community posting sites. Due to a lack of quorum, the regular Planning Commission meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, a nd all business items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024; WHEREAS, on May 28, 2024, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Development Code, Planning Case No. PL2022-59, and adopted Resolution No. 2024-06 recommending City Council approval of said Development Code Amendment; 6.1.a Packet Pg. 486 5.4.b Packet Pg. 126 Ordinance No. 03 (2024) 2 WHEREAS, on June 18, 2024, the City Council held a duly noticed public hearing regarding the proposed Development Code Amendment; and WHEREAS, the City Council hereby finds that the proposed amendments are internally consistent with the General Plan and other adopted goals and policies of the City and adopts the facts and reasons stated in Planning Commission Resolution No. 2024-06, a copy of which is on file with the City Clerk and which is incorporated herein by reference with the same force and effect as if set forth in full. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Paragraph (3) of Subsection (c) of Section 22.04.020 (Rules of Interpretation) of Title 22, Chapter 22.04 of the Diamond Bar City Code is hereby amended to make non-substantive changes as follows (deletions in strikethrough text and additions shown in double underline): (3) Floor Area Ratio (FAR). When calculating the allowable floor area of a structure based on the FAR established by the applicable zoning district, the fractional/decimal results of calculations shall be rounded to the next highest whole number when the fraction/decimal is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5. For example, a maximum floor area ratio of 0.25 applied to a site of 25,856 25,853 square feet results in a maximum allowable floor area of 7,757 6,463 square feet (25,856 25,853 x .025 0.25 = 7,756.8, rounded up to 7,757 6,463.25, rounded down to 6,463). The maximum FAR itself (0.09, 0.25, etc.) is never rounded. Section 2. Table 2-3 (Allowed Uses and Permit Requirements for Residential Zoning Districts) of Section 22.08.030 (Residential zoning district land uses and permit requirements) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended (a) to reclassify “residential care facilities, general” from a conditionally permitted use to a permitted use in the RM (medium density residential), RMH (medium/high density residential), RH (high density residential), and RH-30 (high density residential – 30 dwelling units per acre) zoning districts; (b) to add “transitional housing” and “support housing” as expressly permitted uses in all residential zones; and (c) to delete “second units” from the list of land uses in the Table, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirements by District Land Use (1) RR RL RLM RM RMH RH RH- 30 See Standards in Section: . . . RESIDENTIAL USES (4) Residential care facilities, general CUP P CUP P CUP P CUP P 6.1.a Packet Pg. 487 5.4.b Packet Pg. 127 Ordinance No. 03 (2024) 3 . . . Second units P P 22.42.120 . . . Transitional / supportive housing P P P P P P P 22.42.170 . . . Section 3. Table 2-4 (Residential District General Development Standards) of Section 22.08.040 (Residential zoning district general development standards) of Title 22, Chapter 22.08 of the Diamond Bar City Code is hereby amended to add a reference to Section 22.68.030 for required side setbacks applicable to changes or expansions to residential dwelling units with nonconforming setbacks , as follows (deletions in strikethrough text and additions shown in double underline): TABLE 2-4 RESIDENTIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Requirement by Zoning District Development Feature RR RL RLM RM RMH RH RH-30 … … … … … … … … Sides (each) (4) 15 ft. on one side, and 10 ft. on the other; but not less than 25 ft. between structures on adjoining parcels 10 ft. on one side, and 5 ft. on the other; but not less than 15 ft. between structures on adjoining parcels 5 ft. 5 ft. 5 ft.; plus 1 ft. for each story over 2 … … … … … … … Height limit (4)(5) 35 ft. 35 ft. … … … Notes: (1) Minimum area for parcels proposed in new subdivisions, except as otherwise provided by section 22.08.050 (Minimum lot area), and chapter 22.22 (Hillside Management). Condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of this chapter. (2) Maximum number of dwellings allowed for each specified unit of land. The approval of a conditional use permit within areas subject to section 22.22.040 (Hillside 6.1.a Packet Pg. 488 5.4.b Packet Pg. 128 Ordinance No. 03 (2024) 4 management—Density) may result in fewer dwelling units being allowed than the maximum density shown. See also chapter 22.18 (Affordable Housing Incentives/Density Bonus Provisions) for possible density bonuses. (3) Front setbacks listed are minimums. For single-family detached tract development, a minimum five-foot setback variation for adjacent residential units is required. (4) See section 22.68.030 (b)(2) for nonconforming side setbacks and distance separations to dwelling units. (4) (5) Maximum allowable height for structures. See section 22.16.060 (Height measurement and height limit exceptions). Section 4. Table 2-5 (Allowed Uses and Permit Requirements for Office Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to reclassify “Medical services-Clinics and laboratories” from a conditionally permitted use to a permitted use in the OP (office, professional) zoning district; (b) to delete “schools, public and private” and “studios, art, dance, music, photography, etc.” from the list of land uses in the Table; (c) to classify “public schools,” as a permitted use and “private schools,” “trade schools,” and “specialized education and training” as conditionally permitted uses in the OP (office, professional), OB (office, business park), and CO (commercial office) zoning districts; and (d) to delete footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirement by District LAND USE(1) OP OB(3) CO See Standards in Section: . . . . . . . . . . . . . . . RECREATION, EDUCATION & PUBLIC ASSEMBLY USES . . . . . . . . . . . . . . . Schools, public and private P P P Schools, private CUP CUP CUP Schools, trade CUP CUP CUP Studios, art, dance, music, photography, etc. CUP Specialized education and training CUP CUP CUP . . . . . . . . . . . . . . . SERVICE USES 6.1.a Packet Pg. 489 5.4.b Packet Pg. 129 Ordinance No. 03 (2024) 5 Medical services-Clinics and laboratories CUP P P P . . . . . . . . . . . . . . . . . . Notes: . . . (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. Section 5. Table 2-6 (Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts) of Section 22.10.030 (Commercial/industrial district land uses and permit requirements) of Title 22, Chapter 22.10 of the Diamond Bar City Code is hereby amended (a) to add “low-barrier navigation centers,” as a permitted use in the I (light industry) zoning district, subject to requirements set forth in Section 22.42.170; (b) to add “supportive housing” as described in Section 22.42.170(b), which is configured as a single-room occupancy housing development, as a permitted use in the I (light industry) zoning district, subject to specified standards and requirements; (c) to add other types of “transitional housing” and “supportive housing” configured as single- room occupancy housing developments as conditionally permitted uses in the I (light industry) zoning district, subject to specified standards and requirements; (d) to delete “schools—specialized education and training and non -degree,” “studios—photograph, portrait, martial arts, dance, aerobics, etc.,” and “retail sales” from the list of land uses in the Table; (e) to classify “trade schools” as a conditionally permitted use in the C-1 (neighborhood commercial) and C-2 (community commercial) zoning districts; (f) to classify “specialized education and training” as a conditionally permitted use in the C-1 (neighborhood commercial), C-2 (community commercial), C-3 (regional commercial), and I (light industry) zoning districts, subject to specified requirements; (g) to classify “studios” that offer instruction as a conditionally permitted use and studios that do not offer instruction as a permitted use in the I (light industry) zoning district; and (h) to delete existing footnote (6) pertaining to massage businesses and establishments, as follows (deletions in strikethrough text and additions shown in double underline): Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards in Section: . . . . . . . . . . . . . . . . . . MISCELLANEOUS 6.1.a Packet Pg. 490 5.4.b Packet Pg. 130 Ordinance No. 03 (2024) 6 Emergency shelters P Low-barrier navigation centers P 22.42.170 Single-room occupancy housing CUP 22.42.160 Transitional / supportive housing . . . . . . . . . P or CUP (6) 22.42.170 . . . . . . . . . . . . . . . . . . RECREATION, EDUCATION & PUBLIC ASSEMBLY USES . . . . . . . . . . . . . . . . . . Schools, trade CUP CUP Schools—Specialized education and training and non-degree CUP CUP See (5) CUP Specialized education and training CUP CUP See (5) CUP Studios—Photograph, portrait, martial arts, dance, aerobics, etc. CUP CUP CUP Studios P or CUP (7) . . . . . . . . . . . . . . . . . . . . . Notes: . . . (5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15 percent of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. (6) Massage businesses or establishments that are sole proprietorships, where the sole proprietor is certified by the California Massage Therapy Council (CAMTC), and massage businesses or establishments that employ or use only persons certified by the CAMTC are permitted uses that do not require approval of a conditional use permit. 6.1.a Packet Pg. 491 5.4.b Packet Pg. 131 Ordinance No. 03 (2024) 7 (6) Transitional or supportive housing developments located in the Industrial zoning district shall be configured as, and are subject to the standards and restrictions that apply to, single-room occupancy housing. A supportive housing development as described in Section 22.42.170(b) is a permitted use in the Industrial zoning district subject to ministerial zoning clearance and/or plot plan review; other transitional or supportive housing developments located in the Industrial zoning district require conditional use permit approval and are subject to the same permitting requirements as a single-room occupancy housing development. (7) A CUP shall be required for studios that offer instruction. Section 6. Subsection (1) of Section 22.16.070 (Open space for commercial projects) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to correct a typographical error, as follows (deletions in strikethrough text and additions shown in double underline): (1) Open space required. Multitenant commercial centers one acre in size and larger shall provide a minimum of 0.01 one (1) percent of the total land area of the center as useable pedestrian- oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Section 7. Sub-subsections (c) and (d) of Subsection (3) (Allowed projections into setbacks) of Section 22.16.090 (Setback regulations and exceptions) of Title 22, Chapter 22.16 of the Diamond Bar City Code are hereby amended to re-letter the sub- subsections and clarify permitted locations and projections into setbacks for porches, as follows (deletions in strikethrough text and additions shown in double underline): c. Porches and stairways. The following standards shall apply to porches and stairways: c. 1. Porches. Covered, unenclosed porches, located at the same level as the entrance floor of the structure, may extend up to six feet into the required front yard setback. d. 2. Stairways. Outside stairways and landings, that are not attached to a deck, are not enclosed and do not extend above a ground floor entrance, may extend into required yards as follows: (a) Front yard setback: Up to six feet into a required front yard; (b) Side yard setback: Up to 30 inches into a required side yard, but no closer than three feet to a side property line; (c) Rear yard setback: Up to six feet into a required rear yard. 6.1.a Packet Pg. 492 5.4.b Packet Pg. 132 Ordinance No. 03 (2024) 8 d. e. Setback requirements for specific structures: . . . Section 8. Section 22.16.130 (View protection) of Title 22, Chapter 22.16 of the Diamond Bar City Code is hereby amended to delete Figure 3-5. Section 9. Chapter 22.18 of Title 22 of the Diamond Bar City Code is hereby repealed and replaced with new Chapter 22.18, entitled “Special Procedures Applicable to Housing Development Projects,” to read in its entirety as follows: CHAPTER 22.18. - SPECIAL PROCEDURES APPLICABLE TO HOUSING DEVELOPMENT PROJECTS Sec. 22.18.010 – Affordable housing incentives/density bonus provisions. (a) Purpose. The purpose of this section is to implement the incentive programs provided in Government Code Sections 65915 through 65918 (referred to collectively in this Section as the “State Density Bonus Law”) in order to provide additional opportunities for the provision of affordable housing within the City of Diamond Bar. (b) Applicability. This section applies to any “housing development,” as defined in the State Density Bonus Law, including, without limitation, a development project for five or more residential units, including a mixed-use development, or a senior citizen housing development consisting of at least 35 units. This section also applies to density bonuses for land donations in accordance with Government Code Section 65915. In exchange for density bonuses, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios, a portion of the units shall be reserved for very low income households, lower income households, senior citizen households, moderate income households, transitional foster youth, disabled veterans, homeless persons, or lower income college students as provided in this section and the State Density Bonus Law. All such projects shall comply with all requirements stated in the State Density Bonus Law and shall be subject to the subdivision, plot plan review and/or development review requirements of this title, as applicable. This section shall be interpreted in a manner consistent with the State Density Bonus Law, as it may be amended from time to time, and the requirements of the State Density Bonus Law shall prevail over any conflicting provision of this Development Code. (c) Definitions. As used in this section 22.18.010, the terms base density, concession, density bonus, development standard, disabled veterans, homeless persons, housing development, incentive, located within one-half mile of a major transit stop, lower income households, lower income student, maximum allowable residential density, moderate income households, persons 6.1.a Packet Pg. 493 5.4.b Packet Pg. 133 Ordinance No. 03 (2024) 9 and families of moderate income, qualified nonprofit housing corporation, replace, senior citizen housing development, shared housing building, shared housing unit, total dwelling units, total units, transitional foster youth, unit, unobstructed access to the major transit stop, very low income households, and very low income vehicle travel area shall have the meanings ascribed to them in the State Density Bonus Law, as it may be amended from time to time. (d) Determination of density bonus. Qualified projects that meet the eligibility requirements set forth in this section and/or the State Density Bonus Law shall be granted a density bonus or bonuses in an amount specified in the State Density Bonus Law, as it may be amended from time to time. Eligibility for and/or calculation of a density bonus shall be subject to the following: (1) A density bonus is a density increase over the otherwise maximum allowable gross residential density for a site as of the date of application by the applicant to the city. For the purpose of calculating the density bonus, the maximum allowable residential density, or base density, shall be the greatest number of units allowed on the site under the Development Code, an applicable specific plan, or the land use element of the General Plan. Each component of any density calculations, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. (2) Except as otherwise required by the State Density Bonus Law, the density bonus units shall not be included when determining the number of required affordable units or senior citizen units. (3) The developer can request a smaller density bonus than the project is entitled to, including no increase in density, but no reduction shall be permitted in the number of required affordable units. (4) For purposes of calculating the amount of the density bonus, an applicant who requests a density bonus shall elect the category and corresponding provision of the State Density Bonus Law pursuant to which the density bonus will be awarded. Unless otherwise specified in this Section or the State Density Bonus Law, each residential development is entitled to only one density bonus, and density bonuses from more than one category may not be combined. (5) The granting of a density bonus and/or related concession(s) or incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, zone change, study, or other discretionary approval. (6) Pursuant to California Government Code Section 65915.5, the conversion of apartments to a condominium project shall not be eligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided under Government Code Section 65915. (e) Specific requirements. (1) Senior citizen housing requirements. 6.1.a Packet Pg. 494 5.4.b Packet Pg. 134 Ordinance No. 03 (2024) 10 a. Senior citizen housing development projects shall have a minimum of 35 units and shall meet the requirements described in Section 51.3 of the California Civil Code or any successor statute or regulation. b. Mobile home parks shall limit residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code, or any successor statute or regulation. (2) Land donation requirements. An applicant for a tentative map, parcel map or any other residential development approval shall receive a density bonus for the residential development in an amount specified by Government Code Section 65915, as it may be amended from time to time, when the applicant donates land to the city as provided in this section. This density bonus shall be in addition to any other density bonus provided for in this section, up to a total combined density bonus of 35 percent. Applicants are eligible for the land donation density bonus if all of the following conditions are met: a. The developer shall donate and transfer land to the city no later than the date of approval of the final map or other approvals required for the residential development. b. The developable acreage and general plan and zoning designation of the land being transferred are sufficient to permit development of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. c. The transferred land shall be at least one acre or of sufficient size to permit development of at least 40 residential units and shall have the appropriate general plan designations and be appropriately zoned with appropriate development standards for development at a density of at least 30 dwelling units per acre. d. The transferred land shall be served by adequate public facilities and infrastructure. e. The transferred land and the very low income units constructed shall be subject to a deed restriction recorded with the county recorder, to ensure continued affordability of the units consistent with this Section, and the property owner shall enter into an affordable housing agreement with the city pursuant to this Section. The deed restriction / affordable housing agreement shall be recorded on the property at the time of the transfer. f. The transferred land shall be conveyed in fee simple to the city or to a housing developer approved by the city. g. The transferred land shall be within the boundary of the proposed residential development, or no more than approximately one-quarter mile from the boundary of the qualified project, if the city so approves. h. No later than the date of approval of the final map or other discretionary approval required for the residential development, the transferred land shall 6.1.a Packet Pg. 495 5.4.b Packet Pg. 135 Ordinance No. 03 (2024) 11 have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, and a proposed source of funding for the very low income units shall have been identified. (3) Child care facility requirements. a. Subsect to subsection (e)(3)(c), below, the city shall grant either of the following to a qualifying housing development that includes a child care facility located on the premises of, or adjacent to, the project: i. An additional density bonus that is an amount of square feet of residential space equivalent to the square footage of the childcare facility; or ii. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. b. As a condition of receiving the additional density bonus or concession for a child care facility, the project shall comply with the following requirements: i. The child care facility shall remain in operation for a period of time that is as long as, or longer, than the period of time during which the density bonus units are required to remain affordable. ii. Of the children who attend the child care facility, the percentage of children of very low income, lower income, or moderate income households shall be equal to, or greater than, the percentage of affordable units required to be set aside for each such group. c. Notwithstanding any requirement of this Section, the City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. (4) Replacement housing requirement. Pursuant to subdivision (c)(3) of Government Code Section 65915, an applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein and the provisions of Section 22.18.020, including in the following circumstances: a. The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; or b. The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five (5) year period preceding the application; or 6.1.a Packet Pg. 496 5.4.b Packet Pg. 136 Ordinance No. 03 (2024) 12 c. The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or d. The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five (5) year period preceding the application. (f) Regulatory Agreement. As a condition to the City’s granting of a density bonus, incentives or concessions, waivers or reductions in development standards, and/or reduced parking ratios pursuant to this Section, the property owner(s) shall enter into a regulatory agreement with the City pursuant to Section 22.18.030, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915. (g) Concessions or incentives. In compliance with State Density Bonus Law, developers that request a density bonus to provide on-site affordable housing may also eligible to receive one or more concessions or incentives, based on the type and scope of the project. (1) The review authority shall grant applicants for qualified projects the number of incentives and concessions required by Government Code Section 65915. The review authority shall approve a specific requested concession or incentive for a proposed project unless the review authority makes a written finding, based on substantial evidence, of any of the following: a. The concession or incentive does not result in identifiable and actual cost reductions in order to provide for affordable housing costs or for affordable rents for the targeted units to be set aside; b. The concession or incentive would have a specific adverse impact, as defined in Section 65589.5(d)(2) of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or c. The concession or incentive would be contrary to state or federal law. (2) Menu of concessions/incentives. Concessions or incentives that a developer may request include those of the type set forth in subsection (k) of Section 65915 of the California Government Code, including the following: a. Relaxation or other modification of zoning standards regulating such items as setbacks, height limitations, distances between buildings, required parking, parking development standards, projections into yards, and the like, which result in identifiable, and actual cost reductions. No separate variance application will be required for any modification of standards. However, the approved plans and application shall identify the zoning standards modifications which have been incorporated into the project. 6.1.a Packet Pg. 497 5.4.b Packet Pg. 137 Ordinance No. 03 (2024) 13 b. Modification of architectural regulations ordinarily applied to a residential development project, which result in identifiable and actual cost reductions. c. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located. d. Other regulatory incentives or concessions proposed by the developer or the City, which result in identifiable, and actual project cost reductions. (3) Parking incentives. a. Notwithstanding any other provision of this title, except as otherwise required pursuant to the State Density Bonus Law or other applicable law, if requested by the developer, the minimum number of off-street parking spaces, inclusive of accessible and guest parking spaces, required to be provided for all units within a qualifying density bonus housing development shall be as follows: Number of Bedrooms Required Parking Spaces per Unit* 0 to 1 bedroom 1 2 to 3 bedrooms 1.5 4 or more bedrooms 2.5 *If the total number of spaces required for a development results in a fractional number, it shall be rounded up to the next whole number. ** Developments meeting the requirements of subdivisions (p)(2) or (p)(3) of Government Code Section 65915 may provide fewer parking spaces per unit as specified in the State Density Bonus Law. (h) Physical Constraints. In accordance with Government Code Section 65915(e), in addition to any concessions or incentives requested, an applicant for a density bonus pursuant to this section may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions to which the applicant is entitled. The review authority shall approve a requested waiver or reduction of a development standard, unless it makes any of the following findings: (1) The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant. (2) The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code 6.1.a Packet Pg. 498 5.4.b Packet Pg. 138 Ordinance No. 03 (2024) 14 Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. (3) The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (4) The waiver or reduction of the development standard would be contrary to state or federal law. (i) Project review procedures. All project applications for which a density bonus, concessions or incentives, modifications or waivers of development standards, and/or reduced parking ratios is/are being requested shall be reviewed in accordance with section 22.18.040 and shall be subject to the following project review procedures: (1) In addition to any other application required for a proposed housing development project, applications for any requested density bonus, incentives or concessions, waivers or reductions of development standards, and/or reduced parking ratios pursuant to this section shall be filed with the department pursuant to section 22.44.030. The application shall be filed concurrently with the application or applications for other required land use permits and approvals for the proposed project and shall be processed in the same manner as, and concurrently with, the application or applications for other required project approvals. In addition to any other information requested by the director, the application shall identify the category and corresponding provision(s) of the State Density Bonus Law pursuant to which a density bonus is requested; the base density of the proposed project; the number of density bonus units requested, along with supporting calculations; any concessions/incentives requested, any development standards requested to be waived/modified, and any reduced parking ratios requested pursuant to subsection (g)(3). The application shall be accompanied by reasonable documentation satisfactory to the director to establish eligibility for all requested density bonuses and parking ratios. Upon approval of a housing development project pursuant to this section, the planning division shall note in the project record that a density bonus has been granted, and the approved plans and application shall identify all concessions and incentives and/or waivers and modifications granted and any special conditions imposed on the project to ensure unit affordability. Sec. 22.18.020 – Dwelling unit protection regulations. (a) Purpose and Applicability. The purpose of this Section is to implement the provisions of the Housing Crisis Act of 2019, which require development project proponents to replace demolished residential dwelling units and protected rental units and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units. This Section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code. (b) Definitions. If defined in therein, terms used in this Section shall have the same meaning as defined in Government Code Sections 66300.5-66300.6. Unless otherwise defined in 6.1.a Packet Pg. 499 5.4.b Packet Pg. 139 Ordinance No. 03 (2024) 15 Government Code Sections 66300.5-66300.6, as used in this section, the following terms shall have the following meanings: 1. “Affordable housing cost” has the same meaning as defined in Health and Safety Code Section 50052.5. 2. “Affordable rent” has the same meaning as defined in Health and Safety Code Section 50053. 3. “Comparable unit” shall have the same meaning as the term “comparable replacement dwelling” as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single-family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a “comparable unit” need not contain more than three (3) bedrooms or have the same or similar square footage or the same number of total rooms. 4. “Development project” means the development of land requiring City approval. A development project includes, but is not limited to, a housing development project. 5. “Equivalent size” means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced. 6. “Extremely low income households” has the same meaning as defined in Health and Safety Code Section 50106. 7. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 8. “Housing development project” has the same meaning as defined in Government Code Section 65905.5. 9. “Lower income households” has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households. 10. “Protected unit” shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, existing or previously demolished residential dwelling units that are or were either rented by lower or very low income households or subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the five (5) year period preceding the application submittal date. 11. “Relocation Assistance Law” shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations. 12. “Replace” has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level. 6.1.a Packet Pg. 500 5.4.b Packet Pg. 140 Ordinance No. 03 (2024) 16 13. “Replacement protected units” means and refers to affordable residential units proposed to be developed to replace one or more protected units. 14. “Very low income households” has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households. (c) One-to-One Replacement of Demolished Dwelling Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the proposed project will create at least as many residential dwelling units as will be demolished in conjunction with the project. (d) Replacement of Protected Units. If, and to the extent, required by the Housing Crisis Act, the final review authority shall not approve a development project that will require the demolition of one or more occupied or vacant protected units, or that is located on a site where one or more protected units were demolished in the previous five (5) years, unless all applicable requirements, including, but not limited to, the following, are complied with: 1. Number of Total Units Required. If the project is a housing development project, the project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five-year period preceding the application submittal date. 2. Number of Replacement Protected Units Required. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all existing occupied or vacant protected units that will be demolished as part of the proposed project and all protected units that were previously located on the project site and demolished on or after January 1, 2020. Any replacement protected units provided will be considered in determining whether a housing development project satisfies the requirements of Government Code Section 65915 and Section 22.18.010. a. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy of the protected units. If a project site containing occupied protected units to be demolished also contains vacant protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the project shall also provide at least the same number of replacement protected units of equivalent size as such protected units, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied such protected units in the same proportion of lower income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the 6.1.a Packet Pg. 501 5.4.b Packet Pg. 141 Ordinance No. 03 (2024) 17 United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. b. Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the project site are vacant or have been demolished within the five-year period preceding the application submittal date, the project shall provide at least the same number of replacement protected units of equivalent size as the number of protected units as existed at the highpoint of those units in the five-year period preceding the application submittal date, to be made available at an affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy of the protected units at that time, if known. If the incomes of the persons and families in occupancy the protected units at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Diamond Bar, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. c. Replacement Protected Unit Size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if, and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may be replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected unit being replaced. . d. Single-Family Projects Involving a Single Protected Unit. Notwithstanding any other provisions of this subsection (d)(2), if a development project consists of the development of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level. 3. Location of Replacement Protected Units. If the project is a housing development project, replacement protected units shall be constructed on the same site as the demolished protected units being replaced and integrated into the development project, if feasible. Subject to approval of the final review authority, and to the extent permitted by the Housing Crisis Act, an applicant may develop, or contract with another entity to develop, a replacement protected unit on a different parcel in the City zoned for residential use, provided that (i) an application for development of the replacement protected units on different parcels is made concurrently with an application for all other components of the proposed development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement protected unit. 6.1.a Packet Pg. 502 5.4.b Packet Pg. 142 Ordinance No. 03 (2024) 18 4. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other components of the proposed development project. 5. Affordability Restrictions. All replacement protected units that will be rented shall be subject to a recorded affordability restriction for at least 55 years. Replacement protected units that will be offered for sale shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915. 6. Regulatory Agreement Required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to section 22.18.030. (e) Benefits to be Provided to Occupants of Protected Units. The final review authority shall not approve a development project subject to the Housing Crisis Act that will require the demolition of one or more occupied protected units, unless the applicant and record owner(s) of the subject site agree to comply the requirements set forth in this subsection (e) and to provide any other benefits to existing occupants of protected units required pursuant to the Housing Crisis Act. 1. Right to Remain in Occupancy Pending Demolition. Any existing occupants of a protected unit to be demolished, regardless of their household income level, shall be allowed to occupy the unit until six (6) months before the start of construction activities on the site. The project proponent and/or record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six (6) months in advance of the date that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the director. 2. Right to Return if Demolition Does Not Proceed. Any existing occupants of a protected unit to be demolished, regardless of their income level, that are required to leave the unit shall be allowed to return at their prior rental rate if the demolition does not proceed and the unit is returned to the rental market. This right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. 3. Right of First Refusal for a Comparable Unit in New Housing Development Project. Except as otherwise expressly provided in this subsection (e)(3), the record owner(s) of a protected unit that will be demolished shall agree to provide existing occupants of the protected unit that are lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development project, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the director. Notwithstanding the foregoing, this subsection (g)(3) shall not apply to either (i) a development project that consists of a single residential unit located on a site where a single protected unit is being demolished; (ii) units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the new development and providing a comparable unit to the occupant would not be precluded due to unit size 6.1.a Packet Pg. 503 5.4.b Packet Pg. 143 Ordinance No. 03 (2024) 19 limitations or other requirements of one or more funding source of the housing development; or (iii) a development project that is an industrial use and to which the requirement to provide replacement units does not apply. 4. Relocation Benefits. a. The applicant and/or the record owner(s) of a protected unit that will be demolished as part of a development project shall provide existing occupants of the protected unit to be demolished that are lower income households with relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments. b. The applicant shall engage a qualified third-party contractor or consultant (a “relocation consultant”) approved by the director to determine the eligibility of occupants for benefits, prepare a relocation plan, and oversee the provision of the required relocation benefits. c. The applicant’s relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the director. The relocation plan shall include, without limitation, provisions addressing the following: i. determination of eligibility requirements; ii. identification of eligible occupants; iii. occupant interviews and needs assessments; iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area; v. identification of specific replacement housing options; vi. the provision for relocation advisory services to affected occupants; vii. a description of the relocation benefits available to eligible occupants; viii. a process for the provision of benefits and the submission of benefit claims by eligible occupants; ix. a process for occupants to appeal benefit determinations; and x. procedures for providing the benefits required pursuant to this subsection (e), including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits. d. Prior to the issuance of a grading or building permit for the development project, the relocation consultant shall provide a letter to the director certifying that 6.1.a Packet Pg. 504 5.4.b Packet Pg. 144 Ordinance No. 03 (2024) 20 the relocation process has been completed and that all required relocation benefits have been provided. (f) Fees. The City may impose a fee or fees to recover the City’s other reasonable costs to implement the dwelling unit protection provisions of the Housing Crisis Act and this Section. Any such fees shall be adopted by resolution of the City Council. (g) Reimbursement of City’s Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (f), in addition to such fees, if benefits are required to be provided to existing occupants of protected units pursuant to subsection (e), the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant’s submittal of any notice, agreement, plan, or other document requiring approval of the director pursuant to subsection (e), the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. Sec. 22.18.030 – Affordable housing regulatory agreements. (a) Purpose. The purpose of this Section is to establish minimum requirements and procedures for the preparation, execution, and recording of regulatory agreements establishing covenants to ensure the initial and continued affordability of income-restricted residential dwelling units required to be provided in conjunction with the approval of a development project pursuant a provision of this Code or State law. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. “Affordable Units” means residential dwelling units required to be made affordable to, and occupied by, households with incomes that do not exceed the limits specified in applicable law for middle income, moderate-income, lower income, very low income, or extremely low income households, as applicable, at an affordable rent or affordable housing cost, pursuant to State law or any provision of this Code. 2. “Owner” means the record owner or owners of the parcel or parcels on which affordable units will be located. 3. “Regulatory Agreement” means an agreement or agreements entered into between the City and an owner pursuant to this Section. (c) Requirement for Regulatory Agreement. Whenever an applicant for a development project offers to or is required as a condition of development pursuant to State law or any provision of this Code to construct a specified number or percentage of affordable units, the owner shall enter into a regulatory agreement with the City meeting the requirements of this section in the form approved by the City Manager. 6.1.a Packet Pg. 505 5.4.b Packet Pg. 145 Ordinance No. 03 (2024) 21 (d) Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following: 1. Identification of Affordable Units. The number, affordability level, unit size and bedroom count mix, and location of the affordable units shall be set forth in the regulatory agreement. Unless otherwise mutually agreed by the applicant and City, affordable units shall be dispersed throughout the project. Projects that include mixed income multifamily structures shall comply with the requirements set forth in Health and Safety Code Section 17929. 2. Timing of Construction. The regulatory agreement shall require that the affordable units be constructed concurrently with or prior to other components of the development project. 3. Affordability Period for Affordable Units. The regulatory agreement shall require that the affordable units remain affordable to, and be occupied by, persons and families of the required income level at an affordable rent or affordable housing cost, as applicable, for the minimum period of time required by law, or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or subsidy program associated with the development project. Where a minimum affordability period is not otherwise specified by statute or ordinance, the required affordability period for affordable units that will be rented shall be a minimum of fifty -five (55) years and the required affordability for affordable units that will be offered for sale shall be a minimum of forty-five (45) years. Determinations of affordable rents, affordable housing costs, and household income levels shall be made in accordance with the regulations published from time to time by the California Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. 4. Annual Tenant Income Verification, Compliance Reporting, and Certification. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to verify and certify, prior to the initial occupancy, and annually thereafter, that each tenant household occupying each affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement. 5. For-Sale Affordable Units. For projects containing affordable units that will be offered for sale, the regulatory agreement shall include uniform provisions requiring the owner to either (i) ensure that each affordable unit is offered at an affordable housing cost and is initially sold to and occupied by a household that meets the applicable income and eligibility requirements established for the affordable unit, or (ii) sell the affordable unit(s) to a qualified nonprofit housing corporation pursuant to applicable legal requirements and terms acceptable to the City. If the affordable units are developed pursuant to section 22.18.010 or section 22.18.020, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the 6.1.a Packet Pg. 506 5.4.b Packet Pg. 146 Ordinance No. 03 (2024) 22 City, which address, among other things, the purchaser’s obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, property maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re-sale of the unit. Such agreements or restrictive covenants may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period. 6. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner’s maintenance obligations and the City’s rights in the event the owner fails to adhere to its maintenance obligations. 7. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to director and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement. 8. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five (5) years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection of such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview owners, occupants, tenants and employees for the purpose of verifying compliance with the regulatory agreement. 9. Marketing and Sale of Affordable Units. For housing development projects containing affordable units that will be offered for sale, the regulatory agreement shall contain uniform provisions addressing (i) how eligible buyers of the affordable units will be solicited, identified, and selected; (ii) procedures for establishing the affordable sales prices of the affordable units; (iii) procedures for verifying the income and eligibility of prospective buyers of the affordable units; and (iv) a description of the responsibilities of an owner or buyer upon resale of an affordable unit. 10. Marketing and Management Plan for Rental Affordable Units. For multi-family housing development projects containing affordable units that will be rented, the regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City’s approval of a marketing and management plan for the project prior to the issuance of a certificate of occupancy for any portion of the project. The marketing and management plan shall address in detail, without limitation, the following matters: (i) how the owner plans to market the affordable units to prospective tenant households; (ii) procedures for the selection of tenants of affordable units, including a description of how the owner plans to certify the eligibility of tenant households; (iii) procedures for annually verifying income 6.1.a Packet Pg. 507 5.4.b Packet Pg. 147 Ordinance No. 03 (2024) 23 and recertifying the eligibility of tenants of affordable units; (iv) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (v) procedures for the collection of rent; (vi) procedures for eviction of tenants; (vii) procedures for ensuring that the required number and unit size mix of affordable units is maintained and that affordable units do not become congregated to a certain area of the building or project; (viii) procedures for complying with the owner’s monitoring and recordkeeping obligations; (ix) the owner’s property management duties; (x) the owner’s plan to manage and maintain the project and the affordable units; (xi) the rules and regulations of the property and manner of enforcement; and (xii) and a program addressing security and crime prevention at the project. 11. Provisions regarding Section 8 Certificates. For projects containing affordable units that will be rented, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., “Section 8 certificates”), which shall include the following requirements and limitations: a. The owner shall accept as tenants persons who are recipients Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, restrict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates. b. Furthermore, in the event the owner rents an affordable unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant’s actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program. c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants. d. If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control. 6.1.a Packet Pg. 508 5.4.b Packet Pg. 148 Ordinance No. 03 (2024) 24 12. Annual Monitoring Fee. Each regulatory agreement shall contain a provision requiring the owner to reimburse City for the estimated reasonable costs incurred by the City in administering and monitoring the owner’s compliance with the regulatory agreement, including, but not limited to, City’s review of annual compliance reports and conduct of inspections and/or audits. (e) Recordation. Each regulatory agreement entered into pursuant to this section shall be recorded as a covenant against the property prior to final or parcel map approval, or, where the development project does not include a subdivision map, prior to issuance of a building permit for any structure in the development project. Except as otherwise authorized by the City Manager, the regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof, and in no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. (f) Delegation of Authority. The City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. The City shall maintain authority of each regulatory agreement and the authority to implement each regulatory agreement through the City Manager. The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, make and execute further agreements and/or enter into amendments of each regulatory agreement on behalf of City. (g) Fees. The City may charge a fee or fees to recover the City’s reasonable costs to implement the provisions of this Section. Any such fees shall be adopted by resolution of the City Council. (h) Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsection (g), in addition to such fees, the development proponent and/or owner shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with (i) preparation of the regulatory agreement and ancillary documents; (ii) establishing the affordable sales price and verifying the incomes and eligibility of prospective buyers of for-sale affordable units; (iii) review of the initial marketing and management plan and any amendments thereto; (iv) review of annual compliance reports submitted by an owner pursuant to a regulatory agreement; and (v) inspections and audits. (i) Preparation of Regulatory Agreement; Reimbursement Agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the director in his or her reasonable discretion. The City Manager or his or her designee is authorized to execute said reimbursement agreement on behalf of the City. 6.1.a Packet Pg. 509 5.4.b Packet Pg. 149 Ordinance No. 03 (2024) 25 Sec. 22.18.040 Review of housing development projects. (a) Purpose. The purpose of this Section is to implement specified provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects. In the event of any conflict between the provisions of this Section and any provision of State law, the provision of State law shall govern. (b) Definitions. As used in this section, the following terms shall have the following meanings: 1. “Housing Accountability Act” means and refers to the provisions of Government Code Section 65589.5. 2. “Housing development project” shall have the same meaning as defined in the Housing Accountability Act and includes (a) developments consisting of two or more residential units, (b) mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and (c) transitional housing or supportive housing. 3. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584. 4. “Housing for very low, low, or moderate income households” shall have the same meaning as defined in the Housing Accountability Act. 5. “Specific, adverse impact” shall have the same meaning as defined in the Housing Accountability Act. Generally, a “specific adverse impact” is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for a housing development project is deemed complete. (c) Compliance with State law. 1. Generally. Notwithstanding any provisions of this Development Code, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by State law, including, but not limited to, Government Code Sections 65589.5, 65915-65918, 65583, 65584, 65863, 65905.5, 65912.100-65912.105, 65852.24, 65852.28, 65913-65913.16, 65914.7, 65940-65945.3,65650-65656, 65660-65688, 66300-66301, and 66499.41. Except to the extent otherwise provided by State law, such review shall ensure that proposed housing development projects comply with State law and all applicable, objective standards, provisions, conditions and requirements of the general plan, any applicable specific plan, this Development Code, and other applicable ordinances and policies of the City. 2. Findings required for disapproval of housing development projects. As provided in the Housing Accountability Act, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was 6.1.a Packet Pg. 510 5.4.b Packet Pg. 150 Ordinance No. 03 (2024) 26 deemed complete, the final review authority shall not disapprove the project or impose a condition that the project be developed at a lower density unless the review authority makes written findings, based on a preponderance of the evidence on the record, that (a) the project would have a specific, adverse impact on public health and safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density, and (b) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. 3. Additional findings required for disapproval of housing development projects for very low, low, or moderate income households. As provided in the Housing Accountability Act, the final review authority shall not disapprove a housing development project for very low, low, or moderate income households or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low, or moderate income households, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as required by subdivision (d) of the Housing Accountability Act. (d) Consistency review of housing development projects. The director is authorized to review and determine whether an application for a housing development project is consistent and complies with applicable, objective general plan, zoning, and subdivision standards and criteria within the time period(s) prescribed by law, including, but not limited to, those set forth in subdivision (j) of the Housing Accountability Act. (e) Housing development projects subject to discretionary review. The provisions of this subsection shall apply to the consideration of applications for development review, conditional use permits, or other quasi-judicial approvals required for the construction or operation of a housing development project that is not subject to ministerial review by the director. In the event of a conflict between the provisions of this subsection and any other provision of this Development Code, the provisions of this subsection shall apply. 1. Hearings. Government Code Section 95905.5 limits the number of hearings the City may conduct in connection with consideration of an application for a housing development project. Therefore, for so long as Government Code Section 95905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant’s designated representative. A meeting at which a hearing is continued to another date without public testimony or substantial discussion of the project occurring shall not count as one of the five allowed hearings. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code section 95905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings. 2. Required findings. Except as otherwise permitted or required by State law, the final review authority shall approve or conditionally approve an application for development review, a conditional use permit, or other quasi-judicial approval for a housing development project unless it makes written findings for disapproval in 6.1.a Packet Pg. 511 5.4.b Packet Pg. 151 Ordinance No. 03 (2024) 27 accordance with the Housing Accountability Act. If applicable, the final review authority shall also make no net loss findings pursuant to Section 22.18.050. The findings set forth in Sections 22.48.040 and 22.58.040 are not required to be made as a prerequisite to approval or conditional approval of a site development permit or conditional use permit for a housing development project. 3. Conditions of approval. The final review authority may impose reasonable conditions of approval that are necessary to ensure that a proposed housing development project complies with all local, state and federal laws, and that impacts resulting from the development are adequately mitigated, subject to the limitations set forth in the Housing Accountability Act. 4. Environmental review. Except as otherwise provided by law, a discretionary permit or approval for a housing development project shall not be approved until all applicable provisions of the California Environmental Quality Act have been complied with. (f) Ministerial review. The provisions of this subsection shall apply in the event that State law or any provision of this Code requires a housing development project to be reviewed ministerially and/or designates a housing development project a “use by right” as defined in Government Code Section 65583.2. Housing development projects subject to ministerial review include, without limitation, (a) multi-family housing development projects located on Housing Element Parcels, in which at least twenty percent (20%) of the housing units are affordable to lower-income households, and (b) housing development projects that satisfy the criteria set forth in Government Code Sections 65650 et. seq., 65660 et. seq., 65852.21 and/or 66411.7, 65852.28 and/or 66499.41, 65912.110 et. seq., 65912.120 et. seq., 65913.4, or 65913.16 or in Health and Safety Code Section 17021.8. 1. The director is authorized to ministerially review and approve or disapprove the application(s) for the proposed housing development project in accordance with applicable law. The director’s decision shall be transmitted to the applicant in writing within the time period mandated by law. Decisions of the director may be appealed to the Commission, who’s decision shall be final. 2. If the ministerial approval of a housing development project will result in fewer residential units by income category than projected for a housing element parcel in the general plan housing element, the “no net loss” provisions of Government Code Section 65863 and Section 22.18.050 apply and the director must also make the required findings. 3. Except to the extent otherwise provided by State law, the director shall not ministerially approve a proposed housing development project unless it complies with all applicable, objective standards, provisions, conditions and requirements of the general plan, this Development Code, and other applicable ordinances and policies of the City. 4. Except as otherwise provided by State law, a ministerial approval pursuant to this subsection shall remain valid for two years from the date of the final action establishing that approval and shall continue remain valid thereafter provided demolition and grading activity on the development site has begun pursuant to a permit issued by the City and is in progress. (g) Standard conditions. The director is authorized to promulgate, modify, and enforce standard conditions and requirements that apply to approved housing development projects, 6.1.a Packet Pg. 512 5.4.b Packet Pg. 152 Ordinance No. 03 (2024) 28 which implement applicable State, City, and other local agency standards, provisions, and conditions, provided such standard conditions and requirements are consistent with the provisions of the Diamond Bar City Code and State law. Sec. 22.18.050 No Net Loss (a) Purpose. The purpose of this section is to implement the No Net Loss Law and the “no net loss” provisions of the Housing Crisis Act. (b) Definitions. The following definitions shall apply for purposes of this Section: 1. “Housing Crisis Act” means and refers the provisions set forth in Chapter 12 of Division 1 of Title 7 of the Government Code, commencing with Section 66300, as such provisions may be amended from time to time. 2. “Housing element parcel” means and refers to any parcel of land identified in the City’s general plan housing element site inventory described in subdivision (a)(3) of Government Code Section 65583, or in a housing element program to make sites available pursuant to subdivision (c)(1) of Government Code Section 65583, for residential development to meet the City’s share of regional housing need allocated pursuant to Government Code Section 65584. 3. “Lower residential density” has the same meaning as defined in the No Net Loss Law. Except as otherwise provided in the No Net Loss Law, lower residential density means fewer residential units in any income category than were (a) projected in the housing element site inventory to be accommodated on a housing element parcel or (b) projected in a housing element program to be developed on a housing element parcel. 4. “Not Net Loss Law” means and refers to the provisions of Government Code Section 65863, as such provisions may be amended from time to time. (c) No net loss provisions applicable to all parcels where housing is an allowable use. With respect to land where housing is an allowable use, the Housing Crisis Act limits the City’s authority to change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or to reduce the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district. Therefore, notwithstanding any other provisions of this Development Code, for so long as the Housing Crisis Act continues to so limit the City’s authority, the City shall not be obligated to accept or process an application for a general plan amendment, zoning map amendment, or zoning text amendment affecting a parcel on which housing is an allowable use if said application requests to change the general plan land use designation, specific plan land use designation, or zoning applicable to the parcel in a manner that would reduce the parcel’s residential development capacity. (d) No Net Loss Law provisions applicable to housing element parcels. 1. Reductions of allowable residential density. Except as otherwise authorized pursuant to the No Net Loss Law, in addition to any other findings required pursuant to Sections 22.60, 22.70, and/or any other applicable provision of this Development Code, prior to or concurrent with approving any general plan amendment, specific plan amendment, zoning ordinance, or any other action to reduce, or require or permit the 6.1.a Packet Pg. 513 5.4.b Packet Pg. 153 Ordinance No. 03 (2024) 29 reduction of, the allowable residential density for any housing element parcel, the City Council shall make written findings supported by substantial evidence of both of the following: a. The reduction of residential density is consistent with the adopted general plan, including the housing element. b. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. 2. Approval of development of a housing element parcel at a lower residential density. a. Prior to or concurrent with approving an application allowing development of a housing element parcel at a lower residential density, the final review authority shall make a written finding supported by substantial evidence as to whether the remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584. This finding shall include a quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the housing element to accommodate that need by income level. b. If the final review authority approves a development project on a housing element parcel that results in a lower residential density and does not find that the remaining sites identified in the housing element are adequate to accommodate the City’s share of the regional housing need by income level, the City shall within 180 days identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level in accordance with the No Net Loss Law. This subdivision shall not be interpreted to require the City to approve an application for any permit or legislative action associated with a proposed development project. However, pursuant to the No Net Loss Law, the final review authority for a permit for a proposed housing development project may not disapprove that permit on the basis that its approval would require the City to identify and make available additional adequate sites to accommodate the City’s share of the regional housing need. 3. Applicant responsibility. If an applicant for a development project or permit requests in its initial application, as submitted, a non-residential development or a mixed- use or residential development at a residential density that would result in the remaining sites in the housing element not being adequate to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584, the applicant shall assist the City to comply with the No Net Loss Law as follows: 6.1.a Packet Pg. 514 5.4.b Packet Pg. 154 Ordinance No. 03 (2024) 30 a. The applicant shall identify and include with its application a list of additional potential candidate sites to accommodate the shortfall in the City’s share of the regional housing need by income level that would result from the proposed development project, along with such evidence as is reasonably requested by the director necessary to show that such candidate sites are adequate sites pursuant to Government Code Section 65583.2 and proof that the owner or owner(s) of each such candidate site consents to rezoning and/or identification of the site in the housing element. To the extent allowed by State law, sufficient additional adequate sites must be identified before the application may be deemed complete. b. The applicant shall fund and/or provide outreach to property owners and tenants of property within the vicinity of candidate sites as required by the director, including, without limitation, the mailing of written notices and the advertisement and conduct of community meetings to provide information to interested community members about the identification and/or potential rezoning of the candidate sites. c. To the extent permitted by State law, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the identification of candidate sites and determination of their adequacy pursuant to Government Code Section 65583.2 and/or the preparation and processing of any required general plan and/or zoning amendments. Concurrent with submittal of an application for the proposed development project, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Manager and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City. Section 10. Paragraph 1 of Sub-subsection a. of Subsection (5) of Section 22.30.080 (Driveways and site access) of Title 22, Chapter 22.30 of the Diamond Bar City Code is hereby amended to provide additional clarification pertaining to the permitted location of a driveway extension and to replace the existing diagram with a new diagram, as follows (deletions in strikethrough text and additions shown in double underline): (5) Driveway width and length. a. Single-family uses. 1. Driveways are intended only to provide access to required off-street parking spaces in garages. No other paving, except walkways, shall be allowed within the front yard area. An extension of the primary driveway may be approved if the pavement width of the extension does not exceed 12 feet, is located toward the nearest side property line nearest to the driveway and the total hardscape area of the front yard does not exceed 50 percent of the existing front yard area. An extension of the driveway toward the side yard farthest from the driveway shall not be permitted. Front yard area shall be measured from the front property line to the front building line. 6.1.a Packet Pg. 515 5.4.b Packet Pg. 155 Ordinance No. 03 (2024) 31 Front Yard Section 11. Table 3-15 (Required Setbacks–Accessory Uses and Structures) of Section 22.42.110 (Residential accessory uses and structures) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to specify setback requirements for fish ponds and fountains in the front yard of single-family detached homes, as follows (deletions in strikethrough text and additions shown in double underline): Single-Family Detached Homes Accessory Structure Type of Setback 1 Required Setback 2 . . . . . . . . . Swimming pool, spa, the fish pond, outdoor play equipment, fountains, decorative pools,3,4 Sides, rear Street side 5 feet As required for main structure . . . . . . . . . Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. 6.1.a Packet Pg. 516 5.4.b Packet Pg. 156 Ordinance No. 03 (2024) 32 (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcel. (3) Rear yard setback for a detached accessory structure on a double-frontage parcel shall be a minimum of 20 percent of the parcel depth to a maximum of 25 feet. (4) Shall be in compliance with the standards set forth in the Building Code, such as maximum depth and pool barrier requirements. Section 12. Section 22.42.120 (Accessory dwelling units and junior accessory dwelling units) of Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to conform with State law, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.42.120. - Accessory dwelling units and junior accessory dwelling units. The purpose of this section is to provide for the creation of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law, in order to provide for additional housing opportunities for development of low- and moderate-income housing for the community in keeping with the Housing Element of the Diamond Bar General Plan. (1) Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this section apply to the development of new ADUs and JADUs in the City. (2) Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of Chapter 13 of Division 1 of Title 7 of the Government Code sections 65852.2 and 65855.22and shall be applied in a manner that is consistent with state law. (3) Effect of Conforming. Consistent with state law, an ADU that conforms to the provisions of this section (a) shall be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located; (b) shall be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and (c) shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (4) Definitions. As used in this section, the following terms shall have the following meanings: a. The terms “accessory dwelling unit”, “accessory structure”, “efficiency unit”, “living area”, “nonconforming zoning condition”, “passageway”, “proposed dwelling”, “public transit”, and “tandem parking” all have the same meaning as that stated in Government Code section 65852.2 66313 as that section may be amended from time to time. The terms “accessory dwelling unit” and “ADU” shall have the same meaning. b. The term “junior accessory dwelling unit” shall have same meaning as that stated in Government Code section 66313 65852.22(h)(1) as that section may be amended from time to time. The terms “junior accessory dwelling unit” and 6.1.a Packet Pg. 517 5.4.b Packet Pg. 157 Ordinance No. 03 (2024) 33 “JADU” shall have the same meaning. c. The term “attached ADU” means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure. d. The term “detached ADU” means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure. e. The term “converted ADU” means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling structure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. (5) Areas Allowed. a. ADUs. ADUs conforming to the provisions in this section may be located on any lot in the city that is zoned to allow single-family or multifamily residential uses and that includes a proposed or existing legally developed single-family dwelling, duplex, or multifamily dwelling. b. JADU. JADUs conforming to the provisions in this section may be located within a proposed or existing legally developed single-family dwelling on any lot in the city that is zoned to allow single-family residential uses. (6) Number Allowed. a. Single-Family Lots. No more than one ADU or JADU shall be allowed on a lot developed or proposed to be developed with a single-family dwelling; provided, however, that a single-family lot may have both one JADU and either (i) one ADU located within the proposed space of a single-family dwelling or within the existing space of a single-family dwelling or accessory structure, or (ii) one detached, new construction, ADU not exceeding 800 square feet in total floor area. b. Multifamily Lots. Multifamily lots may have either up to two detached ADUs and or multiple converted ADUs as follows: i. No more than a total of two (2) detached ADUs may be constructed on a lot developed or proposed to be developed with one or more multifamily dwelling structures. ii. On lots with no detached ADUs, one (1) or more converted ADUs may be constructed within portions of existing multifamily dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multifamily structure. The number of ADUs permitted under this subsection shall not exceed twenty-five (25) percent of the existing multifamily dwelling units on the lot. For the purpose of 6.1.a Packet Pg. 518 5.4.b Packet Pg. 158 Ordinance No. 03 (2024) 34 calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multifamily dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed. iii. Detached ADUs may not be combined on the same multifamily lot with converted ADUs. (7) ADU Standards and Criteria. a. Development Standards. Except as modified by this subsection or as otherwise provided by state law, an ADU shall conform to the height, setback, landscaping, lot coverage, and other development standards applicable to the lot on which it is located, as set forth in the Development Code and/or in an applicable specific plan or planned development ordinance or resolution. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet. b. Location on Lot. Attached and detached ADUs shall not be constructed within required setback areas. New detached ADUs shall be located in the rear half of the lot. Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the requirements of this subsection (7)(b) would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with all other applicable development standards. c. Access. An attached or converted ADU shall maintain independent exterior access from the proposed or existing primary dwelling structure. Such access shall not be located on the front of the primary dwelling structure or face the street on which the primary dwelling fronts. d. Passageway. No passageway shall be required in conjunction with the construction of an ADU. e. Setbacks. i. Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new attached and detached ADUs. ii. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes. f. Building Separation. 6.1.a Packet Pg. 519 5.4.b Packet Pg. 159 Ordinance No. 03 (2024) 35 i. A minimum separation of six feet is required between a detached ADU and the primary dwelling unit. ii. A minimum separation of six feet is required between an attached or detached ADU and all other freestanding accessory structures, including freestanding garages, on the property, provided, however, that a detached ADU may be attached to a freestanding garage in compliance with all Building Code requirements. iii. Building separation requirements do not apply to converted ADUs that do not include an expansion of floor area of the existing structure. g. Minimum ADU Size. An ADU shall have a minimum floor area of at least 220 square feet. h. Maximum ADU Size. i. Attached ADUs: The total floor area of an attached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. 2. Two or more bedrooms: 1,000 square feet or fifty percent (50%) of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square feet. ii. Detached ADUs: The total floor area of a detached ADU shall not exceed the following: 1. Studio or one bedroom: 850 square feet. 2. Two or more bedrooms: 1,000 square feet. 3. Notwithstanding the foregoing, where a detached ADU and a JADU are combined on the same lot, the total floor area of the detached ADU shall not exceed 800 square feet. iii. Converted ADUs: The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress. 6.1.a Packet Pg. 520 5.4.b Packet Pg. 160 Ordinance No. 03 (2024) 36 iv. Patios and Porches. An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 60 square feet in size. Such a patio or porch shall not be considered in calculating the floor area of the ADU for purposes of the above maximum unit size limitations. i. Height. i. Detached ADUs: A. Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit New attached and detached ADUs shall be one story, constructed at ground level, and shall not exceed sixteen (16) feet. in height as measured from the finished grade to the highest area of the roofline. B. The height of a detached ADU located on a lot with an existing or proposed multifamily, multistory dwelling unit, shall not exceed eighteen (18) feet. C. The height of a detached ADU located on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one- half of one mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet; provided, however, that up to an additional two (2) feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. ii. Attached ADUs: The height of an attached ADU shall not exceed twenty-five (25) feet or the height limitation that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two (2) stories. iii. Converted ADUs: Converted ADUs are not subject to a height limitation. iv. Measurement: The height of an ADU shall be as measured from the finished grade to the highest area of the roofline. j. Exterior Design. Except to the extent necessary to meet current fire and building codes, A an ADU shall match the architectural style and design features of the primary residential structure as provided below, including, but not limited to: i. Exterior finishes: Exterior finish Mmaterials shall be the same as or visually match those of the primary residential structure in terms of, colors, type, size, and placement. surface treatments and details; ii. Roofing Pitch: Type, pitch and materials Roof pitch shall be the same as the predominant roof pitch of the primary residential structure; iii. Proportion and form Trim: The trim around the doors and windows shall be the same type and finish as the primary residential structure; and 6.1.a Packet Pg. 521 5.4.b Packet Pg. 161 Ordinance No. 03 (2024) 37 iv. Windows: Type, forms, and dimensional ratios Windows shall match those of the primary residential structure in terms of type, proportion (height and width ratio) and orientation (vertical vs. horizontal); v. Eaves: For an attached ADU, eaves shall project from the ADU the same distance as the eaves on the primary residential structure. For a detached ADU, eaves shall project from the ADU at least one foot on all elevations; vi. Fascia Boards: Fascia boards shall match the primary structure or in the event the primary structure has 2x4, shall be no wider than 2x6; and vii. The front elevation of an ADU that is visible from the street shall have the same architectural details as the primary residential structure. A converted ADU that is constructed within all or a portion of the permitted existing interior space of a dwelling or accessory structure is not required to meet the foregoing exterior design standards; provided, however, that exterior alterations to the structure such as those necessary to meet building codes must meet the relevant design standards above. k. Recreational Vehicles. Neither the primary residence nor the proposed ADU shall be a recreational vehicle. l. Off-Street Parking. i. One additional off-street parking space must be provided for a new attached or detached ADU. This parking space shall be accessible from the existing approved driveway approach, and may be provided in setback areas or as tandem parking on a driveway, unless specific findings are made by the director that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety concerns. An existing driveway may be widened to accommodate the one off-street parking space pursuant to section 22.30.080. ii. Notwithstanding the foregoing, an additional off-street parking space is not required to be provided in the following instances: 1. If the ADU is located within one-half mile walking distance of public transit. 2. If the ADU is located within a historic district. 3. If the ADU is part of the proposed or existing primary residence or an accessory structure; 4. When on-street parking permits are required but not offered to the occupant of the ADU. 5. When there is a car share vehicle located within one block of the ADU. 6.1.a Packet Pg. 522 5.4.b Packet Pg. 162 Ordinance No. 03 (2024) 38 6. If the ADU is a detached ADU that has a total floor area of 800 square feet or less. 7. If the ADU is located on a lot developed or proposed to be developed with one or more multifamily dwelling structures. iii. The parking space required for a new attached or detached ADU is in addition to the parking spaces required for the primary dwelling. However, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. m. Utility Service. Utilities serving an ADU (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. An ADU shall not be provided with separate metered utilities, unless otherwise required by applicable building, fire or electrical code provisions. For any ADU using septic facilities allowed by the California Regional Water Quality Control Board and the city, written certification of acceptability and approval by the local health officer shall be submitted. n. Impact Fees. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012). No impact fee is required for an ADU that is less than 750 square feet in size. Any impact fee that is required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling. For purposes of this section, “impact fee” does not include any planning application fee, plan check fee, or building permit fee that is otherwise applicable. (8) Standards and Criteria Applicable to JADUs. a. Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family dwelling, including an existing attached garage. b. Unit Size. A JADU shall not exceed 500 square feet in size. c. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it located. d. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. e. Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area. f. Parking. No additional off-street parking is required for a JADU beyond that 6.1.a Packet Pg. 523 5.4.b Packet Pg. 163 Ordinance No. 03 (2024) 39 required at the time the existing primary dwelling was constructed. However, when an existing attached garage is converted to a JADU, any required off-street parking spaces for the primary dwelling that are eliminated as a result of the conversion shall be replaced. These replacement parking spaces may be located in any configuration on the same lot, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces. g. Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit. h. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU. (9) Other Requirements. a. No Separate Conveyance. Except as otherwise provided in Government Code section 65852.2666341 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be owned, sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner that would authorize such separate sale, conveyance, or ownership. b. No Short-Term Rental Permitted. An ADU or JADU may be rented, although rental is not required. Any rental term of an ADU or JADU that is legally created after June 1, 2017 shall be longer than 30 days or longer. c. Owner Occupancy. i. ADUs. Owner-occupancy of a lot on which an ADU is located is not required. ii. JADUs. An owner of record of the single-family lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. D. Recorded Covenant. Prior to the issuance of a building permit for an ADU or a JADU, the owner(s) of record of the property shall provide to the director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction recorded against the property, which is in a form prepared by and/or acceptable to the director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns; shall contain restrictions pertaining to ownership and conveyance, rental, owner occupancy, and the size and attributes of the ADU / JADU that conform to this section; and shall provide that it may not be modified or terminated without the prior written consent of the director. 6.1.a Packet Pg. 524 5.4.b Packet Pg. 164 Ordinance No. 03 (2024) 40 (10) Permit Application and Review Procedures. a. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this section or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. However, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing multifamily dwelling. b. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees. c. Review. Except as otherwise provided herein, tThe director shall consider and approve or disapprove a complete application for an ADU or JADU ministerially without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application. Notwithstanding the foregoing sentence, beginning January 1, 2025, the director shall consider and approve or disapprove a complete application for a detached ADU within thirty (30) days from the date the City receives a complete application if the application utilizes either (i) an ADU plan pre-approved by the City within the current triennial California Building Standards Code rulemaking cycle or (ii) a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule-making cycle. Review is limited to whether the proposed ADU or JADU complies with the requirements of this section and/or state law, as applicable. If the director disapproves an application for an ADU or JADU, the director shall concurrently return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. If an applicant requests a delay in processing the application, the time period for the director to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU or a JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. d. Zoning Conformity. The City shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU as a condition of approval of a permit application for the creation of an ADU or JADU. e. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU will be reviewed with the application for the ADU and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with 6.1.a Packet Pg. 525 5.4.b Packet Pg. 165 Ordinance No. 03 (2024) 41 an ADU, unless the property is located within an architecturally and historically significant historic district. e f. Conformity with State Law. The City shall not apply any requirement or development standard provided for in this section to an ADU or a JADU to the extent prohibited by any provision of state law, including, but not limited to, subdivision (a)(e)(1) of Government Code section 6632365852.2. Section 13. Title 22, Chapter 22.42 of the Diamond Bar City Code is hereby amended to add new Section 22.42.170 pertaining to transitional and supportive housing to read in its entirety as: Sec. 22.42.170. – Transitional and supportive housing. (a) Transitional Housing and Supportive Housing. Consistent with subdivision (c)(3) of California Government Code Section 65583, transitional and supportive housing are considered residential uses of property and shall be subject only to those permit requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration in the same zoning district, as determined by the department based on the predominant characteristics of the proposed development. The applicant for a transitional or supportive housing development shall provide all information reasonably requested by the department necessary to establish that the proposed use meets the definition of transitional housing or supportive housing pursuant to California Government Code Section 65582. (b) Permanent Supportive Housing For Persons Experiencing Homelessness. Notwithstanding any other provision of this Development Code, in accordance with California Government Code Section 65650 et. seq., a supportive housing development shall be a use by right in any zoning district where multifamily and mixed uses are permitted and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65653 if it conforms to each of the following requirements: i. The development shall consist of 50 units or fewer. ii. The development shall conform to all objective development standards and policies that apply to multifamily dwellings or multifamily residential components of mixed-use projects in the zoning district in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents. iii. The development shall satisfy all requirements set forth in California Government Code Section 65651, including, without limitation, the following: A. Units with the development shall be subject to a recorded affordability restriction for 55 years. B. One hundred percent of the units, excluding managers’ units, within the development shall be restricted to lower income households and receiving 6.1.a Packet Pg. 526 5.4.b Packet Pg. 166 Ordinance No. 03 (2024) 42 public funding to ensure affordability of the housing to lower income Californians. C. At least 25 percent of the units in the development or 12 units, whichever is greater, shall be restricted to residents who meet criteria of the target population as defined in California Health and Safety Code Section 50675.14. If the development consists of fewer than 12 units, then 100 percent of the units, excluding manager’s units, in the development shall be restricted to such residents. D. Nonresidential floor area shall be used for onsite supportive services in the following amounts: 1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services. 2. For a development with more than 20 units, at least three percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. E. The project shall replace any existing or previously demolished protected units on the site in the manner provided in subdivision (c)(3) of Government Code Section 65915. F. Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at a minimum, a stovetop, a sink, and a refrigerator. iv. The applicant shall submit for review and approval by the Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with California Government Code Section 65652. Such on-site supportive services may include, but are not limited to, transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services, parenting services, and budgeting and life skill services. v. The property owner shall enter into a regulatory agreement with the City, in a form approved by the City Manager, to ensure compliance with the provisions of Government Code Section 65651 and this Section. The regulatory agreement shall be recorded as a covenant against the property prior to issuance of a building permit for any structure in the development. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof. In no event shall the covenant or regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants. The 6.1.a Packet Pg. 527 5.4.b Packet Pg. 167 Ordinance No. 03 (2024) 43 City Manager is authorized to approve and execute each regulatory agreement and any amendments thereto on behalf of the City. (c) Low-Barrier Navigation Centers. Notwithstanding any other provision of this Development Code, a low-barrier navigation center shall be permitted as a use by right in any areas zoned for mixed use and in nonresidential zoning districts permitting multifamily uses and shall be reviewed and approved by the Director ministerially through the zoning clearance and/or plot plan procedures within the time periods set forth in California Government Code Section 65664 if it satisfies the requirements set forth in California Government Code Section 65662. The applicant for low-barrier navigation center shall provide all information reasonably requested by the department necessary to establish that it meets all applicable requirements. Section 14. Table 4-1 of Section 22.44.020 (Authority for land use and zoning decisions) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to delete the “Hearing Officer” column from the Table and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews and minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Type of Permit or Decision Director Hearing Officer Planning Commission City Council . . . . . . . . . . . . . . . Administrative development review Final Final Appeal Appeal . . . . . . . . . . . . . . . Minor conditional use permits Final Final . . . . . . . . . . . . . . . Note: The director and hearing officer may defer action on permit applications and refer the item(s) to the commission for the final decision. Section 15. Subsection (a) of Section 22.44.040 (Application fees) of Title 22, Chapter 22.44 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): (a) Filing fees required. The council shall, by resolution, establish a schedule of fees for permits, entitlements, amendments, and other matters pertaining to this Development Code, hereafter referred to as the city's fee resolution. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for a lot line adjustment also requires a minor variance, both fees will be charged. Also, specified projects may be subject to a deposit and an hourly rate, 6.1.a Packet Pg. 528 5.4.b Packet Pg. 168 Ordinance No. 03 (2024) 44 rather then than a flat application fee(s), in compliance with the city's fee resolution. Processing shall not commence on an application until all required fees/deposits have been paid. Without the application fee, or a deposit if applicable, the application will not be deemed complete. Section 16. Subsection (a) of Section 22.47.020 (Applicability) of Title 22, Chapter 22.47 of the Diamond Bar City Code is hereby amended to remove decks and tenant improvements from the list of improvements requiring a plot plan review, as follows (deletions in strikethrough text and additions shown in double underline): (a) Required. A plot plan review shall be required prior to the issuance of a building, grading, or other construction permit, or other authorization required by the Municipal Code or this Development Code. A plot plan review shall also be required for additions of 301 square feet or larger and less than 50 percent of the existing habitable floor area of all existing structures on the site in residential zoning districts, retaining walls, decks, tenant improvement, and similar structures/improvements. Where no other authorization is required, a request for plot plan review shall be approved by the department before the commencement of any business or land use activity. Section 17. Subsection (b) of Section 22.48.030 (Application, processing, and review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline): (b) Factors to be considered. In conducting the review for a particular project, the hearing officer director or commission shall consider the location, design, site plan configuration and the overall effect of the proposed project upon surrounding properties and the city in general. Review shall be conducted by comparing the proposed project to applicable general plan policies, any applicable specific plan, development standards, design guidelines, and other applicable ordinances for the city. Section 18. Section 22.48.050 (Responsibility for development review) of Title 22, Chapter 22.48 of the Diamond Bar City Code is hereby amended to make a typographical correction and to identify the Director, rather than Hearing Officer, as the review authority for administrative development reviews, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.48.050. - Responsibility for development review. (a) Development review commission Planning Commission. The commission is authorized to impose conditions which may include the following: (1) Requirements for open spaces, screening and buffering of adjacent properties, fences, and walls; (2) Requirements for installation and maintenance of landscaping and erosion control measures; 6.1.a Packet Pg. 529 5.4.b Packet Pg. 169 Ordinance No. 03 (2024) 45 (3) Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; (4) Regulation of hours or other characteristics of operation; (5) Requirements for maintenance of on-site improvements; (6) Establishment of development schedules or time limits for performance or completion; and (7) Other conditions necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare and necessary to make the findings required by section 22.48.040 (Findings and decision) above. (b) Administrative development review—Hearing officer Director. The hearing officer director is authorized to impose conditions which may include those areas listed in section 22.48.050(a), above. If, in the opinion of the hearing officer director, the application involves unusual site development requirements or unique operating characteristics, or raises questions of development policy pertaining to applications for administrative development review and that require commission consideration, the hearing officer director shall defer and refer the application to the commission for review and decision. Section 19. Section 22.56.020 (Applicability) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.020. - Applicability. An application for a minor conditional use permit may be filed with the department in compliance with chapter 22.44 (Applications, Processing, and Fees) for a specified land use that is allowed within a particular zoning district with the approval of a minor conditional use permit. A public hearing is required for all minor conditional use permits, which shall be considered by the hearing officer director. Section 20. Subsection (c) of Section 22.56.030 (Application filing, processing, and review) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.030. - Application filing, processing, and review. (a) Filing. An application for a minor conditional use permit shall be completed, filed and processed in compliance with chapter 22.44 (Applications, Processing, and Fees). It is the responsibility of the applicant to establish evidence in support of the findings required by section 22.56.040 (Findings and decision), below. (b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter. 6.1.a Packet Pg. 530 5.4.b Packet Pg. 170 Ordinance No. 03 (2024) 46 (c) Notice and hearings. Upon receipt of a minor conditional use permit application in proper form, the hearing officer director shall hold at least one public hearing, in compliance with chapter 22.72 (Public Hearings). Section 21. Section 22.56.040 (Findings and decision) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.040. - Findings and decision. Following a public hearing, the hearing officer director shall record the decision in writing with the findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made: Section 22. Section 22.56.050 (Conditions of approval) of Title 22, Chapter 22.56 of the Diamond Bar City Code is hereby amended to identify the Director as the review authority for minor conditional use permits, as follows (deletions in strikethrough text and additions shown in double underline): Sec. 22.56.050. – Conditions of approval. In approving a minor conditional use permit, the hearing officer director may impose conditions deemed necessary to ensure that the approval will be in compliance with the findings required by (Findings and decision), above. Section 23. Section 22.60.020 (Applicability) of Title 22, Chapter 22.60 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): A specific plan, which is designed to provide for flexibility and encourage innovate innovative use of land resources and development of a variety of housing and other development types, shall be required under the following circumstances: (1) Sphere of influence. Areas included within the city's sphere of influence require the preparation of a specific plan to protect unique biological resources, create fiscal benefits for the city, and enhance its infrastructure; (2) Planning areas. Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); (3) Specific plan zoning district. Areas designated specific plan zoning district require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts); and (4) Private property owners. A specific plan, as a tool which is available to private property owners not covered by subsections (1), (2), and (3), above, could assist in the comprehensive master planning of a specific site(s). 6.1.a Packet Pg. 531 5.4.b Packet Pg. 171 Ordinance No. 03 (2024) 47 Section 24. Subsection (a) of Subsection (1) of Subsection (b) of Section 22.68.020 (Restrictions on nonconforming uses) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to make a typographical correction, as follows (deletions in strikethrough text and additions shown in double underline): (b) Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made: (1) Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not: a. Be granted more then than one time; and b. Exceed a maximum of ten percent of the total floor area of the structure before the expansion. Section 25. Paragraph (2) of Subsection (b) of Section 22.68.030 (Restrictions on nonconforming structures) of Title 22, Chapter 22.68 of the Diamond Bar City Code is hereby amended to clarify the reference to side setbacks, as follows (deletions in strikethrough text and additions shown in double underline): (b) Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision). In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adjoining parcels, a minor conditional use permit shall not be required if the proposed change or expansion meets the following criteria: (1) The addition or improvement conforms to all other applicable provisions of this Development Code; and (2) An addition to the first floor (i.e., the floor level closest in elevation to the adjacent street grade) or lower levels may have the same side setbacks as the adjoining portion of the existing structure; however, if the existing adjoining side setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot setback. Section 26. Section 22.80.020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar City Code is hereby amended to revise the definitions of “supportive housing” and “transitional housing” to conform to State law, replace the existing definition of “school” with new separate definitions for “private school,” “public school,” and “trade school,” replace the existing definition of “studios for art, dance, music, photography, etc.” with new separate definitions for “studio” and “specialized education and training,” revise, and add new definitions for “low-barrier navigation center” 6.1.a Packet Pg. 532 5.4.b Packet Pg. 172 Ordinance No. 03 (2024) 48 and “public right-of-way,” as follows (deletions in strikethrough text and additions shown in double underline): . . . (l) Definitions, “L.” The following definitions are in alphabetical order: . . . Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 6-6 (Lot Features). The director shall determine lot width for parcels of irregular shape. Low-barrier navigation center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low-barrier navigation center includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the California Government Code. Lumber and wood product manufacturing. Manufacturing, processing, and sales uses involving the milling of forest products to produce rough and finished lumber and other wood materials for use in other manufacturing, craft, or construction processes. Includes the following processes and products: Containers, pallets and skids Milling operations Trusses and structural beams Turning and shaping of wood products Wholesaling of basic wood products Wood product assembly Craft-type shops are included in "handcraft industries and small-scale manufacturing." Other wood and cabinet shops are included under "furniture and fixture manufacturing." The indoor retail sale of building materials, construction tools and equipment is included under "building material stores." . . . (p) Definitions, “P.” The following definitions are in alphabetical order: . . . Public nuisance. A public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted upon individuals may be unequal. Civil Code § 3480. A public nuisance is an act or omission which interferes with the interests of the community or interferes with the public health, safety, and welfare. Public right-of-way. The area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, and streets. 6.1.a Packet Pg. 533 5.4.b Packet Pg. 173 Ordinance No. 03 (2024) 49 Public safety facilities. Facilities operated by public agencies including fire stations, other fire prevention and firefighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities. . . . (s) Definitions, “S.” The following definitions are in alphabetical order: School. An institution of learning, whether public or private that offers instruction, training, testing, apprenticeship, tutoring, exam preparation, educational guidance, counseling and evaluation. Learning may occur at training facilities, educational institutions, and through correspondence, television, Internet, or other means such as: Boarding schools Business, secretarial, and vocational schools Community colleges, colleges and universities Elementary, middle, and junior high schools Establishments providing courses by mail or Internet High schools Military academies Professional schools (law, medicine, etc.) Seminaries/religious ministry training facilities Also includes specialized non-degree grant schools offering instructions in: Art studio Ballet and other dance studios Computers and electronics Drama studio Drivers' education Language Martial arts studio Math Music Science Tutorial services Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, arts, communications, and management. Does not include preschools and child day care facilities (see "child day care facilities"). School, Private. An institution conducting regular academic instruction at kindergarten, elementary, secondary or higher levels operated by a nongovernmental organization and which is not a trade school. 6.1.a Packet Pg. 534 5.4.b Packet Pg. 174 Ordinance No. 03 (2024) 50 School, Public. A public governmental institution conducting regular academic instruction at kindergarten, elementary, secondary, or higher levels. School, Trade. Private schools offering preponderant instruction in the technical, commercial and/or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools, and similar commercial establishments. Second hand stores. Indoor retail establishments that buy and sell used products, including books, clothing, furniture and household goods. The sale of antiques is included under "art, antique, collectible and gift sales." The sale of cars and other used vehicles is included under "auto, mobile home and vehicle sales." Does not include pawn shops. . . . Sound level meter. An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound levels, that satisfies the requirements pertinent for Type S2A meters in American National Standards Institute specifications for sound level meters. Specialized education and training. Small scale facilities, typically occupying no more than one demised instructional space. These include facilities for, but not limited to, art, ballet and other dance, drama, drivers' education, language, martial arts, math, music, science, tutorial services. Also includes facilities, institutions and conference centers that offer specialized programs in personal growth and development, including fitness, environmental awareness, communications, and management. Does not include preschools and child day care facilities (see "child day care facilities"). Stand. A natural grouping of three or more trees. . . . Studios for art, dance, music, photography, etc. Facilities for individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; and martial arts training studios. Studio. The workplace of one (1) or more individuals who are engaged in the production of works of art or handcrafts for a living, including, but not limited to, painting, sculpture, music, photography, ceramics and glass works. Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide land or real property for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider. . . . Supportive housing. Housing configured as rental housing developments A housing development, as defined in either Section 65582 or 65650 of the California Government Code, with no limit on length of stay, that is occupied by the applicable target population as defined in Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live, and when possible, work in the community. Supportive housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics of the use. Supportive housing does not include parolee-probationer homes; nor 6.1.a Packet Pg. 535 5.4.b Packet Pg. 175 Ordinance No. 03 (2024) 51 does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. . . . (t) Definitions, “T.” The following definitions are in alphabetical order: . . . Transitional housing. Housing A form of supportive housing consisting of buildings configured as rental housing developments, but operated under program requirements that require call for the termination of assistance and recirculating recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which that shall be no less than six months from the beginning of the assistance, pursuant to Subsection (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing shall be considered a residential use subject to the same standards as other similar residential uses of the same type in the same zone, based upon the predominant operating characteristics of the use. Transitional housing does not include parolee-probationer homes; nor does this definition include commercial lodging facilities providing prenatal and/or postnatal accommodations. . . . Section 27. The City Council finds that this Ordinance is not subject to , and/or is exempt from, review under the California Environmental Quality Act (“CEQA”). The amendments pertaining to transitional and supportive housing, low -barrier navigation centers, general residential care facilities, affordable housing and density bonus regulations, dwelling unit protection regulations, review by the City of applications for permits and/or land use entitlements for housing development projects, and no net loss regulations implement or repeat existing provisions of state law and are therefore ministerial actions that are not subject to CEQA. In addition, the amendments pertaining to transitional and supportive housing, low - barrier navigation centers, general residential care facilities, density bonus regulations, and accessory dwelling units were contemplated in the Housing Element Update and are within the scope of the Final EIR No. SCH 2018051066 for the Diamond Bar 2040 General Plan certified by the City Council on December 17, 2019, as addended pursuant to the Addendum adopted by the City Council on August 11, 2022 in conjunction with adopt ion of the Housing Element Update, and thus no further environmental review is required as to these amendments pursuant to Public Resources Code Section 21166 and Section 15162 of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the amendments will not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts. To the extent they are subject to review under CEQA, the amendments to Section 22.42.120 pertaining to accessory dwelling units are also statutorily exempt from CEQA pursuant to Public Resources Code section 21080.17 and CEQA Guidelines section 15282(h). 6.1.a Packet Pg. 536 5.4.b Packet Pg. 176 Ordinance No. 03 (2024) 52 To the extent they are subject to review under CEQA, the amendments pertaining to transitional and supportive housing and low-barrier navigation centers are categorically exempt pursuant to CEQA Guidelines sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures). To the extent they are subject to review under CEQA, the amendments modifying the definitions and use tables pertaining to schools, studios, and facilities for education and training in the I (light industry) zoning district are categorically exempt pursua nt to CEQA Guidelines section 15301 (Existing Facilities) as the type of uses under these use categories are already permitted or conditionally permitted in the applicable zones or less intensive zones (i.e., studios are existing permitted uses in commerci al zoning districts and are similar to other uses already permitted in the I (light industry) zoning district). The amendments clarifying permitted locations and projections into setbacks for porches (Section 22.16.090) and specifying setback requirements for fish ponds and fountains in the front yard of single-family detached homes (Section 22.42.110) are categorically exempt pursuant to CEQA Guidelines section 15303 (New Construction or Conversion of Small Structures). The amendments that correct typographical errors, delete obsolete provisions, add or correct cross-references to other Development Code sections or state statutes, clarify ambiguities in existing definitions or regulations, implement or repeat existing sta te law requirements, or relate only to review procedures or requirements are not considered a Project under CEQA, as defined in section 15378(b)(5) of the State CEQA Guidelines, as they organizational and administrative actions of government that will not result in direct or indirect physical changes in the environment. To the extent not otherwise exempt from review for other reasons stated herein, the Ordinance is not subject to CEQA because it can be seen with certainty that the proposed Development Code Amendments will not result in a direct or reasonably foreseeable indirect physical change in the environment (Section 15060(c)(2) of the CEQA Guidelines) and this Ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 (b)(3) of the CEQA Guidelines). Section 28. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. 6.1.a Packet Pg. 537 5.4.b Packet Pg. 177 Ordinance No. 03 (2024) 53 Section 29. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED, APPROVED and ADOPTED this __th day of ____, 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 Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 2024, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the __th day of ____, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 538 5.4.b Packet Pg. 178 6.1.b Packet Pg. 539 5.4.b Packet Pg. 179 6.1.b Packet Pg. 540 5.4.b Packet Pg. 180 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: May 28, 2024 CASE/FILE NUMBER: Development Code Amendment No. PL2022-59 PROJECT LOCATION: Citywide APPLICATION REQUEST: APPLICANT: STAFF RECOMMENDATION: To amend various provisions of Title 22 (Development Code) of the Diamond Bar City Code to implement Housing Programs contained in the City’s certified 2021-2029 Housing Element, to conform to changes in new State housing laws and City policies, and to make typographical corrections and clarifications. Community Development Department Adopt the attached Resolution recommending the City Council approve Development Code Amendment No. PL2022-59. The matter was originally scheduled to be heard on May 14, 2024. However, due to a lack of quorum, the meeting was adjourned pursuant to Government Code Sections 54955 and 54955.1, and all business and public hearing items scheduled before the Planning Commission for May 14, 2024, were continued to May 28, 2024. SUMMARY: The Diamond Bar Development Code (Title 22 of the Diamond Bar City Code) was first adopted in 1998. Its purpose and intent are “to implement the policies of the Diamond Bar general plan by classifying and regulating the uses of land and structures within the City of Diamond Bar.”1 Amendments to the Development Code are needed from time to reflect community values, to keep pace with new state and federal laws, to implement 1 DBCC §22.01.020 CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 29 6.1.c Packet Pg. 541 5.4.b Packet Pg. 181 Development Code Amendment No. PL2022-59 Page 2 of 8 local policies, and to resolve the internal inconsistencies and errors that are eventually encountered. In the wake of the numerous housing and development laws passed by the State Legislature in recent years, together with the housing programs contained in the City’s certified 2021-2029 Housing Element, staff is recommending adoption of an omnibus ordinance that would amend several sections of the Development Code to ensure continued conformance with State law. The proposed ordinance also incorporates several “cleanup” items to clarify the intent of various existing regulations. BACKGROUND: State Housing Laws In addition to the routine cleanup items and the codifying of miscellaneous laws that the City is already subject to, the amendments proposed in the attached ordinance (Attachment B) are largely focused on ensuring that the City is in compliance with the onslaught of housing laws passed by the State Legislature in recent years. These laws were discussed during a joint study session of the City Council and Planning Commission on March 26, 2024, and are summarized below: • The Housing Accountability Act (Gov't Code §65589.5) prevents cities from applying non-objective development standards and findings to proposed housing development projects, limits cities' authority to disapprove or impose certain conditions on proposed housing development projects, and imposes other temporal and procedural limits on cities' review of housing projects. “Objective” standards are those that involve no personal or subjective judgment and are uniformly verifiable by reference to an external benchmark or criterion. Cities or counties found to have acted in violation of the Housing Accountability Act may be subject to certain enhanced remedies, including significant fines. • The Housing Crisis Act of 2019 (SB 330) established laws intended to streamline housing development approvals, requires cities to maintain their existing affordable housing stock and protect displaced tenants of affordable housing units, limits cities' authority to rezone property to a lower residential density, and restricts cities from establishing new residential design standards that are not objective. • State Density Bonus Law (“SDBL,” Gov't Code §65915-65918), as amended by AB 1287, requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units. • No Net Loss Law (Gov't Code §65863) requires that a city make specified findings before it allows development of a parcel at a lower residential density than identified in the city's housing element for that parcel or takes any other administrative, quasi - judicial, or legislative action to reduce, require, or permit the reduction of the allowable residential density for such a parcel. 7.1 Packet Pg. 30 6.1.c Packet Pg. 542 5.4.b Packet Pg. 182 Development Code Amendment No. PL2022-59 Page 3 of 8 • Housing Element Law (Gov't Code §§65580 – 65589.11), among other things, requires cities to identify and remove governmental constraints on the production of housing, to treat transitional and supportive housing similarly to other residential dwellings, and to provide for a variety of housing types, including single -room occupancy housing. • Senate Bill 35 (Gov't Code §65913.4) requires cities to ministerially review and approve qualifying affordable housing projects in an effort to meet statewide affordable housing goals. • Government Code §65651, et seq. and §65660, et seq. require cities to allow certain supportive housing projects and low-barrier navigation centers as uses to be established by right. • Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) Law (Article 2, commencing with § 66314, of Chapter 13 of Division 1 of Title 7 of the Government Code) requires cities to adopt ordinances providing for streamlined ministerial review and approval of ADUs and JADUs and limiting the development standards cities can apply to ADUs and JADUs. Diamond Bar Housing Element The proposed amendments also implement several of the housing programs contained in the City's certified 2021-2029 Housing Element, as summarized below: • Program H-11. Housing for Persons with Special Needs - Continue to facilitate emergency shelters and transitional/supportive housing and continue participating with Los Angeles Homeless Services Authority and San Gabriel Valley Council of Governments on efforts to address homelessness throughout the planning period. Process an amendment to the Development Code to allow supportive housing, low barrier navigation centers and large residential care facilities consistent with State law. The proposed Code amendment would update the land use table to reflect mandatory changes in State law, including: removing the Conditional Use Permit (CUP) requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right; permitting “transitional/supportive housing” by right in all residential zones, subject to certain requirements; and adding "supportive housing for the homeless" and "low-barrier navigation centers” as permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. • Program H-12. Affordable Housing Incentives/Density Bonus - Amend the Development Code in 2021 consistent with current Density Bonus Law and continue to encourage the production of affordable housing through the use of density bonus and other incentives. 7.1 Packet Pg. 31 6.1.c Packet Pg. 543 5.4.b Packet Pg. 183 Development Code Amendment No. PL2022-59 Page 4 of 8 The proposed Code amendment would update the City’s density bonus regulations to conform to the current provisions of the SDBL. • Program H-13. Efficient Project Processing - Continue to offer streamlined development processing, and periodically review departmental processing procedures to ensure efficient project processing. The proposed Code amendment would implement various provisions of State law aimed to ease local government constraints on housing development, as well as eliminate conflicting provisions found within the Development Code. ANALYSIS: Adoption Process Before the City Council adopts an ordinance to amend the Development Code, the Planning Commission must first conduct a public hearing to consider the proposed amendments. The Commission then forwards its recommendations via a resolution advising the Council whether or not the proposed amendments should be adopted. Proposed Development Code Amendments The full text of the proposed code amendments is contained in the draft ordinance (Attachment B). The following discussion cites the applicable Development Code section or chapter being amended, and provides the basis for each proposed amendment. Each item below is numbered to correspond to the section numbering in the ordinance. 1. 22.04.020(c)(3) - Floor Area Ratio: Typographical errors are corrected. 2. 22.08.030 Table 2-3 - Residential District Land Use Table: Consistent with recent State law, the residential land use table is amended to remove the CUP requirement for residential care facilities serving seven or more persons in all residential zones and reclassify them as permitted by right. “Transitional/supportive housing” is added as permitted by right in all residential zones, subject to new requirements set forth under Development Code Section 22.42.170. Lastly, “Second Units” is deleted because the term has been renamed “Accessory Dwelling Units,” and was already added as a permitted use in all residential zones under an earlier ordinance. 3. 22.08.040 Table 2-4 - Restrictions on nonconforming structures: Currently, this section allows for additions to nonconforming structures without approval of a Minor Conditional Use Permit (MCUP) if the addition is limited to one -story and has the same setbacks as the adjoining portion of the existing structure. The intent of this section, when drafted, was to allow the continuation of nonconforming side setbacks only, and has been clarified as such (applies to Sections 3 and 25 of the ordinance). 4. 22.10.030 Table 2-5 - Office District Land Use Table: The current definition of “school” is very broad and encompasses all types of schools, education and training 7.1 Packet Pg. 32 6.1.c Packet Pg. 544 5.4.b Packet Pg. 184 Development Code Amendment No. PL2022-59 Page 5 of 8 facilities, as well as studios. This creates confusion to the public and City staff when determining land use. The proposed amendment would create separate discrete definitions for each. Educational uses such as public schools are now separated from specialized education or training type uses, such as dance studios. Public schools will remain as permitted uses and the new definition of private and trade schools are subject to approval of a CUP in the office zoning districts. “Specialized education and training” will also have its own definition and subject to approval of a CUP in the office zoning districts (applies to Sections 4 and 5 of the ordinance). “Medical services-Clinics and laboratories” is currently a conditionally permitted use in the OP zoning district, but should be a use permitted by right since the OP zoning district is intended for office-based working environments such as general, professional, administrative offices, and similar related compatible uses. Footnote 6 (Massage) – Deletion of this footnote was inadvertently missed when the City adopted its updated massage ordinance in 2016. This footnote is no longer applicable. 5. 22.10.030 Table 2-6 - Commercial/Industrial District Land Use Table: Consistent with recent State law, the commercial and industrial land use table is proposed to be amended to allow “low-barrier navigation centers” and “transitional/supportive housing” in the Light Industry (I) zoning districts subject to new requirements set forth in Section 22.42.170. Massage footnote – See item 4 above. 6. 22.16.070(1) - Open space requirement: Currently, the Code requires commercial projects to provide a minimum of 1/10 th of one percent of the total land area of the center as useable open space, which is a typographical error and has been corrected to one percent. 7. 22.16.090(3)(c) - Setback regulations and exceptions: The current language provides a loophole whereby some applicants have labeled patio covers as “back porches” on plans and permit applications in an attempt to allow them to encroach into the rear setbacks. To close this loophole, the language has been revised to limit porch encroachments into the front setbacks only. 8. 22.16.130 - View protection: Figure 3-5 is a variation of Figure 3-4, which pertains to setbacks, not view protection, and therefore should be deleted. No replacement figure is necessary. 9. Chapter 22.18 - Special procedures applicable to housing development projects: Because State housing laws have been amended so extensively, Development Code Chapter 22.18 (“Affordable Housing Incentives/Density Bonus Provisions”) is proposed to be repealed in its entirety and replaced it with comprehensively rewritten standards to be fully consistent with State law. The 7.1 Packet Pg. 33 6.1.c Packet Pg. 545 5.4.b Packet Pg. 185 Development Code Amendment No. PL2022-59 Page 6 of 8 revised Chapter 22.18—retitled “Special Procedures Applicable to Housing Development Projects”— the myriad legislative mandates as follows: a. Density bonus regulations are revised to conform to the current provisions of the SDBL, which requires cities to grant increased density, incentives and concessions, and waivers of development standards to residential developers in exchange for the production of affordable housing units; b. Provisions of the Housing Crisis Act of 2019 are added to require development project proponents to replace demolished residential dwelling units and protected rental units, and to provide relocation assistance and other benefits to existing occupants of demolished protected rental units; c. Minimum requirements for affordable housing regulatory agreements are added; d. Provisions of State law pertaining to review by the City of applications for permits and/or land use entitlements for housing development projects are enumerated; and e. The “No Net Loss” provisions of the Housing Crisis Act of 2019 are enumerated. 10. 22.30.080 (5)(a)(1) - Driveway extensions for single-family residential property: Clarification was added that an extension of the driveway towards the side property line farthest from the driveway is not permitted. Additionally, the illustration has been updated to further clarify the intended requirement. 11. 22.42.110 Table 3-15 - Setbacks for accessory uses and structures: A minor typographical error is corrected, and a footnote was also added to expressly state that the listed structures and water features are subject to Building Code requirements. 12. 22.42.120 - Accessory dwelling units and junior accessory dwelling units : The proposed amendments would ensure compliance with the most recent ADU legislation: AB 2221 and SB 897 (2022), AB 976 and AB 1332 (2023), and SB 477 (2024). These bills made several changes to existing law that clarify certain provisions and further ease development restrictions. The most significant recent change was to height restrictions where the construction of two-story ADUs must now be permitted, subject to certain requirements. 13. 22.42.170 - Transitional and supportive housing: A new section is added to address transitional and supportive housing, per State law, specifying that these facilities are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use. This section also specifies legal requirements, review and approval procedures for "Supportive Housing For the Homeless" and "Low-Barrier Navigation Centers," pursuant to State law. These uses 7.1 Packet Pg. 34 6.1.c Packet Pg. 546 5.4.b Packet Pg. 186 Development Code Amendment No. PL2022-59 Page 7 of 8 are proposed to be permitted uses by right in the Industrial zoning district, subject to certain requirements pursuant to Government Code Section 65653. 14. 22.44.020 Table 4-1 - Director vs. Hearing Officer: The proposed amendment identifies the Director—rather than the Hearing Officer—as the review authority for administrative development reviews and minor conditional use permits. References to Hearing Officer have been removed since the Director or their designee has the same authority. 15. 22.44.040(a) - Application fees: A typographical error has been corrected from the word “then” to “than.” 16. 22.47.020(a) - Plot Plan review: Small projects such as decks and tenant improvements should be processed administratively via the Zoning Clearance application process. 17. 22.48.030(b) - Administrative Development Review: Language revised to replace “hearing officer” with “director” (see Item 14 above). 18. 22.48.050(a) and (b) - Responsibility for development review: The review authority for Development Review applications should be the Planning Commission, not the “development review commission,” so this typographical error and has been corrected. Under subsection (b), “hearing officer” is replaced with “director.” 19. 22.56.020 - MCUP review authority: “Hearing officer is replaced with “director.” 20. 22.56.030(c) - MCUP review authority: See item 19. 21. 22.56.040 - MCUP review authority: See item 19. 22. 22.56.050 - MCUP review authority: See item 19. 23. 22.60.020 - Applicability of Specific Plan: A typographical error has been corrected from the word “innovate” to “innovative.” 24. 22.68.020(b)(1)(a) - Restrictions on nonconforming uses: A typographical error has been corrected from the word “then” to “than.” 25. Restrictions on nonconforming structures - Section 22.68.030(b)(2): See item 3. 26. 22.80.020 - Definitions of specialized terms and phrases: The following definitions are to be added or amended: Low barrier navigation center, Public right- of-way, School (Private, Public and Trade), Specialized education and training, Studio, Supportive housing, and Transitional housing. The housing terms are required in conjunction with the proposed amendments per State housing law. “Public right-of-way” is added since it is not expressly defined anywhere else in the Municipal Code. As noted above, the current definition of “school” is very broad and encompasses all types of schools, education and training facilities, and studios. The proposed amendment would create separate discrete definitions for each. Staff recommends approval of these amendments in order to eliminate conflicting provisions, provide clarification, and achieve changes in the Development Code 7.1 Packet Pg. 35 6.1.c Packet Pg. 547 5.4.b Packet Pg. 187 Development Code Amendment No. PL2022-59 Page 8 of 8 necessary to implement the Housing Programs in the City’s certified 2021 -2029 Housing Element, and compliance with State law. ENVIRONMENTAL REVIEW: Staff has determined that the proposed Development Code Amendment is categorically and statutorily exempt from the California Environmental Quality Act (“CEQA”). Section 27 of the Ordinance provides a detailed analysis to support this determination. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the San Gabriel Valley Tribune newspaper on May 3, 2024, in a 1/8-page display. Pursuant to Planning and Zoning Law Government Code Section 65091(a)(4), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least 1/8 page in one newspaper of general circulation. A copy of the public notice was also posted at the City’s designated community posting sites. PREPARED BY: REVIEWED BY: Attachments: A. Draft Planning Commission Resolution No. 2024-XX (Recommending Approval of Development Code Amendment) B. Draft Ordinance No. XX (2024) 7.1 Packet Pg. 36 6.1.c Packet Pg. 548 5.4.b Packet Pg. 188 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION May 28, 2024 CALL TO ORDER: Vice Chair/Garg called the meeting to order at 6:30 p.m. in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE:C/Wolfe led the Pledge of Allegiance. 1. ROLL CALL:Commissioners Barlas, Rawlings, Wolfe, Vice Chair Garg ABSENT:Chair Ruben Torres STAFF PRESENT:Greg Gubman, Community Development Director; David DeBerry, City Attorney; Grace Lee, Planning Manager; May Nakajima, Senior Planner, Hal Ghafari, Public Works Manager (telephonically); Stella Marquez, Administrative Coordinator 2. APPROVAL OF AGENDA:As Submitted. 3. PUBLIC COMMENTS:None. 4. CONSENT CALENDAR: 4.1 Minutes of the March 26, 2024, Special Joint Study Session of the City Council and Planning Commission Meeting. C/Rawlings moved, and VC/Garg seconded to approve. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Rawlings, VC/Garg NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Wolfe ABSENT: COMMISSIONERS: Chair Torres 4.2 Minutes of the March 26, 2024, Regular Planning Commission Meeting. C/Rawlings moved, and C/Wolfe seconded, to approve: AYES: COMMISSIONERS: Rawlings, Wolfe, VC/Garg NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Barlas ABSENT: COMMISSIONERS: Chair Torres 6.1.d Packet Pg. 549 5.4.b Packet Pg. 189 MAY 28, 2024 PAGE 2 PLANNING COMMISSION 5. OLD BUSINESS:None. 6. NEW BUSINESS: 6.1 Review Of Fiscal Year 2024-2025 Capital Improvement Program - Conformity with the General Plan. PM/Lee presented the staff report. V/C Garg opened the matter for public comments. There were no public comments offered. C/Wolfe moved, and C/Barlas seconded, to adopt a Resolution finding the proposed Fiscal Year 2024-2025 Capital Improvement Program to be in conformance with the General Plan Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Rawlings, Wolfe, VC/Garg, NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair Torres 7. CONTINUED PUBLIC HEARING: 7.1 Development Code Amendment No. PL2022-59 - The City of Diamond Bar proposes to amend various provisions of Title 22 (Development Code) of the Diamond Bar City Code to implement Housing Programs contained in the City’s certified 2021-2029 Housing Element, to conform to changes in new State housing laws and City policies, and to make typographical corrections and clarifications. (Continued from May 14, 2024) PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar Community Development Department. SP/Nakajima presented the staff report. VC/Garg opened the public hearing. 6.1.d Packet Pg. 550 5.4.b Packet Pg. 190 MAY 28, 2024 PAGE 3 PLANNING COMMISSION No public comments were offered. VC/Garg closed the public hearing. C/Barlas moved, Wolfe seconded, to approve Development Code Amendment No. PL2022-59. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Rawlings, Wolfe, VC/Garg, NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair Torres 9. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: The Commission commended staff for excellent presentations. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that there will not be Planning Commission meetings in June. Tentatively, the next meeting would be held on July 9. 11. SCHEDULE OF FUTURE EVENTS: As noted in the agenda. ADJOURNMENT: With no further business before the Planning Commission, VC/Garg adjourned the Regular Planning Commission meeting at 6:54 p.m. The foregoing minutes are hereby approved this ___ day of July, 2024. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director ____________________________ Mahendra Garg, Vice Chair 6.1.d Packet Pg. 551 5.4.b Packet Pg. 191 Agenda #: 5.5 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSULTANT SERVICES AGREEMENT WITH ZERO FOODPRINT FOR SB 1383 RECOVERED ORGANIC WASTE PRODUCT (ROWP) PROCUREMENT THROUGH JUNE 30, 2026. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Approve and authorize the City Manager to sign the Consultant Services Agreement with Zero Foodprint. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for FY 2024-25 is $99,000. Sufficient funds are included in the AB 939 Solid Waste Management budget, which Council recently adopted within the FY 2024-25 operating budget. The cost of this service will be fully covered through CalRecycle’s Senate Bill (SB) 1383 Local Assistance Or ganic Waste Recycling Grant, which the City received in May 2024 totaling $146,317. BACKGROUND: SB 1383 is the State's Short-Lived Climate Pollutants Strategy aimed to reduce greenhouse gas (methane) as well as materials entering the landfills. In accordance with Senate Bill (SB) 1383, all jurisdictions are required to procure Recovered Organic Waste Products (ROWP) to meet both 65% target for 2024 and 100% target for 20 25. Recovered Organic Waste Products (ROWP) procurement target was calculated based on the City's 2021 population (56,717), multiplying that by 0.08 tons. This aspect of the legislation set ambitious goals; in order for the City to achieve 100% of the target, 4,537.36 tons of organic materials would have to be procured. In September 2022, Governor Newsom signed Assembly Bill (AB) 1985 to allot a two -year phase-in period for cities to meet their procurement targets as follows: % Target (CY) 30% (2023) 65% (2024) 100% (2025) 5.5 Packet Pg. 192 ORG Procurement Tonnage 1,361.21 tons 2,949.28 4,537.36 tons The City was unable to meet the 30% procurement target in 2023. However, attempts were made to host several events with residential hauler Waste Management (WM), including two (2) compost giveaways that recovered 80 tons of mulch. ANALYSIS: City staff researched the different providers that can satisfy Recovered Organic Waste Products (ROWP) procurement targets in the role of “direct service provider,” which is in addition and supplemental to the tonnage that the City’s two franchise haulers provide. It was difficult to find comparable vendors to satisfy both the tonnage and reporting requirements. The following is a summary of findings: Greenleaf Power sells biomass-to-electricity credits to match the City’s electricity usage – similar to airlines offsetting carbon emissions when passengers subscribe to an extra fee. Based on Greenleaf’s assessment, they would only be able to procure 60% of the City’s 100% annual target at a cost of $106,000 over the term of the agreement. This option would be insufficient for Recovered Organic Waste Products (ROWP) procurement efforts. Agromin is an organic waste producer that operates multiple composting facilities in Southern California. They have sufficient materials and are able to meet both 2024 and 2025 procurement targets at a cost of $109,378.46. However, the reporting requirements were not satisfactory for the City’s current needs. Zero Foodprint is a non-profit organization that works with local communities to connect farms with grant funding, and resources such as compost. Zero Foodprint is not an organic waste producer but have assessed conditions and resources to ensure they can support the City in meeting both 2024 and 2025 procurement targets at a cost of $95,111.70. In addition to providing CalRecycle reporting documentation, they are also able to generate project photographs and narratives of where procured materials are distributed. The City would also have access to Zero Foodprint’s Climate Benefit reporting and Climate Action Plan Integration. It is recommended that the City partner with Zero Foodprint (ZFP) to be a direct service provider in SB 1383’s Recovered Organic Waste Products (ROWP) procurement. It is requested that the City Council authorize the City Manager to execute the agreement with Zero Foodprint (ZFP) at an annual cost of not-to-exceed $99,000. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: 5.5 Packet Pg. 193 REVIEWED BY: Attachments: 1. 5.5.a ZFP Service Agreement 2. 5.5.b ZFP Exhibit A 5.5 Packet Pg. 194 1 Professional Services – Non Design CONSULTANT SERVICES AGREEMENT [Non-Design Professionals] THIS AGREEMENT (the "Agreement") is made as of June 18, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and Zero Foodprint, a California non-profit organization ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement , Consultant shall provide to the reasonable satisfaction of the City the compost procurement and record keeping services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Management Analyst Cathy Nguyen (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect July 1, 2024, and shall continue until June 30, 2026 ("Term"), unless earlier terminated pursuant to the provisions herein. The City Manager shall have the option to extend this Agreement for two (2) one-year terms, subject to the same terms and conditions contained herein, by giving Consultant written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term. In the event the City exercises its option to extend the Term, Consultant's compensation shall be subject to an adjustment upon the effective date of extension as follows: Any increase in compensation will be negotiated between the City and the Consultant, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim-Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of 5.5.a Packet Pg. 195 2 Professional Services – Non Design services set forth in Exhibit "A." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed ninety-nine thousand dollars ($99,000) annually without the prior written consent of the City . The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. Reserved. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor e have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits (“A”), the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of 5.5.a Packet Pg. 196 3 Professional Services – Non Design Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant’s legal counsel 5.5.a Packet Pg. 197 4 Professional Services – Non Design unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) The Consultant's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) Automotive liability insurance written on an occurrence basis covering any owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. 5.5.a Packet Pg. 198 5 Professional Services – Non Design D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Con sultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically 5.5.a Packet Pg. 199 6 Professional Services – Non Design for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records . In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 5.5.a Packet Pg. 200 7 Professional Services – Non Design 16. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. . 17. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement, including completion of the procurement to meet the 65% target by December 31, 2024; 100% target by December 31, 2025; and 100% target by December 31 of any year that is covered in the event of a term extension. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Liquidated Damages. Consultant shall pay City, or have withheld from monies due it, as liquidated damages, the sum of $100 Dollars per day for each and every calendar day's delay in finishing the work within the time specified, including any written extensions which may be granted, in writing, in accordance with this Agreement. 21. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant’s control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why 5.5.a Packet Pg. 201 8 Professional Services – Non Design the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 22. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Reserved. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 5.5.a Packet Pg. 202 9 Professional Services – Non Design “CONSULTANT” “CITY” City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: Attn.: _______________ Phone: Phone: E-Mail:E-mail: 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. [SIGNATURE PAGE FOLLOWS] Zero Foodprint 2370 Market St Ste 103, Box #332 San Francisco, CA 94114 Leo Beckerman (510) 214-2515 leo@zerofoodprint.org 5.5.a Packet Pg. 203 10 Professional Services – Non Design IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Zero Foodprint CITY OF DIAMOND BAR By: ______ By: ____ Printed Name: Dan Fox, City Manager Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By:____ Omar Sandoval, City Attorney *NOTE: If Consultant is a corporation, the City requires the following signature(s): -- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Leo Beckerman Director of Operations 5.5.a Packet Pg. 204 Exhibit “A” Scope of Work 1. The purpose of the work to be provided by Zero Foodprint to the City of Diamond Bar is to facilitate City's compliance with Senate Bill (“SB”) 1383’s recovered organic waste product procurement requirements, as described in the California Code of Regulations Title 14, Division 7, Chapter 12, Article 12 – Procurement of Recovered Organic Waste Products (14 CCR 18993.1 et seq.) (“SB 1383 Regulations”). 2. Zero Foodprint will use funds provided by City pursuant to section 3, below, to provide reimbursements to incentivize farmers and other compost users (“Farmers”) to acquire and use recovered organic waste product (“compost”) that complies with the requirements of the SB 1383 Regulations. 3. Zero Foodprint will require Farmers to use compost only from acceptable sources per SB 1383 Regulations sec. 18993.1(f)(1) and will require that Farmers use the compost in a manner that satisfies the requirements of the SB 1383 Regulations. 4. Zero Foodprint will obtain from Farmers necessary documentation to ensure compliance with SB 1383 Regulations and provide that documentation to City no later than sixty (60) days after the end of the Procurement Term . Documentation includes the following: a. Agreements between Zero Foodprint and the Farmers; b. Name, physical location, and contact information of each entity, operation, or facility from which the compost was procured; c. Amount of compost procured; d. General description of how the compost was used; e. Description of where the compost was applied; f. Invoices or receipts for purchase of the compost. If the California Department of Resources Recycling and Recovery (“CalRecycle”) or other City with oversight over City’s compliance with SB 1383 and the SB 1383 Requests from City further documentation to establish procurement and use of the compost, Zero Foodprint will work with City to identify, obtain, and/or provide such documentation. 5. Zero Foodprint will ensure that any compost procured on City's behalf is not applied toward the SB 1383 recovered organic waste product procurement target of any other jurisdiction except as authorized by City. 6. Zero Foodprint and City agree that the Farmers are intended to be Direct Service Providers to City pursuant to SB 1383 Regulations sec. 18982(17). If Zero Foodprint itself procures the compost on behalf of City, Zero Foodprint shall be the Direct Service Provider to City pursuant to SB 1383 Regulations sec. 18982(17). 5.5.b Packet Pg. 205 Procurement Goal Zero Foodprint will ensure that a total of 4,343 tons of compost will be procured on the City’s behalf during the term of this agreement in order to meet SB 1383 Recovered Organic Waste Product (ROWP) requirements of 1,711 tons in 2024 and 2,632 tons in 2025. Compost Requirements As required in 14 CCR 18993.1(f)(1), compost procured to perform the Services shall meet the following criteria: 1) Materials: a) Acceptable materials are: i) Compost, including fine, medium, and coarse compost. ii) The portion of topsoil, biotreatment soil mix, or other blend that is compost. iii) See attached specification for additional requirements. b) Unacceptable materials include: i) Compost that exceeds state maximum limitations for pathogens, metals, and physical contaminants in 14 CCR § 17868.2 – 17868.3.1. ii) Uncomposted compostable materials, including: (1) Digestate (2) Biosolids/sewage sludge (3) Manure (4) Tree trimmings and green waste iii) Biochar iv) Fertilizers and soil amendments, including: (1) synthetic fertilizer (2) nitrolized sawdust (3) gypsum (4) urea v) Topsoil, fill (except as described in (1)(a)(ii)) 2) Sources: a) Acceptable sources of compost: (per 14 CCR 18993.1(f)(1)): i) A compostable material handling facility with a Full Solid Waste Facility Permit or Registration Permit, or that is authorized under the Enforcement City Notification Tier under 14 CCR § 17854.1 ii) A large volume in-vessel digestion facility that composts on-site. 3) Definitions: a) “Biochar” means the charcoal product of biomass conversion through pyrolysis (along with ash and syngas). b) “Biosolids” means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited 5.5.b Packet Pg. 206 to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids includes the residue solids resulting from the co-digestion of anaerobically digestible material with sewage sludge. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. 14 CCR 17852(a)(9) c) “Compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. 14 CCR 17896.2(a)(4) d) “Compostable material” means any organic material that when accumulated will become active compost. 14 CCR 17852(a)(11) e) “Compostable Material Handling Facility permitted or authorized by 14 CCR § 17854.1” means a facility described by the tiered regulatory system adopted by the California Integrated Waste Management Board in 1994. f) “Digestate” means the solid and/or liquid residual material remaining after organic material has been processed in an in -vessel digester. 14 CCR 17896.2(a)(6) g) “Large Volume In-vessel Digestion Facility” means a facility that receives an average greater than 100 tons of solid waste per operating day or greater than 700 tons (2,800 cubic yards) per week of solid waste for digestion in an in -vessel digester. 14 CCR 17896.2(a)(15) h) “Manure” is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. 14 CCR 17896.2(a)(18) SB1383 5.5.b Packet Pg. 207 Agenda #: 5.6 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC. FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2025. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve and authorize the City Manager to sign Amendment No. 2 to the Professional Services Agreement with Absolute International Security, Inc through June 30, 2025. FINANCIAL IMPACT: The total not-to-exceed amount for Fiscal Year 2024-25 would total $77,800 based on the upcoming facility rental and special event estimates. Sufficient funds are included in the Fiscal Year 2024-2025 Parks and Recreation budget to cover the cost of such services. BACKGROUND: For several years, Absolute International Security, Inc. has provided security guard services for private rentals and events, as well as City special events, offering affordable hourly rates. Hourly security guard fees are collected directly from facility renters and invoiced monthly to the City, while special event security is provided by Parks & Recreation for annual events. Absolute International Security, Inc. was awarded the Security Guard Services Agreement on August 2, 2022 through the City’s Request for Proposal process for an initial one-year term. Consistent with Section 2 of the Original Agreement, City Council has the option to extend the Agreement for up to three (3), one (1)-year additional terms. The original agreement was in the amount of $67,800 for fiscal year 2022 -2023. The First Amendment approved by City Council on August 1, 2023 extended the total not-to-exceed compensation to $156,850. 5.6 Packet Pg. 208 This request is the second, one-year extension through June 30, 2025 and the new hourly rate is consistent with the Consumer Price Index. The Parks and Recreation Department requests to extend the service agreement for Fiscal Year 2024 -25 under the same terms based on satisfactory services for an additional $77,800; therefore, the total not-to-exceed-amount would be $234,650 over the life of the agreement. LEGAL REVIEW: The City Attorney has reviewed and approved the amended Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.6.a 2nd Amendment - Absolute International Security 5.6 Packet Pg. 209 1 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT SECURITY GUARD SERVICES This Second Amendment to Professional Services Agreement (“Second Amendment”) is made and entered into as of July 18, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and Absolute International Security, Inc., a California Corporation (“Contractor”) with reference to the following: A. The City and the Contractor entered into that certain Professional Services Agreement dated as of August 2, 2022, which is incorporated herein by this reference (the “Original Agreement”); and B. The City and the Contractor entered into that certain First Amendment dated as of July 18, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to herein as the "Agreement"); C. The City and the Contractor desire to amend the Agreement as provided herein. NOW, THEREFORE, the parties agree as follows: 1.Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. 2.Term. The Term of the Original Agreement as set forth in Section 2 therein is from August 2, 2022 to June 30, 2023. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment shall extend the Term up to and including June 30, 2025. 3.Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services and the rates set forth in the pricing sheet entitled " Unarmed Security Officer Rates for City of Diamond Bar" set forth in Exhibit " A" attached to and incorporated in this Second Amendment. Payment will be made only after submission of proper invoices in the form specified by City. The total not-to-exceed compensation set forth in Section 3 of the Original Agreement, was the sum of sixty-seven thousand eight hundred dollars ($67,800.00). The First Amendment amended Section 3 of the Original Agreement increasing the compensation by eighty-nine thousand fifty dollars ($89,050.00) to provide for a total not-to-exceed compensation in the sum one hundred fifty-six thousand eight 5.6.a Packet Pg. 210 2 hundred fifty Dollars ($156,850.00). The total not-to-exceed compensation of the Agreement is hereby amended to provide for an increase of seventy-seven thousand eight hundred Dollars ($77,800.000) so that the total not-to-exceed compensation, as amended by this Second Amendment shall not exceed two hundred thirty-four thousand six hundred fifty Dollars ($234,650.00) without the prior authorization of the City. 4.Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all prior negotiations between the parties with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. IN WITNESS hereof, the parties enter into this Second Amendment on the year and day first above written. “CONTRACTOR” “CITY” ABSOLUTE INTERNATIONAL SECURITY, INC. CITY OF DIAMOND BAR *By:By: Printed Name: Dan Fox, City Manager Title: ATTEST: Kristina Santana, City Clerk APPROVED AS TO FORM: Omar Sandoval, City Attorney 5.6.a Packet Pg. 211 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 June 11, 2024 City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attn: Ms. Crystal Knox Re: Notice of Service Rate Adjustment Dear Ms. Knox, Thank you for choosing AIS for your security needs. We appreciate your business. Please accept this letter as a formal request for a service rate increase effective July 1, 2024 through June 30, 2025. Current Rate New Rate (Effective July 1, 2024) Regular Unarmed Officer $31.00/Hour $32.00/Hour Regular Unarmed Officer Overtime/Holiday Rate $46.50/Hour $48.00Hour Below are outlined reasons why the above adjustments must be made: The service rate aligns with the Consumer Price Index, which for January 2024, is 3.10%. The service rate increase serves to compensate for both the mandatory living/minimum wage requirements as well as to further stabilize the manpower needed to service your contract due to the nationwide labor shortage from the pandemic and current economic status. Please feel free to contact us to discuss any questions you may have. As always, we are here to help, and again, we appreciate the opportunity to serve you. Sincerely, Lisa Phan, Controller Absolute International Security 5.6.a Packet Pg. 212 5155 Irwindale Ave, Irwindale, CA 91706 Telephone: (626) 858-7188 Facsimile: (626) 858-2882 Toll Free: (866) 969-7188 State Minimum Wage LA City Minimum Wage Unincorporated Areas of Los Angeles County LA City Living Wage 1/1/16 $10.00 7/1/16 $10.50 7/1/16 $10.50 7/1/17 $12.73 1/1/17 $10.50 7/1/17 $12.00 7/1/17 $12.00 7/1/18 $13.05 1/1/18 $11.00 7/1/18 $13.25 7/1/18 $13.25 10/15/18 $14.50 1/1/19 $12.00 7/1/19 $14.25 7/1/19 $14.25 7/01/19 $15.50 1/1/20 $13.00 7/1/20 $15.00 7/1/20 $15.00 7/01/20 $16.25 1/1/21 $14.00 7/1/21 $15.00 7/1/21 $15.00 7/01/21 $16.25 1/1/22 $15.00 7/1/22 $16.04 7/1/22 $15.96 7/01/22 $17.29 1/1/23 $15.50 7/1/23 $16.78 7/1/23 $16.90 7/01/23 $18.03 1/1/24 $16.00 7/1/24 $17.28 7/1/24 $17.27 7/1/24 $18.53 5.6.a Packet Pg. 213 Agenda #: 5.7 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: PROFESSIONAL SERVICES AGREEMENT WITH TENNIS ANYONE, INC. FOR CONTRACTED TENNIS & YOUTH PICKLEBALL INSTRUCTION THROUGH JUNE 30, 2027. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Approve and authorize the City Manager to sign the Professional Services Agreement with Tennis Anyone, Inc. to provide contract tennis and youth pickleball instruction from July 16, 2024 through June 30, 2027. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement would be $130,000 for Fiscal Year 2024-2025 and sufficient funds are included in the Parks & Recreation Department budget to cover the cost of such services. All fees are collected directly from participants attending City sponsored classes and this agreement would generate approximately $55,000 in revenue for the City each fiscal year. BACKGROUND: Tennis Anyone has provided the City of Diamond Bar with quality tennis instruction since 2000. The most recent agreement was created in Fiscal Year 2020 -2021 and was extended for three (3) additional one (1) year terms, through June 30, 2024. A new RFP, dated June 20, 2024, was published on PlanetBids, closing July 1, 2024. One (1) response was returned, by Tennis Anyone, Inc., meeting the minimum qualifications of the RFP. ANALYSIS: On June 20, 2024 City staff published a Request for Proposal for Tennis and Youth Pickleball Instruction Services on PlanetBids. The bidding period closed on July 1, 2024 5.7 Packet Pg. 214 with one proposal received from Tennis Anyone, Inc. Hourly rates for youth tennis classes, youth tennis camps, and youth semi-private tennis classes ranged from $18.00 to $37.00, while adult tennis classes and semi-private classes were $34.00. Hourly rates for new tot and youth pickleball classes were $28.00. Based on the sole bid, references, company experience, and successful history with the City of Diamond Bar, Tennis Anyone, Inc. was determined to be the best overall contractor to provide the services for the City. Tennis Anyone, Inc. has the built -in staff which are available to meet the City’s Contract Class Program needs immediately. Head Coach and owner of Tennis Anyone, Inc., Bill Bush has been a USPTA certified teaching professional for over 20 years. His exceptional coaching experience and experienced management team best meet Diamond Bar’s unique Contract Class Program tennis and youth Pickleball needs. The Tennis Anyone, Inc. hourly rate is received from the participant and split between the Contractor and the City at a 70%/30% split. Staff believe the rates are appropriate for the level of service and availability of tennis and pickleball coaching required for large scale training. It is recommended the City Council approve a three agreement with Tennis Anyone, Inc. for the tennis and youth pickleball instruction services for the Fiscal Years 2024-2027, with the City’s option to extend the Agreement for two (2) additional one (1) year terms. Based on current enrollment estimates, approximately $130,000 of contract class funding will be allocated to Tennis Anyone, Inc for Fiscal Year 2024-2025. LEGAL REVIEW: The City Attorney has reviewed and approved the Agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.7.a Tennis Anyone Agreement 7.16.24 5.7 Packet Pg. 215 1 Professional Services – Non Design 1450836.1 TENNIS & YOUTH PICKLEBALL INSTRUCTION SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of July 16, 2024 by and between the City of Diamond Bar, a municipal corporation ("City") and Tennis Anyone, Inc., a California corporation ("Contractor"). 1. Contractor's Services. Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the Tennis & Youth Pickleball Instruction services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Monique Weeks, Recreation Coordinator (herein referred to as the “City’s Project Manager”), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City’s Project Manager and the City Manager 2. Term of Agreement . This Agreement shall take effect July 16, 2024, and shall continue until June 30, 2027 ("Term"), unless earlier terminated pursuant to the provisions herein. After completion of the first term year, the contractor can request a CPI adjustment and any increase in compensation will be negotiated between the City and the Contractor per fiscal year, but in no event shall the increase exceed the amount that the Consumer Price Index (" CPI") for the Los Angeles -Anaheim - Riverside metropolitan area for the month immediately preceding the Adjustment Date ( the " Index Month") as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. The City Manager shall have the option to extend this Agreement for two (2) additional one (1) year terms, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial Term . In the event the City exercises its option to extend the Term, Contractor 's compensation shall be subject to an adjustment upon the effective date of extension as follows: Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 216 2 Professional Services – Non Design 1450836.1 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed one hundred thirty thousand dollars per fiscal year ($130,000.00) without the prior written consent of the City . The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount invoiced the City will pay Contractor the amount properly invoiced within 35 days of receipt . D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefor e have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. As between the documents attached as Exhibit “A”, the following order of precedence shall apply: (a) This Agreement; (b) The City’s Request for Proposal, dated June 20, 2024, and (c) Contractor’s Proposal dated June 27, 2024. 7. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent , except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 217 3 Professional Services – Non Design 1450836.1 B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor , then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor 's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor ’s failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Contractor ’s employees or Contractor ’s contractor’s employees arising out of Contractor’s work under this Agreement; and Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 218 4 Professional Services – Non Design 1450836.1 (2) Any and all claims arising out of Contractor 's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys ' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees . It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third-party indemnification rights of any kind. (3) The Contractor's obligations to indemnify, defend and hold harmless the City shall survive termination of this Agreement. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, if any, with minimum combined single limits coverage of $1, 000, 000.00 (this provision is not applicable if Contractor certifies in writing that it does not own or hire automobiles); (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 219 5 Professional Services – Non Design 1450836.1 C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A -, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor . I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 220 6 Professional Services – Non Design 1450836.1 received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor 's prior written consent, use the same for other unrelated projects. 12. Reserved. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 14. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 15. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Contractor . The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 221 7 Professional Services – Non Design 1450836.1 provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 16. Personnel/Designated Person. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor 's services under this Agreement, but City reserves the right in its sole discretion to require Contractor to exclude any employee from performing services on City's premises. 17. Non-Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 18. Time of Completion. Contractor agrees to commence the work provided for in this Agreement within five (5) days of being notified by the City to proceed and to diligently prosecute completion of the work . 19. Reserved. 20. Reserved. 21. Reserved. 22. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 222 8 Professional Services – Non Design 1450836.1 Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 23. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 24. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 25. Reserved. 26. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein , shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 27. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONTRACTOR” “CITY” Tennis Anyone, Inc. City of Diamond Bar 15670 Portenza Drive 21810 Copley Drive Fontana, CA 92336 Diamond Bar , CA 91765-4178 Attn.: Bill Bush Attn.: Monique Weeks Phone: (909) 625-2060 Phone: (909) 839-7078 E-Mail: coachbill.tennispro@gmail.com E-mail: mweeks@diamondbarca.gov 28. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. The venue for any action brought under this Agreement shall be in Los Angeles County. Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 223 9 Professional Services – Non Design 1450836.1 29. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 30. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" TENNIS ANYONE, INC. CITY OF DIAMOND BAR By: By: Printed Name: Daniel Fox, City Manager Title: ATTEST: Approved as to form: Kristina Santana, City Clerk By: Omar Sandoval, City Attorney Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 224 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 225 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 226 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 227 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 228 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 229 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 230 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 231 Lessons for the Entire Family Winter 2025 Diamond Bar Class Schedule Coach Bill has been teaching tennis for the past 22 years and founded Tennis Anyone 15 years ago. He has a Bachelors degree is Psychology from the University of Azusa Pacific. Mr. Bush has been a USPTA cerƟfied teaching pro for the past 20 years. During his Ɵme on the profession‐ al tennis circuit he had a win over Jan Michael Gambil (ranked 14 in the world), As a player, Bill has trained with and played against: Pete Sampras, Michael Chang, John McEnroe and even lived with Andre Agassi for a Summer. He is the author of Ace Tennis Workbook. Currently Ten‐ nis Anyone runs tennis program for the ciƟes of; Diamond Bar, Chino Hills, Claremont, Brea, and Jurupa (Eastvale). All Tennis Anyone coaches have tournament level experience, are extremely Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 232 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: open Special equipment needed by instructor: NA Students Should Supply: Tennis Racket 1-day $149 + $10 Administrative Fee $10 Class Fee $159 Jan 7 Jan 30 Tues /Thurs 4:45-5:30 pm 3-6 Feb 4 Feb 27 “ “ “ Mar 4 Mar 27 “ “ “ Apr 1 Apr 29 Apr 24 May 22 “ “ “ Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 (public use ok) 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Pee Wee Tennis Lessons 4wks Is your young child tired of watching the big kids have all the tennis fun. Well now there’s a group just for the Pee Wees! This clinic is the perfect tennis intro. Students will learn the basics of the: forehand, backhand, volley, and serve in a coordination building, fitness friendly, fun, atmosphere. We believe that tennis will bring each of our stu- dents more fun, fitness, and friendships for a lifetime. A 20% discount for multi-day registration. The discount will automatically apply at checkout when an individual is registered for multiple days within the same session. No WIN/SPR 2025 JANUARY-MAY 2025 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 233 70% June 27th, 2024 NONE $10.00 1-day $149 + $10 Administrative Fee $10 Class Fee $159 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 234 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 16 per 5:30-6:30pm class & 8 per 7:40-8:40pm class Special equipment needed by instructor: NA Students Should Supply: Tennis Racket Jan 7 Jan 30 Tues, Wed, Thurs Tues & Thur 5:30-6:30 pm 7:40-8:40pm 7-13 Feb 4 Feb 27 “ “ Mar 4 Mar 27 Apr 1 Apr 29 Apr 24 May 22 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Jr Tennis Academy-Beginning to Inter 4wks The focus of the Jr. Tennis Academy-Beginning to Inter is on learning the 4 major strokes of the game in a dynamic, high ener- gy, fitness friendly, fun filled atmosphere. Students are tested to reach mastery on 3 different levels in this group. Beginners ages 14-17 should start in the Junior Tennis Academy-Intermediate to Advanced. A 20% discount for multi-day registra- tion. The discount will automatically apply at checkout when an individual is registered for multiple days within the same session. No multi-family or multi-session discount WIN/SPR 2025 JANUARY-MAY 2025 1-day $139 + $10 Administrative Fee $10 Class Fee $149 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 235 70% NONE June 27th, 2024 $10.00 1-day $139 + $10 Administrative Fee $10 Class Fee $149 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 236 Jan 7 Jan 30 Tue, Wed, Thur Tue, Thur 6:30-7:30pm 7:40-8:40pm 7-17 Feb 4 Feb 27 “ “ “ Mar 4 Mar 27 Apr 1 Apr 29 Apr 24 May 22 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 16 per 6:30-7:30pm class & 8 per 7:40-8:40pm class Special equipment needed by instructor: NA Students Should Supply: Tennis Racket Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Jr Tennis Academy-Inter to Advanced 4wks The Jr. Tennis Academy-Inter to Advanced group is for students that have attained all 3 mastery levels in the Beginning Acad- emy or are coming in with proper form on their ground strokes. This is a high energy, fitness challenging, tennis program de- signed to bring students to a level where they have the tools to start playing matches. Beginning students ages 14-17 should start in this group. A 20% discount for multi-day registration. The discount will automatically apply at checkout when an individual is registered for multiple days within the same session. No multi-family or multi-session dis- WIN/SPR 2025 JANUARY-MAY 2025 1-day $149 + $10 Administrative Fee $10 Class Fee $159 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 237 70% NONE June 27th, 2024 $10.00 1-day $149 + $10 Administrative Fee $10 Class Fee $159 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 238 Jan 8 Jan 29 Wed 7:30-8:30 pm 18+ Feb 5 Feb 26 “ Mar 5 Mar 26 Apr 2 Apr 30 Apr 23 May 21 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 12 Special equipment needed by instructor: NA 1-day $139 + $10 Administra-$10 Class Fee $149 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Adult Tennis Lessons-All Levels 4wks The Adult Tennis Lessons are for Adult players of all levels. Students are grouped with other players at similar levels. These lessons give the “big kids” an opportunity to work on improving their skills while getting a great work out and making new friends. Students will train on level appropriate skills from learning ground strokes to volleys and serves. Fun, Fitness, & Friendships Guaranteed!!! WIN/SPR 2025 JANUARY-MAY 2025 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 239 70% NONE 1-day $139 + $10 Administrative Fee $10 Class Fee $149 June 27th, 2024 $10.00 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 240 Jan 8 Jan 29 Tues 4:00-5:00pm 7-13 Feb 5 Feb 26 “ Mar 5 Mar 26 Apr 2 Apr 30 Apr 23 May 21 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 12 Special equipment needed by instructor: NA 1-day $109 + $10 Administra-$10 Class Fee $119 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Jr Pickleball Beg to Int 4wks So youÕve been hearing about this pickleball thing and youÕre ready to give it a shot. This clinic is the perfect pickleball intro for Jr students. Students will learn the ba- sics of the game, including the areas of the court as well as all 4 major strokes: forehand, WIN/SPR 2025 JANUARY-MAY 2025 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 241 70% NONE 1-day $109 + $10 Administrative Fee $10 Class Fee $119 June 27th, 2024 $10.00 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 242 Jan 8 Jan 29 Tues 5:00-6:00pm 7-17 Feb 5 Feb 26 “ Mar 5 Mar 26 Apr 2 Apr 30 Apr 23 May 21 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 12 Special equipment needed by instructor: NA 1-day $109 + $10 Administra-$10 Class Fee $119 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Jr Pickleball Int to Adv 4wks This group is perfect for young pickleball players that are already playing games and want to work to build their skill set into a more competitive level. Students will work on game strategy as well as utilizing spins and specialty shots. WIN/SPR 2025 JANUARY-MAY 2025 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 243 70% NONE 1-day $109 + $10 Administrative Fee $10 Class Fee $119 June 27th, 2024 $10.00 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 244 Jan 8 Jan 29 Tues 6:00-7:00pm 10-17 Feb 5 Feb 26 “ Mar 5 Mar 26 Apr 2 Apr 30 Apr 23 May 21 Material Fee (detailed description on reverse side): NONE Class Minimum: 1 Class Maximum: 12 Special equipment needed by instructor: NA 1-day $109 + $10 Administra-$10 Class Fee $119 Tennis Anyone 15670 Portenza Dr. Fontana CA, 92336 909-625-2060 / Questions@TennisAnyone.info www.TennisAnyone.info Office use only: CoachBill.Tennispro@gmail.com (909) 625-2060 Public Usage Ok 909 695-5130 rec use only Class Title Number of Weeks: Class Description Class Location Dates Classes not held because of Holiday or Vacation: None Ronald Reagan Park Jr Challenge Pickleball-Int to Adv 4wks ItÕs time to use all of those skills youÕve been honing in this competitive and challeng- ing format. Students will be playing liveball drills and games with the opportunity to compete to move up. ItÕs time to get pickled!!! WIN/SPR 2025 JANUARY-MAY 2025 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 245 70% NONE 1-day $109 + $10 Administrative Fee $10 Class Fee $119 June 27th, 2024 $10.00 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 246 City of Diamond Bar Bid Results for Project Tennis and Youth Pickleball Instruction Services 2024-2027 Issued on 06/20/2024 Bid Due on July 01, 2024 5:00 PM (PDT) Exported on 07/09/2024 Line Totals (Unit Price * Quantity) Item Num Section Item Code Description Reference 1 Section 1 Tot Tennis Classes Hourly Rate 2 Section 1 Youth Tennis Classes Hourly Rate 3 Section 1 Youth Tennis Camps Hourly Rate 4 Section 1 Youth Semi Private Tennis Hourly Rate 5 Section 1 Adult Tennis Classes Hourly Rate 6 Section 1 Adult Semi Private Tennis Hourly Rate 7 Section 1 Tot Pickleball Classes Hourly Rate 8 Section 1 Youth Pickleball Classes Hourly Rate Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 247 Unit of Measure Quantity Tennis Anyone Inc - Unit Price Tennis Anyone Inc - Line Total Hourly 1 $37.00 $37.00 Hourly 1 $34.00 $34.00 Hourly 1 $18.00 $18.00 Hourly 1 $37.00 $37.00 Hourly 1 $34.00 $34.00 Hourly 1 $34.00 $34.00 Hourly 1 $28.00 $28.00 Hourly 1 $28.00 $28.00 Subtotal $250.00 Total $250.00 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 248 Tennis Anyone Inc - Response Tennis Anyone Inc - Comment Yes Hourly rate drops with multi-day registration Yes Hourly rate drops with multi-day registration Yes Yes Hourly rate drops with multi-day registration Yes Hourly rate drops with multi-day registration Yes Hourly rate drops with multi-day registration Yes Hourly rate drops with multi-day registration Yes Hourly rate drops with multi-day registration Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 249 12/12/2023 ESP Insurance Brokerage, LLC 306 Main Street Worcester MA 01608 Lauren Quinn (877) 670-2377 lauren.kachadorian@espspecialty.com United States Professional Tennis Association Inc. 11961 Performance Drive Orlando FL 32827 Everest Indemnity Insurance Co.10851 Everest National Insurance Company 10120 CL2312630677 A Y SI8ML01641-231 12/31/2023 12/31/2024 1,000,000 1,000,000 0 1,000,000 2,000,000 1,000,000 B A SI8EX01038-231 12/31/2023 12/31/2024 5,000,000 5,000,000 USPTA Members are insured for General Liability for playing, teaching or officiating in tennis, pickleball and platform tennis or operating a tennis ball machine for practicing or teaching. Bill Bush #15347 City of Diamond Bar is included as additional insured with respects the general liability required by written contract. City of Diamond Bar 21810 Copley Drive Diamond CA 91765 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY SEXUAL ABUSE 1,000,000 Insured is covered for Sexual Abuse and Molestation for 1,000,000 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 250 POLICY NUMBER: SI8ML01641-231 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Name Of Additional Insured Person(s) Or Organization(s): City of Diamond Bar, it's officers, agents, employees, and volunteers 21825 Copley Drive Diamond CA 91765 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 251 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 252 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 253 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 254 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 255 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 256 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 257 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 258 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 259 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 260 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 261 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 262 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 263 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 264 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 265 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 266 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 267 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 268 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 269 Form Updated: 06/14/23 CONTRACT ROUTING FORM SECTION 1 – CONTRACT INFORMATION SECTION 2 – INSURANCE INFORMATION REQUIRED: Yes, as marked below No General Liability Additional Insured Endorsement Auto Liability Professional Liability (E&O) Cyber Liability Environmental Liability Excess/Umbrella Waiver of Subrogation Workers Comp Other: SECTION 3 – APPROVAL Department Head Name: Signature: Date: Contract Manager: Legal Vendor Name: Project Name: Amendment: ☐Yes, Amendment #____☐No Effective Date: Termination Date: Extension Options: Not-to-Exceed Amount: Is this amount Budgeted?: ☐Yes ☐No Account #: Exhibits: ☐“A” - Scope of Work/Compensation ☐“B” - Bid Information: ☐Bid Tabulation Sheet ☐ Bidding Exemptions (Sole Source/Emergency/Other) Approval Authority: ☐Department Head ☐City Manager ☐City Council Approval Date: ______ REMINDERS: Upon confirmation that certain insurance requirements do not apply, remove specified insurance language from contract before execution. Contract Manager is responsible for updating certificates for multi-year contracts. July 16, 2024 June 30, 2025 Monique Weeks Tennis Anyone, Inc. Professional Services Agreement - Tennis & Youth Pickleball Instruction Services The City Manager shall have the option to extend this agreement for up to two (2), one (1) year terms. $130,000.00 100520-55320 7/16/24 Docusign Envelope ID: AE5F5D0C-CC53-4453-B523-0B47C1A6015B 5.7.a Packet Pg. 270 Certificate Of Completion Envelope Id: AE5F5D0CCC534453B5230B47C1A6015B Status: Sent Subject: Complete with Docusign: Tennis & Youth Pickleball Agreement 24-25.pdf, Exhibit A.pdf, Exhibit A... Source Envelope: Document Pages: 55 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Crystal Knox AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 21825 Copley Dr Diamond Bar, CA 91765-4178 cknox@diamondbarca.gov IP Address: 47.176.65.100 Record Tracking Status: Original 7/9/2024 11:13:12 AM Holder: Crystal Knox cknox@diamondbarca.gov Location: DocuSign Signer Events Signature Timestamp William Bush coachbill.tennispro@gmail.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 166.199.97.84 Signed using mobile Sent: 7/9/2024 11:33:49 AM Viewed: 7/9/2024 12:54:18 PM Signed: 7/9/2024 12:55:05 PM Electronic Record and Signature Disclosure: Accepted: 7/9/2024 12:54:18 PM ID: b3ac12ae-3f27-457c-9bb4-742d051df80a Omar Sandoval osandoval@woodruff.law Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 34.208.136.214 Sent: 7/9/2024 12:55:07 PM Viewed: 7/9/2024 3:44:44 PM Signed: 7/9/2024 3:44:58 PM Electronic Record and Signature Disclosure: Accepted: 8/30/2023 9:27:38 AM ID: fa17dabd-c770-4ac7-ae93-2ad37854a23a Ryan Wright rwright@diamondbarca.gov Parks and Recreation Director City of Diamond Bar Security Level: Email, Account Authentication (None) Sent: 7/9/2024 3:45:01 PM Viewed: 7/9/2024 3:53:02 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Fox dfox@diamondbarca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kristina Santana ksantana@diamondbarca.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 5.7.a Packet Pg. 271 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/9/2024 11:33:50 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure 5.7.a Packet Pg. 272 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Diamond Bar (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. 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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 8/30/2023 9:00:10 AM Parties agreed to: William Bush, Omar Sandoval 5.7.a Packet Pg. 273 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: You can access and read this Electronic Record and Signature Disclosure; and You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and Until or unless you notify City of Diamond Bar as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by City of Diamond Bar during the course of your relationship with City of Diamond Bar. 5.7.a Packet Pg. 275 Agenda #: 5.8 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONSTRUCTION AGREEMENT WITH PTM GENERAL ENGINEERING SERVICES, INC. FOR THE INTERSECTION SAFETY IMPROVEMENTS PROJECT (CIP# TI24301) FUNDED UNDER THE STATE HIGHWAY SAFETY IMPROVEMENT PROGRAM. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that approving the proposed Project is exempt from the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines; B. Adopt Resolution No. 2024-28 approving the design plans and specifications for the Intersection Safety Improvements Project (CIP# TI24301); and C. Approve, and authorize the Mayor to sign, the Construction Agreement with PTM General Engineering Services, Inc., in the amount of $251,355, plus a contingency amount of $50,271 for Contract Change Orders, to be approved by the City Manager, for a total authorization amount of $301,626. FINANCIAL IMPACT: The FY 23/24 Capital Improvement Program (CIP) Budget included $336,500 for the Intersection Safety Improvements Project’s design and construction. The submitted bid, including a 20% contingency, ensures budget adherence and readiness for any unforeseen circumstances. The City receives State’s Highway Safety Improvement Program (HSIP) Funds on a reimbursement basis. As shown in the table below: 5.8 Packet Pg. 276 Intersection Safety Improvements Project (CIP #TI24301) Budget Encumbrance / Expenditures Balance HSIP Grant from the State $302,850 $302,850 Transportation Development Act (TDA); the City’s local match $33,650 $336,500 Design Service (provided by Fehr & Peers, on-call) $33,600 $302,900 Construction Cost (PTM General Engineering Services, Inc.) $251,355 $51,545 Construction Contingency (20%) $50,271 $1,274 Project Balance $1,274 The $50,271 contingency allocated for the construction agreement with PTM General Engineering Services, Inc. will only be utilized if unforeseen circumstances necessitate a contract change order. If unused, this amount will be returned to the respective fund balance upon project completion. BACKGROUND/DISCUSSION: Using a separate grant funding from the State, the City developed a Local Roadway Safety Plan (LRSP) in compliance with Federal regulations outlined by the State of California. The LRSP serves as a local counterpart to the State's Strategic Highway Safety Plan (SHSP), targeting specific safety requirements within our locality. It comprises a prioritized list of enhancements and strategies aligned with both local needs and the broader statewide safety blueprint. Recognizing the availability of grant opportunities, notably the HSIP Cycle 11 Grant, which required an LRSP, staff formulated a comprehensive project blueprint that met all grant prerequisites. After approval of the award of the grant in the amount of $302,850 (with the City matched amount of $33,650), the Department of Transportation (DOT) allocated $27,540 in State funds for the Preliminary Engineering (PE) phase/design phase, effective October 1, 2023. This was followed by the approval of an Administering Agency-State Agreement accepting the PE per State requirements at the January 16, 2024 Council meeting, with final approvals from DOT received in February 2024. The Project proposes improvements at nine (9) signalized intersections (see attached Vicinity Map). The original engineer’s estimate of the Project was $150,000. Therefore, the Public Works Director/City Engineer was authorized to approve the plans and specifications, not requiring Council action. The Project was advertised for bids on PlanetBids on May 14, 2024, with a bid opening scheduled for May 29, 2024. However, no bids were received. Staff then reached out to several potential contractors who had expressed interest in bidding. Upon follow-ups with the contractors, it was found that some contractors decided not to bid, citing ongoing commitments that prevented their participation. Staff consulted with the City Attorney regarding the possibility of 5.8 Packet Pg. 277 negotiating a contract with a contractor without further bidding. The City Attorney confirmed that this approach is permissible under State Law and our Municipal Code Section 3.25.050 (f). Staff reached out to PTM General Engineering Services, Inc. (PTM), who has previous experience working with Diamond Bar’s traffic improvement projects, and requested a bid proposal. Upon receiving the negotiated bid from the contractor, our team reviewed the bid items alongside the design consultant. Following careful consideration, the consultant confirmed that the bid unit prices were reasonable, particularly given the rising costs of materials and labor. The final negotiated contract amount of $251,355 was agreed upon. This new proposal requires Council action on both the approval of plans and specifications, and the approval and award of the construction agreement . Staff verified PTM's contractor state license and confirmed its validity. Additionally, references were checked, and outstanding feedback was received regarding their previous work with other cities and agencies, including the City of Monterey Park and Caltrans District #12 and District #8. Upon issuance of the Notice to Proceed, PTM will carry out all the required work within a timeframe of thirty (30) working days, pending equipment procurement lead times. The project schedule is tentatively set as follows: Award of Contract: July 2024 Start of Construction: August 2024 Completion of Construction: September 2024 (pending equipment procurement lead times) 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 Agreement as to form. PREPARED BY: 5.8 Packet Pg. 278 REVIEWED BY: Attachments: 1. 5.8.a Resolution No. 2024-28 2. 5.8.b PTM Construction Agreement 3. 5.8.c Plans & Specifications 4. 5.8.d HSIP - Vicinity Map 5.8 Packet Pg. 279 RESOLUTION NO. 2024-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE PLANS AND SPECIFICATIONS FOR THE INTERSECTION SAFETY IMPROVEMENT PROJECT PURSUANT TO GOVERNMENT CODE SECTION 830.6. WHEREAS, plans and specifications have been prepared for the Intersection Safety Improvement Project; and 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 Fehr & Peers (“Consultant”) as the engineer to design and prepare the plans for the Intersection Safety Improvement Project; B. The City Council's approval of the Plans and Specifications for the Project is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15301(c), Existing Facilities ; C. The Consultant informed the City Engineer that these plans are complete and that construction of the Project may begin; D. The City Engineer reviewed the completed design and plans for the Project and agrees with the Consultant that the plans are complete and consistent with the City’s standards, and the Project 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. SECTION 2: Design Immunity; Authorization. A. The design and plans for the Project 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 Project construction commenced. C. The approval granted by this Resolution conforms with the City’s General Plan. 5.8.a Packet Pg. 280 Resolution No. 2024-28 2 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 16th day of July, 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 duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on 16th day of July, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 5.8.a Packet Pg. 281 5.8.b Packet Pg. 282 5.8.b Packet Pg. 283 5.8.b Packet Pg. 284 5.8.b Packet Pg. 285 5.8.b Packet Pg. 286 5.8.b Packet Pg. 287 5.8.b Packet Pg. 288 5.8.b Packet Pg. 289 5.8.b Packet Pg. 290 5.8.b Packet Pg. 291 5.8.b Packet Pg. 292 5.8.b Packet Pg. 293 5.8.b Packet Pg. 294 5.8.b Packet Pg. 295 5.8.b Packet Pg. 296 5.8.b Packet Pg. 297 5.8.b Packet Pg. 298 5.8.b Packet Pg. 299 5.8.b Packet Pg. 300 5.8.b Packet Pg. 301 5.8.b Packet Pg. 302 5.8.b Packet Pg. 303 5.8.b Packet Pg. 304 5.8.b Packet Pg. 305 5.8.b Packet Pg. 306 5.8.b Packet Pg. 307 5.8.b Packet Pg. 308 5.8.b Packet Pg. 309 5.8.b Packet Pg. 310 5.8.b Packet Pg. 311 5.8.b Packet Pg. 312 5.8.b Packet Pg. 313 5.8.b Packet Pg. 314 5.8.b Packet Pg. 315 5.8.b Packet Pg. 316 5.8.b Packet Pg. 317 5.8.b Packet Pg. 318 5.8.b Packet Pg. 319 5.8.b Packet Pg. 320 5.8.b Packet Pg. 321 5.8.b Packet Pg. 322 5.8.b Packet Pg. 323 5.8.b Packet Pg. 324 5.8.b Packet Pg. 325 5.8.b Packet Pg. 326 5.8.b Packet Pg. 327 5.8.b Packet Pg. 328 5.8.b Packet Pg. 329 5.8.b Packet Pg. 330 5.8.b Packet Pg. 331 5.8.b Packet Pg. 332 5.8.b Packet Pg. 333 5.8.b Packet Pg. 334 5.8.b Packet Pg. 335 5.8.b Packet Pg. 336 5.8.b Packet Pg. 337 5.8.b Packet Pg. 338 5.8.b Packet Pg. 339 5.8.b Packet Pg. 340 5.8.b Packet Pg. 341 5.8.b Packet Pg. 342 5.8.b Packet Pg. 343 5.8.b Packet Pg. 344 DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR INTERSECTION SAFETY IMPROVEMENTS PROJECT CIP PROJECT NO. TI24301 All Questions Regarding This Project Are to Be Directed To: Christian Malpica Associate Engineer City of Diamond Bar (909) 839-7042 Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Council Member Ruth M. Lou, Council Member Steve Tye, Council Member Daniel Fox, City Manager May 2024 5.8.c Packet Pg. 345 RMRAMeasure MR Local ReturnGas Tax eet Rehab.- Area 1a, 1b, 2 (Design)n)ntain Laurel) anyon to Lemon) to BCY)82,779$ 82,779$ om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$ eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $ en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$ mp Project (Const.)177,855$ nt Projects4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $ 250-5510-46412)Project DescriptionTotal FY Budget(109) Measure M(111)Gas Tax (112) Prop A(113) Prop C Sign and HSL Replacement (Design)50,000$ 50,000$ Sign and HSL Replacement (Construction)350,000$ 350,000$ al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $ 780,000$ 350,000$ 140,000$ 100,000$ 190,0 $ ments (250-5510-46413) Project DescriptionTotal FY Budget(113) Prop CFoothill Transit Grant60,000$ 60,000$ SD/Calbourne 40,000$ 40,000$ nfrastructure Improvements100,000$ 60,000$ 40,000$ 0-5510-46420) Project DescriptionTotal FY Budget(107) Measure W(108)RMRA(109) Measure M (113) Prop Covements-Phase 3 (Flapjack-Design)65,000$ 65,000$ 5/13/20245.8.cPacket Pg. 346 ! ! !! ! ! ! ! ! !! ·142 ·71 ·60 ·57 !"10 Golden SpringsDr & Carpio Dr Grand Ave &Summitridge Ave DiamondBar Blvd &Grand AveGolden Springs Dr& Brea Canyon Rd Diamond Bar Blvd& Pathfinder Rd Diamond Bar Walnut Chino Hills Diamond BarBlvd & BreaCanyon Rd Diamond BarBlvd & GoldenSprings Dr Diamond BarBlvd & SunsetCrossing Rd Fern Hollow Dr& Pathfinder Rd Vicinity Map Exhibit 1 0 0.9 1.80.45 Miles Study Intersections City Boundary City of Diamond Bar Los Angeles County Caltrans District 7 ·210 ·142 ·60 ·72 ·71 ·66 ·57 ·91 ·39 ·83 ·90 %&605 !"5 !"10 Los Angeles County San Bernardino County Orange County 5.8.d Packet Pg. 347 D i am o n d B a r B l v dGolden Springs DrS02Install Nearside Supplemental VehicleSignal S18PBRestripe Existing Yellow CrosswalkEdgeline Page 1 Proejct Concept Layouts Diamond Bar Boulevard and Golden Springs Drive Location 200 ft250’ Radius Inuence A re a 5.8.d Packet Pg. 348 Diamond Bar BlvdSunset Crossing R d S02Install Nearside Supplemental VehicleSignal S18PBConvert Existing Crosswalk to High Visibility Crosswalk Page 2Diamond Bar Boulevard and Sunset Crossing Road Location 200 ft Project Concept Layouts 250’ Radius Inuence Area5.8.d Packet Pg. 349 Grand A v e Diamond Bar BlvdS17PBInstall pedestrian countdown signal heads with Accessible Pedestrian Signal (APS) Project Concept Layouts Page 3Diamond Bar Boulevard and Grand Avenue Location 200 ft2 50’ R a d iu s In u e n c e A rea 5.8.d Packet Pg. 350 Diamond Bar BlvdProject Concept Layouts Page 4Diamond Bar Boulevard and Pathfinder Road Location 300 ft S17PBInstall pedestrian countdown signal heads with Accessible Pedestrian Signal (APS) Pathfi n d e r R d 250’ Radius Inuence Area5.8.d Packet Pg. 351 Page 5Diamond Bar Boulevard and Brea Canyon Road Location 300 ft Project Concept Layouts S17PBInstall pedestrian countdown signal heads with Accessible Pedestrian Signal (APS)Brea CanyonBlvdDia m o n d B a r B lv d I n u ence Area 5.8.d Packet Pg. 352 Golden Springs Dr B r e a C a n y o n R d S02Install Nearside Supplemental Vehicle Signal S18PBConvert Existing Crosswalk to High Visibility Crosswalk S17PBInstall pedestrian countdown signal heads with Accessible Pedestrian Signal (APS) Page 6Golden Springs Drive and Brea Canyon RoadLocation 300 ft Project Concept Layouts 2 5 0 ’ R a d i u s I n uence Area 5.8.d Packet Pg. 353 Car p i o D r Golden Springs DrS17PBInstall pedestrian countdown signal heads with Accessible Pedestrian Signal (APS) Project Concept Layouts Page 7Golden Springs Drive and Carpio Drive Location 200 ft 250’ Radius In uence A r e a 5.8.d Packet Pg. 354 Grand Ave Summi tb r idge D r S02Install Nearside Supplemental VehicleSignal S18PBConvert Existing Crosswalk to High Visibility Crosswalk Page 8Grand Avenue and Summitridge Drive Location 200 ft Project Concept Layouts 250’ Radius Inuence Area5.8.d Packet Pg. 355 Pathfinder Rd S02Install Nearside Supplemental Signal S18PBConvert Existing Crosswalk to High Visibility Crosswalk Brea Canyon RdBrea Canyon Road and Pathfinder Road Location 200 ft250’ Radius Inuence AreaProject Concept Layouts Figure 9 5.8.d Packet Pg. 356 Agenda #: 6.1 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2024/25. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-29 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2024/25. FINANCIAL SUMMARY: The assessments generated by this District in the amount of $276,780 and $308,477 of the General Fund contributions are included for the operation and maintenance costs in the Fiscal Year 2024/25 Budget Special Fund No. 238. BACKGROUND/DISCUSSION: As part of the assessment district updates, the City must undergo a three -step process. This is the final part of the process, where the City Council conducts a public hearing on the District’s proposed annual assessments, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Propositio n 218, Article 10 XIIID of the California Constitution. On April 2, 2024, the City Council adopted Resolution No. 2024 -09, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of improvements in Landscaping Assessment District No. 38 (District) and any 6.1 Packet Pg. 357 assessment thereon for Fiscal Year 2024/25. On June 18, 2024, the City Council adopted Resolution No. 2024 -23, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting. The attached Engineer’s Report for the City’s Landscaping Assessment District Number 38 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 18,452 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2023/24 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2024/25 is to remain at $15.00 per parcel. The assessments will be utilized to maintain the City’s medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a Resolution No. 2024-29 (LAD 38) 2. 6.1.b LLAD 38 Engineer's Final Report for FY2024-25 6.1 Packet Pg. 358 RESOLUTION NO. 2024-29 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2024-25. WHEREAS, by its Resolution No. 2024-23, this Council approved a report of the Engineer of Work related to City of Diamond Bar Landscape Assessment District No. 38 (“District”) prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the Califor nia Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for Fiscal Year 2024 -25. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A”; WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California on July 16, 2024, and was concluded prior to the adoption of this Resolution; 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 Recitals of this Resolution are in all respects true and correct. Section 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2024-25 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. Section 5. The assessment diagram contained in the report referred to 6.1.a Packet Pg. 359 Resolution No. 2024-29 2 hereinabove and the assessment of $15.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2024-25 fiscal year. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for Fiscal Year 2024-25. Section 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2024 -25 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Landscape Assessment District No. 38. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th day of July 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor 6.1.a Packet Pg. 360 Resolution No. 2024-29 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 the 16th day of July 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 361 Resolution No. 2024-29 4 Exhibit “A” 6.1.a Packet Pg. 362 Fiscal Year 2024-25 ENGINEER’S REPORT City of Diamond Bar Landscaping Assessment District No. 38 July 2024 Final Report Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution 6.1.b Packet Pg. 363 CITY OF DIAMOND BAR PAGE ii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP C ity of Diamond Bar City Council Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember City Manager Dan Fox P ublic Works Director David Liu City Attorney Omar Sandoval Engineer of Work Edric Kwan, P.E. SCI Consulting Group 6.1.b Packet Pg. 364 CITY OF DIAMOND BAR PAGE iii LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP (This Page Intentionally Left Blank) 6.1.b Packet Pg. 365 CITY OF DIAMOND BAR PAGE iv LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Table of Contents Introduction .................................................................................................... 6 Overview ...................................................................................................................... 6 Engineer’s Report and Continuation of Assessments .................................................. 6 Legislative Analysis ....................................................................................................... 7 Plans & Specifications ................................................................................... 10 Fiscal Year 2024-25 Estimate of Cost and Budget ........................................... 13 Budget for Fiscal Year 2024-25 ................................................................................... 13 Method of Assessment Apportionment ......................................................... 14 Method of Apportionment ......................................................................................... 14 Discussion of Benefit .................................................................................................. 14 Special Benefit ............................................................................................................ 16 General Versus Special Benefit .................................................................................. 17 Benefit Finding ........................................................................................................... 18 Method of Apportionment ......................................................................................... 22 Annual Assessment Calculation.................................................................................. 23 Duration of Assessment ............................................................................................. 23 Appeals of Assessments Levied to Property .............................................................. 23 Assessment Funds Must Be Expended Within the District Area ................................ 24 Assessment ................................................................................................... 25 Assessment Diagram ..................................................................................... 27 Assessment Roll ............................................................................................ 29 6.1.b Packet Pg. 366 CITY OF DIAMOND BAR PAGE v LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP List of Tables Table 1: FY 2024-25 Estimate of Costs .............................................................................. 13 Table 2: FY 2024-25 Summary Cost Estimate ................................................................... 25 6.1.b Packet Pg. 367 CITY OF DIAMOND BAR PAGE 6 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Introduction Overview The City of Diamond Bar (the “City”) services and maintains perimeter and median landscaping, and other improvements (“Improvements”) to various parts of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 38 (“District”) was formed in 1984 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the 2024-25 assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”). Engineer’s Report and Continuation of Assessments The assessments have been continued for over 35 years. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice. 6.1.b Packet Pg. 368 CITY OF DIAMOND BAR PAGE 7 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2024-25. Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District. To maintain an accurate reference and legally defensible record of the District, pertinent language used in previous engineer’s reports has been retained herein and is cited in italics as appropriate. Legislative Analysis Proposition 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found: Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Improvement District The assessment paid by property should be proportional to the special benefits it receives from the Improvements This Engineer’s Report and the process used to establish the continuation of the assessments for fiscal year 2024-25 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors: 6.1.b Packet Pg. 369 CITY OF DIAMOND BAR PAGE 8 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP 1. The District is drawn to include the entire City; although only parcels deriving special benefits are included in the assessment rolls. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is expended only on the Improvements in the District. 2. The Improvements which are constructed and maintained with assessment proceeds in the District are located in close proximity to the real property subject to the assessment. The Improvements provide landscaping and other services to the residents of such assessed property. The proximity of the Improvements to the assessed parcels provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision. 3. Due to their proximity to the assessed parcels, the Improvements financed with assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the City derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general increase in property values. 4. The assessments paid in the District are proportional to the special benefit that each parcel within that Assessment District receives from the Improvements because: a. The specific landscaping Improvements and maintenance and utility costs thereof in the District are specified in this Report; and b. Such Improvement and maintenance costs in the District are allocated among different types of property located within the District, and equally among those properties which have similar characteristics, such as single-family residential parcels, multi-family residential parcels, commercial parcels, industrial parcels, etc. Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. 6.1.b Packet Pg. 370 CITY OF DIAMOND BAR PAGE 9 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. Compliance with Current Law This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 6.1.b Packet Pg. 371 CITY OF DIAMOND BAR PAGE 10 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Plans & Specifications The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 38, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as follows: Medians The landscaped islands to be maintained by the District are located as follows: Diamond Bar Blvd Grand Ave Golden Springs Dr – 57 freeway overcrossing to West City Limits Golden Prados Dr – Golden Springs Dr to Hopi St Tin Dr – Great Bend Dr to Diamond Bar Blvd Lemon Ave – Lycoming St to Golden Springs Dr Sunset Crossing Rd – 57 freeway off-ramp to Prospectors Rd Prospectors Rd – at Dry Creek Rd; at Palo Cedro Dr; and at Beaverhead Dr Pathfinder Rd at Brea Canyon Rd (east of 57 freeway) Parkways The landscaped parkways to be maintained by the District are located as follows: Grand Ave – Summit Ridge to Diamond Bar Blvd, north side Temple Ave – Diamond Bar Blvd to Golden Springs Dr, south side Golden Springs Dr – Ballena Dr to End of cul-de-sac Golden Springs Dr – El Encino Dr to Platina Dr Golden Springs Dr – Rancheria Rd to end of cul-de-sac 6.1.b Packet Pg. 372 CITY OF DIAMOND BAR PAGE 11 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Diamond Bar Blvd – Mountain Laurel Way to Maple Hill Rd Pathfinder Rd – Evergreen Springs Dr to end of cul-de-sac Brea Canyon Rd – at Gerndal St Golden Springs Dr – at Adel Ave Brea Canyon Rd – South of Pathfinder Rd to southerly City Limits, both sides Sunset Crossing Rd – Big Falls Dr to Chapparal Dr Turf Areas The landscaped turf areas to be maintained by the District are located as follows: Diamond Bar Blvd – at Gold Rush Dr Grand Ave (east side) – from south of Rolling Knoll Dr to driveway at the Diamond Bar Center Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, lighting, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage and lights. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. “Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 6.1.b Packet Pg. 373 CITY OF DIAMOND BAR PAGE 12 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. 6.1.b Packet Pg. 374 CITY OF DIAMOND BAR PAGE 13 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Fiscal Year 2024-25 Estimate of Cost and Budget Budget for Fiscal Year 2024-25 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below. Table 1: FY 2024-25 Estimate of Costs A. The Act requires proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. Expenditure Item Salaries & Benefits (subsidized by General Fund)50,557$ Operating Expenses Advertising 3,000$ Utilities 160,500$ Maintenance of Grounds/Buildings 50,000$ Professional Services 7,000$ Contract Services Landscape Maintenance 230,500$ Trees Maintenance 83,700$ Estimated Expenditures 585,257$ Revenue Item Direct Benefit Assessments 276,780$ Fund Balance Reserves -$ General Fund Contribution 308,477$ Estimated Revenues 585,257$ Budget Allocation to Parcels Total Assessment BudgetA 276,780$ Total Assessable Parcels 18,452$ Assessment per Parcel 15$ LANDSCAPING ASSESSMENT DISTRICT NO. 38 FY 2024-25 6.1.b Packet Pg. 375 CITY OF DIAMOND BAR PAGE 14 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Method of Assessment Apportionment Method of Apportionment This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. Discussion of Benefit In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." 6.1.b Packet Pg. 376 CITY OF DIAMOND BAR PAGE 15 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Access to Improved landscaped areas and Other Public Improvements within the District. C. Improved Views within the District. D. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: ♦ Proximity ♦ Expanded or Improved Access ♦ Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services. 6.1.b Packet Pg. 377 CITY OF DIAMOND BAR PAGE 16 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Special Benefit The District was formed by a different engineer of record. From the original Engineer’s Report, the primary special benefits on landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits.1 In addition, SCI assessment engineers have identified the following special benefits: Proximity to Improved L andscaped A reas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. Access to I mproved L andscaped A reas within the District Since the parcels in the District are nearly the only parcels that enjoy close access to the Improvements, they directly benefit from the unique close access to improved landscaping areas and other public improvements that are provided by the Assessments. This is a direct advantage and special benefit to property in the District. 1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 6.1.b Packet Pg. 378 CITY OF DIAMOND BAR PAGE 17 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Improved V iews within the Assessment Districts The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties within C lose P roximity to the Improvements In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit = General Benefit + Special Benefit 6.1.b Packet Pg. 379 CITY OF DIAMOND BAR PAGE 18 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the Assessment District + Benefit to Real Property Inside the Assessment District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. Benefit Finding Quantification of General Benefit In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. 6.1.b Packet Pg. 380 CITY OF DIAMOND BAR PAGE 19 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Benefit to Property Outside the Assessment Districts Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since the properties outside the District but with frontage abutting the Improvements cannot be assessed by the District, this is a form of general benefit to other property. The primary way that parcels outside the district benefit by the Improvements is from views. Therefore, parcels that abut the landscape areas and are not separated from the Improvements by a privacy fence are counted for this general benefit. Since very few of the Improvements lie at the District boundary near occupied parcels, there are very few parcels in this category. The general benefit to property outside of the District is calculated as follows. Benefit to Property Inside the Assessment Districts that is Indirect and Derivative The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. 18 Parcels Outside District 18,422 Parcels In the District 18 18 +18,422 =0.10% Calculation: Assumptions: General Benefit to Property Ouside the District 6.1.b Packet Pg. 381 CITY OF DIAMOND BAR PAGE 20 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 4.43% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. Benefit To The Public At Large The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same way as park improvements – and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy landscaping in the same way as they may visit a park. One way to measure the special benefit to the general public is by the vehicle trips through an area with Improvements by people who are not residents within the District. Of the four ways benefits are conferred (proximity, access, views, extension of a property’s green space, and creation of lots), the only benefit that is conferred by way of pass-by vehicle trips is views, which accounts for 25% of the total benefits. This is further reduced to 10% due the brevity of the views and because views are less critically important and are enjoyed much less often to the average non-resident driver than to a resident. Specific data is not available for the number of vehicle trips by non-residents of the District past the Improvements, which lie mostly on arterial roadways. A conservative estimate of vehicle trips by non-residents is 50% of all vehicle trips. Therefore (50% of 10% =) 5.00% of the benefits from the other Improvements are general benefits to the public at large. Total General Benefits Using a sum of these three measures of general benefit, we find that approximately 9.53% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. 6.1.b Packet Pg. 382 CITY OF DIAMOND BAR PAGE 21 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Outside the District Inside the District Public At Large Total General Benefit Landscaping General Benefit Calculation 0.10% 4.43% 5.00% 9.53% Although this analysis finds that 9.53% of the assessment may provide general benefits from the Improvements, the Assessment Engineer establishes a requirement for a minimum contribution from sources other than the assessments of 10%. This minimum contribution above the measure of general benefits will serve to provide additional coverage for any other general benefits. Current General Benefit Contribution from the City This general benefit cannot be funded from the Assessments; it must be funded from other sources such as the City’s General Fund or other non-District funds. These contributions can also be in the form of in-lieu contributions to the installation and maintenance of the Improvements such as other City assets that support and protect the Improvements. The City of Diamond Bar will contribute both monetary and in-lieu resources to ensure that the general benefits conferred by the proposed Improvements are not funded by the District’s Assessments. A summary and quantification of these other contributions from the City is discussed below: The City of Diamond Bar owns, maintains, rehabilitates and replaces curb and gutter along the border of the District Improvements. This curb and gutter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City towards general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 5%. The City owns and maintains a storm drainage system along the border of the District Improvements. This system serves to prevent flooding and associated damage to the Improvements, and manage urban runoff including local pollutants loading from the Improvements. The contribution from the City towards general benefit from the maintenance, and operation of the local storm drainage system is conservatively estimated to be 5%. 6.1.b Packet Pg. 383 CITY OF DIAMOND BAR PAGE 22 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP The City owns and maintains local public streets along the border of the District Improvements. These public streets provide access to the Improvements for its enjoyment as well as efficient maintenance. The contribution from the City towards general benefit from the maintenance of local public streets is conservatively estimated to be 5%. The value of the construction of the improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by non-assessment funds, this “annuity” can be used to offset general benefit costs and is conservatively estimated to contribute 10%. The total General Benefit is liberally quantified at 10% which is entirely offset by the conservatively quantified total non-assessment contribution towards general benefit described above of 25%. Therefore, no additional General Benefit must be funded by the City. Method of Apportionment The development of an Assessment methodology requires apportioning to determine the relative special benefit for each property. As the District was formed by a different engineer of record, the precise language from the most recent Engineer’s Report is included below: The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the Improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits on landscaping are set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. 6.1.b Packet Pg. 384 CITY OF DIAMOND BAR PAGE 23 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP The existing land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment.2 A nnual Assessment Calculation For fiscal year 2024-25 the amount of Assessments for the District is not increased from prior years. The assessment per parcel is $15. Duration of Assessment The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. Appeals of Assessments Levied to Property Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then- current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond Bar, dated June 3, 2014 6.1.b Packet Pg. 385 CITY OF DIAMOND BAR PAGE 24 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. 6.1.b Packet Pg. 386 CITY OF DIAMOND BAR PAGE 25 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Assessment WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2024-25 is generally as follows: Table 2: FY 2024-25 Summary Cost Estimate As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Salaries & Benefits 50,557$ Operating Expenses & Services 534,700$ Total for Services 585,257$ Less General Fund Contribution (308,477)$ Net Amount to Assessments 276,780$ CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 6.1.b Packet Pg. 387 CITY OF DIAMOND BAR PAGE 26 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2024-25. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel or lot of land within the District. Dated: July 16, 2024 Engineer of Work By Edric W. H. Kwan, P.E. License No. C062829 6.1.b Packet Pg. 388 CITY OF DIAMOND BAR PAGE 27 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Assessment Diagram The District boundary is conterminous with the City Limits. The parcels to be assessed in Landscaping Assessment District No. 38 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report. 6.1.b Packet Pg. 389 CITY OF DIAMOND BAR PAGE 28 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP 6.1.b Packet Pg. 390 CITY OF DIAMOND BAR PAGE 29 LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38 ENGINEER’S REPORT, FISCAL YEAR 2024-25 BY SCICONSULTINGGROUP Page 29 Assessment Roll An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 6.1.b Packet Pg. 391 Agenda #: 6.2 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022 FOR FISCAL YEAR 2024/25. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-30 to levy and collect assessments for Landscape Assessment District No. 39-2022 for Fiscal Year 2024/25. FINANCIAL SUMMARY: The assessments generated by this District in the amount of $665,215, and $31,249 of General Fund Contribution (6.62% General Benefit), with a $447,097 Fund Balance Carryover, are included for the operation and maintenance costs in the Fiscal Year 2024/25 Budget Special Fund No. 239. BACKGROUND/DISCUSSION: As part of the assessment district updates, the City must undergo a three -step process. This is the final part of the process where the City Council conducts a public hearing on the District’s proposed annual assessment, after which the Council will consider the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution. On April 2, 2024, the City Council adopted Resolution No. 2024 -10, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of 6.2 Packet Pg. 392 improvements in Landscaping Assessment District No. 39-2022 (District) and any assessment thereon for Fiscal Year 2024/25. On June 18, 2024, the City Council adopted Resolution No. 2024 -24, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting. The attached Engineer’s Report for the City’s Landscaping Assessment District Number 39-2022 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,246 parcels. The Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within the District. Said estimated cost results in a proposed Single - Family Equivalent (“SFE”) assessment rate of $547.82 for Zone A, $534.12 for Zone B, and $506.73 for Zone C for Fiscal Year 2024/25. Said proposed assessments include an authorized annual increase equal to the change in the Los Angeles -Riverside- Orange County Consumer Price Index (“CPI”) per year without further vote or ballot proceeding. The annual CPI from December 2022 to December 2023 was 3.47%. The assessments will be utilized for the general maintenance of slopes, open space areas, and the five (5) mini parks within the District. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 6.2 Packet Pg. 393 1. 6.2.a Resolution No. 2024-30 (LAD 39-2022) 2. 6.2.b LLAD 39 Engineer's Final Report for FY2024-25 6.2 Packet Pg. 394 RESOLUTION NO. 2024-30 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39-2022 FOR THE FISCAL YEAR 2024-25. WHEREAS, by its Resolution No. 2024-24, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 39 -2022 (“District”) prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of th e California Streets and Highways Code (commencing with Section 22500 thereof), which described the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2024 -25. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A"; WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on July 16, 2024, and was concluded prior to the adoption of this Resolution; 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 Recitals of this Resolution are in all respects true and correct. Section 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2024-25 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. Section 5. The assessment diagram contained in the report referred to 6.2.a Packet Pg. 395 Resolution No. 2024-30 2 hereinabove and for each assessable lot located within said District the Single -Family Equivalent (“SFE”) assessment rate of $547.82 for Zone A, $534.12 for Zone B, and $506.73 for Zone C are hereby adopted and confirmed and said assessment hereby is levied for the 2024-25 fiscal year. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2024-25. Section 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2024 -25 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39-2022. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th day of July 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor 6.2.a Packet Pg. 396 Resolution No. 2024-30 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 the 16th day of July 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 6.2.a Packet Pg. 397 Resolution No. 2024-30 4 Exhibit “A” 6.2.a Packet Pg. 398 Fiscal Year 2024-25 ENGINEER’S REPORT City of Diamond Bar Landscaping Assessment District No. 39-2022 July 2024 Final Report Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution 6.2.b Packet Pg. 399 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page i (This Page Intentionally Left Blank) 6.2.b Packet Pg. 400 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page ii C ity of Diamond Bar City Council Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember City Staff Dan Fox, City Manager David Liu, Public Works Director / City Engineer Hall Ghafari, Public Works Manager City Attorney Omar Sandoval Engineer of Work Edric Kwan, P.E., SCI Consulting Group 6.2.b Packet Pg. 401 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page iii (This Page Intentionally Left Blank) 6.2.b Packet Pg. 402 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page iv Table of Contents Introduction .................................................................................................... 1 Overview ...................................................................................................................... 1 Engineer’s Report and Continuation of Assessments .................................................. 2 Legislative Analysis ....................................................................................................... 2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2024-25 ..................................................................................... 7 Method of Assessment Apportionment ........................................................... 9 Method of Apportionment ........................................................................................... 9 Discussion of Benefit .................................................................................................... 9 Special Benefit ............................................................................................................ 11 General Versus Special Benefit .................................................................................. 13 Benefit Finding ........................................................................................................... 14 Zones of Benefit ......................................................................................................... 17 Method of Apportionment ......................................................................................... 20 Residential Properties ................................................................................................ 20 Vacant/Undeveloped Properties ................................................................................ 20 Other Property Types ................................................................................................. 21 Annual Cost Indexing .................................................................................................. 22 Duration of Assessment ............................................................................................. 22 Appeals of Assessments Levied to Property .............................................................. 22 Assessment Funds Must Be Expended Within the District Area ................................ 23 Assessment ................................................................................................... 24 Assessment Diagram ..................................................................................... 26 Assessment Roll ............................................................................................ 28 6.2.b Packet Pg. 403 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page v List of Tables Table 1: FY 2024-25 Estimate of Costs ................................................................................ 7 Table 2: Assessment Rate Determination ........................................................................... 8 Table 3: Relative Benefit Levels ........................................................................................ 13 Table 4: Zones of Benefit – Relative Levels ....................................................................... 18 Table 5: FY 2024-25 Summary Cost Estimate ................................................................... 24 6.2.b Packet Pg. 404 City of Diamond Bar Landscaping Assessment District No. 39 Engineer’s Report, Fiscal Year 2024-25 Page 1 Introduction Overview The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 39 was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. Since the passage of Proposition 218, the assessments for this existing District cannot be increased beyond the previously approved amount of $236.00 per parcel. This assessment amount does not generate sufficient revenue to fund the District’s improvements and services, and the annual shortfalls have been funded by the City’s General Fund. In 2022, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 39 with a new District No. 39-2022 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by 52.03% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on March 15, 2022 by its Resolution No. 2022-13, the City Council levied the new assessments for District No. 39- 2022. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”). 6.2.b Packet Pg. 405 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 2 Engineer’s Report and Continuation of Assessments The assessments were approved by a property-owner ballot proceeding in 2022, and were intended to replace the original District No. 39 which was established in 1985. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2024-25. Legislative Analysis Proposition 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. 6.2.b Packet Pg. 406 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 3 Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Improvement District The assessment paid by property should be proportional to the special benefits it receives from the Improvements Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an 6.2.b Packet Pg. 407 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 4 assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. Compliance with Current Law This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 6.2.b Packet Pg. 408 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 5 Plans & Specifications The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 39-2022, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts, other recreational facilities, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. “Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements, or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 6.2.b Packet Pg. 409 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 6 Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. 6.2.b Packet Pg. 410 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 7 Fiscal Year 2024-25 Estimate of Cost and Budget Budget for Fiscal Year 2024-25 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below. Table 1: FY 2024-25 Estimate of Costs 1. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger Expenditure Item Amount Salaries & Benefits 36,334$ Operating Expenses Advertising 3,500 Utilities 126,000 Maintenance of Grounds/Buildings 39,200 Professional Services 7,000 Contract Services Trail & Landscape Maintenance 170,000 Tree Maintenance 32,000 Weed/Pest Abatement 58,000 Additional Enhancement and Improvement - Estimated Expenditures 472,034$ Contingencies/Reserves 671,527 Total Budget 1,143,561$ Revenue Item Amount Direct Benefit Assessments 665,215$ Carryover from Fund Balance 447,097 General Fund Contribution 6.62%31,249 Estimated Revenues 1 1,143,561$ 6.2.b Packet Pg. 411 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 8 capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. Table 2 below shows how the assessment rates are determined including the estimated number of single-family equivalents (“SFE”) and how the costs of improvements are allocated to parcels in the various benefit zones as defined later in this Report. Table 2: Assessment Rate Determination 1. The rate shown here is for a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report. Single-Family Equivalents Parcel SFE factor SFEs Zone A 176 100.0%176.00 Zone B 971 97.5%946.73 Zone C 99 92.5%91.58 Total 1246 1,214.30 Budget Allocation to Parcels Amount Total Assessment Revenue 665,215$ Total SFEs 1,214.30 Assessment per SFE 1 547.82$ Zone A Assessment Rate 547.82$ Zone B Assessment Rate 534.12$ Zone C Assessment Rate 506.73$ 6.2.b Packet Pg. 412 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 9 Method of Assessment Apportionment Method of Apportionment This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. Discussion of Benefit In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." 6.2.b Packet Pg. 413 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 10 The following benefit categories summarize the types of special benefit to residential, commercial, industrial, and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity and access to Improved Landscaped Areas and Other Public Improvements within the District. B. Improved Views within the District. C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. D. Safety and Security within the District E. Creation of individual lots for residential use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: Proximity Expanded or improved access Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 6.2.b Packet Pg. 414 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 11 Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services. Special Benefit SCI assessment engineers have identified the following special benefits: Proximity and Access to Improved L andscaped A reas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. Improved V iews within the Assessment District The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 6.2.b Packet Pg. 415 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 12 Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties within C lose P roximity to the Improvements In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial, and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. Safety and Security within the Assessment District The City, through proper installation, maintenance and servicing of public and private improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. Creation of Individual Lots for Residential Use that, in Absence of the Assessments, Would Not Have Been Created In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. 6.2.b Packet Pg. 416 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 13 Summary of Relative Weight of Benefit Factors A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below. Table 3: Relative Benefit Levels Benefit Category Proximity & Access 10% Views 10% Outdoor Area Extension 10% Safety & Security 10% Creation of Lots 60% TOTAL Benefit 100% Relative Weight General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit =General Benefit +Special Benefit 6.2.b Packet Pg. 417 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 14 There is no widely accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the Assessment District + Benefit to Real Property Inside the Assessment District that is Indirect and Derivative +Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability and other benefits from the Improvements, and the public at large does not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. Benefit Finding Quantification of General Benefit In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. 6.2.b Packet Pg. 418 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 15 Benefit to Property Outside the Assessment Districts Properties within the District receive almost all the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are eight parcels outside the District that lie within a half mile travel distance of one of mini parks within the District. In addition, there are 79 parcels outside the District that are directly adjacent to areas where brush clearing activity is performed by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%. The general benefit to property outside of the District is calculated as follows. 87 Parcels Outside District 1,246 Parcels In the District 40%Benefit Factor 87 87 +1,246 x 40% Assumptions: Calculation: General Benefit to Property Ouside the District =2.61% Benefit to Property Inside the Assessment Districts that is Indirect and Derivative The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. 6.2.b Packet Pg. 419 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 16 Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. Approximately 1.51% of the land area in the District is used for such regional purposes, so this is a measure of the general benefits to property within the District. Benefit To The Public At Large The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. There are two ways in which the public at large can enjoy the improvements, with each counting for half the general benefit: use of parks, and pass-by trips where landscaped areas can be viewed. In the case of the mini parks that serve primarily the neighborhood, City staff estimate that approximately 10% of the users do not live, work or own property in the District. The general landscape improvements are typically along slopes and open space areas, out of view of the general public, so no general benefit is conferred for views of landscaping. Finally, the general benefits conferred to the public at large does not include the benefit of lot creation, so this benefit is further reduced by half. Therefore, we find that ((50% of 10%) x 50% =) 2.50% of the benefits from the Improvements are general benefits to the public at large. Total General Benefits Using a sum of these three measures of general benefit, 2.61%Outside the District 1.51%Inside the District 2.50%Public At Large 6.62%Total General Benefit Landscaping General Benefit Calculation we find that approximately 6.62% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. 6.2.b Packet Pg. 420 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 17 Zones of Benefit The boundaries of the District were developed in conjunction and concurrent with the planning and design of the subdivisions and Improvements, and thus include only the properties in the City of Diamond Bar that are proximate to the Improvements and that would materially benefit from the Improvements. Certain other properties surrounding the District were not part of the designed association between the Improvements and the assessed areas and are generally less proximate to the Improvements. In other words, the boundaries of the District have been narrowly drawn to include only properties that will specially benefit from the Improvements and would receive a declining level of service if the Assessments were not approved. The SVTA decision indicates: “In a well-drawn district — limited to only parcels receiving special benefits from the improvement — every parcel within that district receives a shared special benefit. Under section 2, subdivision (i), these benefits can be construed as being general benefits since they are not ‘particular and distinct’ and are not ‘over and above’ the benefits received by other properties ‘located in the district.’ “We do not believe that the voters intended to invalidate an assessment district that is narrowly drawn to include only properties directly benefiting from an improvement. Indeed, the ballot materials reflect otherwise. Thus, if an assessment district is narrowly drawn, the fact that a benefit is conferred throughout the district does not make it general rather than special. In that circumstance, the characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g., proximity to park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g., general enhancement of the district’s property values).” In the District, the benefit that each parcel receives from the Improvements is direct, and the boundaries are narrowly drawn to include only parcels that benefit from the Assessment. However, proximity to the improvements varies somewhat within the District. In order to most conservatively assure that Assessments are proportional to the relative benefits in the District, three zones have been created: A. In the area south of Grand Avenue the concentration of landscaped areas (brush and slopes) as well as mini parks is the greatest. B. In the area north of Grand Avenue but south of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas, but still a high concentration of mini parks. 6.2.b Packet Pg. 421 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 18 C. In the area around and north of Pantera Park there is less concentration of landscaped slopes and brush-cleared areas and no mini parks within a half mile. Based on the varying characteristics of these three distinct zones, each of the five benefit categories have been assigned a benefit factor to estimate the overall relative benefit. Using Zone A as the benchmark (100%), the other two zones derive less benefit due to the proximity of relatively fewer improvements. This estimation is summarized below. Table 4: Zones of Benefit – Relative Levels Benefit Category Weight Factor Benefit Factor Benefit Factor Benefit Proximity & Access 10%100%10.0%75%7.5%75%7.5% Views 10%100%10.0%100%10.0%75%7.5% Outdoor Area Ext.10%100%10.0%100%10.0%75%7.5% Safety & Security 10%100%10.0%100%10.0%100%10.0% Creation of Lots 60%100%60.0%100%60.0%100%60.0% Relative Benefit 100.0%97.5%92.5% Zone A Zone B Zone C A map of these zones is shown on the following page. 6.2.b Packet Pg. 422 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 19 6.2.b Packet Pg. 423 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 20 Method of Apportionment As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels. The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single- Family Equivalents (SFE). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are assigned an SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE. Residential Properties In the District, there is only one type of residential property present: the single-family home. Other types of residential property, such as multifamily, apartments and condominiums, are not present. Furthermore, the property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in that dominate land use is not expected in the future. As a result, there is no need for a detailed analysis of population densities to determine relative benefit for other types of residential properties. Each single-family residential property is assigned one SFE. Vacant/Undeveloped Properties While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future. 6.2.b Packet Pg. 424 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 21 The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Diamond Bar found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the day- to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel. Other Property Types Notwithstanding the foregoing discussion, there are four other types of property uses to be considered: School, municipal park, water utility, and open space. These are discussed below. School Property: Pantera Elementary School lies within the District and may derive some benefit from the Improvements. However, all benefits that may be derived from the Improvements are included in the General Benefits calculation noted earlier. Therefore, the School accrues no further Special Benefit and is not assessed a fee. Municipal Park: Pantera Park lies partly within the District. However, all benefits that may be derived from the improvements are included in the General Benefits calculation noted earlier. Therefore, the park accrues no further special benefit and is not assessed a fee. Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed a fee. Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee. 6.2.b Packet Pg. 425 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 22 Annual Cost Indexing The assessment shall be subject to an adjustment tied to the Consumer Price Index-U for the Los Angeles-Riverside-Orange County area as of December of each succeeding year (the “CPI”). The maximum authorized assessment rate is equal to the maximum assessment rate in the first fiscal year the Assessment was levied adjusted annually by the change in CPI. Duration of Assessment It is proposed that the Assessments, if approved by property owners, will be continued every year after their formation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. Appeals of Assessments Levied to Property Any property owner who feels that the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then- current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds that the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. 6.2.b Packet Pg. 426 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 23 Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. 6.2.b Packet Pg. 427 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 24 Assessment WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2024-25 is generally as follows: Table 5: FY 2024-25 Summary Cost Estimate As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Salaries & Benefits 36,334$ Operating Expenses & Services 435,700 671,527 Total Budget 1,143,561$ Less General Fund Contribution (31,249) Less Carryover (447,097) Net Amount to Assessments 665,215$ Enhancements / Improvements / Reserves 6.2.b Packet Pg. 428 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 25 Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2024-25. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel or lot of land within the District. Dated: July 16, 2024 Engineer of Work By Edric W. H. Kwan, P.E. License No. C062829 6.2.b Packet Pg. 429 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 26 Assessment Diagram The District boundary and the parcels to be assessed in Landscaping Assessment District No. 39-2022 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report. 6.2.b Packet Pg. 430 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 27 6.2.b Packet Pg. 431 City of Diamond Bar Landscaping Assessment District No. 39-2022 Engineer’s Report, Fiscal Year 2024-25 Page 28 Assessment Roll An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 6.2.b Packet Pg. 432 Agenda #: 6.3 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: LEVYING ASSESSMENTS ON LANDSCAPE ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2024/25. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and B. Adopt Resolution No. 2024-31 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2024/25. FINANCIAL IMPACT: The assessments generated by this District in the amount of $311,346, and $11,955 of General Fund Contribution (3.84% General Benefit), with an $157,185 Fund Balance Carryover, are included for the operation and maintenance costs in the Fiscal Year 2024/25 Budget Special Fund No. 241. BACKGROUND/DISCUSSION: As part of the assessment district updates, the City must undergo a three -step process. This is the final part of the three-step process in which the City Council conducts a public hearing on the District’s proposed annual assessment, and subsequently considers the related resolution confirming the levy assessments. Throughout the entire process, all proceedings for the maintenance of improvements have been pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 Division 15 of the Streets and Highways Code of the State of California and applicable provisions of Proposition 218, Article 10 XIIID of the California Constitution. On April 2, 2024, the City Council adopted Resolution No. 2024 -11, ordering the City Engineer to prepare and file an Engineer's Report related to maintenance of 6.3 Packet Pg. 433 improvements in Landscaping Assessment District No. 41-2021 (District) and any assessment thereon for Fiscal Year 2023/24. On June 18, 2024, the City Council adopted Resolution No. 2024 -25, declaring the City's intention to levy and collect assessments for the District and directing staff to advertise the Public Hearing to be set for the July 16, 2024, regular meeting. The attached Engineer’s Report for the City’s Landscaping Assessment District Number 41-2021 (Attachment 2), which has been prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of operation and maintenance, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The Engineer’s Report contains a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the District for Fiscal Year 2024/25. Said proposed assessment amounts for the single-family and multi-family parcels are $573.93 and $528.02, respectively, an increase of 3% from Fiscal Year 2023/24. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.3.a Resolution No. 2024-31 (LAD 41-2021) 2. 6.3.b LLAD 41-2021 Engineer's Final Report for FY2024-25 6.3 Packet Pg. 434 RESOLUTION NO. 2024-31 A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 FOR THE FISCAL YEAR 2024-25. WHEREAS, by its Resolution No. 2024-25, this Council approved a report of the Engineer of Work related to City of Diamond Bar Assessment District No. 41-2021 (“District”) prepared pursuant to Article XIII of the California Constitution, and the Landscape and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof), which describ ed the improvements thereon, and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2024-25. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A"; WHEREAS, the Report is on file with the City Clerk of the City of Diamond Bar; WHEREAS, said hearing was duly and properly noticed, commenced in the SCAQMD Auditorium located at 21865 Copley Drive, Diamond Bar, California, on July 16, 2024, and was concluded prior to the adoption of this Resolution; 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 Recitals of this Resolution are in all respects true and correct. Section 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied, therefore. Section 3. Based upon its review of the report of the Engineer of Work referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the District will be benefitted by the improvements specified in the Report, (ii) the District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within the District for the 2024-25 fiscal year is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements. Section 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered to be completed. Section 5. The assessment diagram contained in the Report and the 6.3.a Packet Pg. 435 Resolution No. 2024-31 2 assessment amounts of $573.93 and $528.02 for the single-family and multi-family parcels, respectively, within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2024-25 fiscal year. Section 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the Report for Fiscal Year 2024 -25. Section 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2024 -25 property tax bills meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California Constitution. Section 8. The assessments are levied without regard to property valuation. Section 9. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Landscape Assessment District No. 41-2021. Section 10. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. Section 11. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. Section 12. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 16th day of July 2024. CITY OF DIAMOND BAR ________________________ Stan Liu, Mayor 6.3.a Packet Pg. 436 Resolution No. 2024-31 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 the 16th day of July 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 6.3.a Packet Pg. 437 Resolution No. 2024-31 4 Exhibit “A” Landscape Assessment District 41-2021 6.3.a Packet Pg. 438 Fiscal Year 2024-25 ENGINEER’S REPORT City of Diamond Bar Landscaping Assessment District No. 41-2021 July 2024 Final Report Pursuant to the Landscape and Lighting Act of 1972 and Article XIIID of the California Constitution 6.3.b Packet Pg. 439 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page ii (This Page Intentionally Left Blank) 6.3.b Packet Pg. 440 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page iii C ity of Diamond Bar City Council Stan Liu, Mayor Chia Yu Teng, Mayor Pro Tem Andrew Chou, Councilmember Ruth M. Low, Councilmember Steve Tye, Councilmember City Manager Dan Fox P ublic Works Director David Liu City Attorney Omar Sandoval Engineer of Work Edric Kwan, P.E. SCI Consulting Group 6.3.b Packet Pg. 441 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page iv (This Page Intentionally Left Blank) 6.3.b Packet Pg. 442 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page v Table of Contents Introduction .................................................................................................... 1 Overview ...................................................................................................................... 1 Engineer’s Report and Continuation of Assessments .................................................. 2 Legislative Analysis ....................................................................................................... 2 Plans & Specifications ..................................................................................... 5 Fiscal Year 2024-25 Estimate of Cost and Budget ............................................. 7 Budget for Fiscal Year 2024-25 ..................................................................................... 7 Method of Assessment Apportionment ........................................................... 9 Method of Apportionment ........................................................................................... 9 Discussion of Benefit .................................................................................................... 9 Special Benefit ............................................................................................................ 11 General Versus Special Benefit .................................................................................. 13 Benefit Finding ........................................................................................................... 15 Method of Apportionment ......................................................................................... 17 Residential Properties ................................................................................................ 18 Vacant/Undeveloped Properties ................................................................................ 18 Other Property Types ................................................................................................. 19 Annual Assessment Calculation.................................................................................. 19 Duration of Assessment ............................................................................................. 20 Appeals of Assessments Levied to Property .............................................................. 20 Assessment Funds Must Be Expended Within the District Area ................................ 20 Assessment ................................................................................................... 21 Assessment Diagram ..................................................................................... 24 Assessment Roll ............................................................................................ 25 6.3.b Packet Pg. 443 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page vi List of Tables Table 1: FY 2024-25 Estimate of Costs ................................................................................ 7 Table 2: Assessment Rate Determination ........................................................................... 8 Table 3: FY 2024-25 Summary Cost Estimate ................................................................... 21 6.3.b Packet Pg. 444 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 1 Introduction Overview The City of Diamond Bar (the “City”) services and maintains turf areas, slopes and open space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the City. In order to fund the maintenance and operation (“Services”) of these projects and improvements, Landscaping Assessment District No. 41 was formed in 1985 by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon incorporation in 1989, the City assumed jurisdiction over the District. Since the passage of Proposition 218, the assessments for this existing District cannot be increased beyond the previously approved amount of $280.00 per parcel. This assessment amount does not generate sufficient revenue to fund the District’s improvements and services, and the annual shortfalls have been funded by the City’s General Fund. In 2021, the City Council directed that a new assessment be proposed and voted on by property owners within the District in accordance with Proposition 218 (Article XIIIC and D or the California Constitution). Their intent was to replace the existing District No. 41 with a new District No. 41-2021 that would adhere to the existing boundary and include the same improvements and services. These proposed assessments were supported by 87.55% of assessment ballots received from property owners (with each ballot weighted by the amount of assessments it represented). Therefore, on July 6, 2021 by its Resolution No. 2021-33, the City Council levied the new assessments for District No. 41-2021. This Engineer’s Report ("Report") was prepared to establish the budget for the Improvements (as described below) that will be funded by the proposed assessments and other revenue, and to determine the general and special benefits received from the Improvements by property within the District and the method of assessment apportionment to lots and parcels. This Report and the assessments have been made pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the "Act") and Article XIIID of the California Constitution (the “Article”). 6.3.b Packet Pg. 445 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 2 Engineer’s Report and Continuation of Assessments The assessments were approved by a property-owner ballot proceeding in 2021, and were intended to replace the original District No. 41 which was established in 1985. In each subsequent year for which the assessments will be continued, the Diamond Bar City Council (the “Council”) must direct the preparation of an Engineer’s Report, budgets, and proposed assessments for the upcoming fiscal year. After the report is completed, the City Council may preliminarily approve the Engineer’s Report and the continued assessments and establish the date for a public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report (the “Report”) was prepared pursuant to the direction of the City Council. As required by the Act, this Report includes plans and specifications, a diagram or map of the District, the benefits received by property from the Improvements within the District, and the method of assessment apportionment to lots and parcels within the District. If the Council approves this Engineer’s Report and the continuation of the Assessments by resolution, a notice of public hearing must be published in a local newspaper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer’s Report and establishing the date for a public hearing is typically used for this notice. Following the minimum 10-day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the Assessments. This hearing is currently scheduled for July 16, 2024. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2024-25. If so confirmed and approved, the Assessments would be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax rolls for fiscal year 2024-25. Legislative Analysis Proposition 218 The Right to Vote on Taxes Act was approved by the voters of California on November 6, 1996 and is now Article XIIIC and XIIID of the California Constitution. Proposition 218 provides for benefit assessments to be levied to fund the cost of providing services and improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property. 6.3.b Packet Pg. 446 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 3 Silicon Valley Taxpayers Association, Inc. v Santa Clara County Open Space Authority (2008) 44 Cal. 4th 431 In July of 2008, the California Supreme Court issued its ruling on the Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”). This ruling is significant in that the Court clarified how Proposition 218 made changes to the determination of special benefit. The Court also found that: Benefit assessments are for special, not general, benefit The services and/or improvements funded by assessments must be clearly defined Special benefits are directly received by and provide a direct advantage to property in the Improvement District The assessment paid by property should be proportional to the special benefits it receives from the Improvements Dahms v. Downtown Pomona Property (2009) 174 Cal. App. 4th 708 In Dahms v. Downtown Pomona Property (“Dahms”) the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services and improvements funded by the assessments were directly provided to property in the assessment district. The Court also upheld discounts and exemptions from the assessment for certain properties. Bonander v. Town of Tiburon (2009) 180 Cal. App. 4th 103 Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a benefit assessment approved by property owners to pay for placing overhead utility lines underground in an area of the Town of Tiburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based on the costs within sub-areas of the assessment district instead of the overall cost of the improvements and the overall proportional special benefits. Beutz v. County of Riverside (2010) 184 Cal. App. 4th 1516 Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park maintenance in Wildomar, California, primarily because the general benefits associated with improvements and services were not explicitly calculated, quantified and separated from the special benefits. 6.3.b Packet Pg. 447 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 4 Golden Hill Neighborhood Association v. City of San Diego (2011) 199 Cal. App. 4th 416 On September 22, 2011, the San Diego Court of Appeal issued a decision on the Golden Hill Neighborhood Association v. City of San Diego appeal. This decision overturned an assessment for street and landscaping maintenance in the Greater Golden Hill neighborhood of San Diego, California. The court described two primary reasons for its decision. First, like in Beutz, the court found the general benefits associated with services were not explicitly calculated, quantified and separated from the special benefits. Second, the court found that the City had failed to record the basis for the assessment on its own parcels. Compliance with Current Law This Engineer’s Report is consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution because the Improvements to be funded are clearly defined; the benefiting property in the District enjoys close and unique proximity, access and views to the Improvements; the Improvements serve as an extension of usable land area for benefiting properties in the District and such special benefits provide a direct advantage to property in the District that is not enjoyed by the public at large or other property. This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded from the Assessments. The Engineer’s Report is consistent with Bonander because the Assessments have been apportioned based on the overall cost of the Improvements and Services proportional special benefit to each property, rather than the proportional cost to the District to provide the Improvements to specific properties. 6.3.b Packet Pg. 448 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 5 Plans & Specifications The City maintains landscaping and other improvements in locations within the District’s boundaries. The work and improvements to be undertaken by Landscaping Assessment District No. 41-2021, (“District”), and the cost thereof paid from the levy of the annual Assessment provide special benefit to Assessor Parcels within the District as defined in the Method of Assessment herein. In addition to the definitions provided by the Landscaping and Lighting Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks, slopes and open space areas within the District. The Assessment Diagram shows the location and extent of the Improvements to be installed, maintained or serviced by the proceeds from this Assessment District. Installation, maintenance and servicing of Improvements, may include, but are not limited to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems, sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, at each of the locations owned, operated or maintained by the District. As applied herein, “Installation” means the construction of Improvements, including, but not limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping, irrigation systems, walkways and drainage, lights, playground equipment, play courts, playing fields, recreational facilities and public restrooms. “Maintenance” means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. “Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; or water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. 6.3.b Packet Pg. 449 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 6 Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notices; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased assessment (Streets & Highways Code §22526). Modifications to the District structure could include, but are not limited to, substantial changes or expansion of the Improvements provided, substantial changes in the service provided, modifications or restructuring of the District including annexation or detachment of specific parcels, revisions in the method of apportionment, or proposed new or increased assessments. The assessment proceeds will be exclusively used for Improvements within the District plus incidental expenses. 6.3.b Packet Pg. 450 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 7 Fiscal Year 2024 -2 5 Estimate of Cost and Budget Budget for Fiscal Year 2024-25 The 1972 Act provides that the total costs for providing the maintenance and servicing of the District Improvements and facilities can be recovered in the assessment spread including incidental expenses. The latter can include engineering fees, legal fees, printing, mailing, postage, publishing and all other costs identified with the District proceedings. An estimate of District costs for fiscal year 2024-25 for the maintenance and servicing of the Improvements is provided below. Table 1: FY 2024-25 Estimate of Costs 1. The Act requires that proceeds from the assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the assessment shall be used only for the purposes stated within this Report. Any balance Expenditure Item Amount Salaries & Benefits 36,728$ Operating Expenses Advertising 3,000 Utilities 77,000 Maintenance of Grounds/Buildings 46,000 Professional Services 7,000 Contract Services Landscape Maintenance 68,500 Tree Maintenance 23,000 Weed/Pest Abatement 50,118 Capital Improvements 0 Estimated Expenditures 311,346$ Contingencies/Reserves 169,140 Total Budget 480,486$ Revenue Item Amount Direct Benefit Assessments 311,346$ Carryover from Prior Year 157,185 General Fund Contribution 3.84%11,955 Estimated Revenues 1 480,486$ LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 6.3.b Packet Pg. 451 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 8 remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may also establish a reserve fund for contingencies and special projects as well as a capital improvement fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund or would be used to reduce future years' assessments. Table 2 below shows how the assessment rates are determined including the estimated number of single-family equivalents (“SFE”) and how the costs of improvements are allocated to parcels as defined later in this Report. Table 2: Assessment Rate Determination 1. The rate shown here is for a single-family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment Apportionment” and the sections following it in this report. Single-Family Equivalents Parcels SFE factor SFEs Single Family Parcels 410 100%410.00 Condominium Parcels 144 92%132.48 Total 554 542.48 Budget Allocation to Parcels Total Amount Assessed 311,346$ Total SFEs 542.48 Assessment per SFE 1 573.93$ Single-Family Assessment 573.93$ Condominium Assessment 528.02$ 6.3.b Packet Pg. 452 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 9 Method of Assessment Apportionment Method of Apportionment This section of the Engineer's Report explains the benefits to be derived from the Improvements and the methodology used to apportion the total assessment to properties within the District. The District consists of certain assessor parcels within the boundaries as defined by the Assessment Diagram referenced in this report and the parcels identified by the Assessor Parcel Numbers listed with the levy roll. The parcel list includes all privately and publicly owned parcels as shown. The method used for apportioning the Assessment is based upon the relative special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The Assessment is apportioned to lots and parcels in proportion to the relative special benefit from the Improvements. The apportionment of special benefit is a two-step process: the first step is to identify the types of special benefit arising from the Improvements and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property. Discussion of Benefit In summary, the Assessments can only be levied based on the special benefit to property. This benefit is received by property over and above any general benefits. With reference to the requirements for assessments, Section 22573 of the Landscaping and Lighting Act of 1972 states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that assessments must be based on the special benefit to property and that the value of the special benefits must exceed the cost of the assessment: "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel." 6.3.b Packet Pg. 453 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 10 The following benefit categories summarize the types of special benefit to residential, commercial, industrial and other lots and parcels resulting from the Improvements to be provided with the assessment proceeds. These types of special benefit are summarized as follows: A. Proximity to Improved Landscaped Areas and Other Public Improvements within the District. B. Improved Views within the District. C. Extension of a property’s outdoor areas and green spaces for properties within close proximity to the Improvements. D. Safety and Security within the District E. Creation of individual lots for residential and commercial use that, in absence of the Assessments, would not have been created. In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the definitions of special benefits to properties from similar improvements in three distinct areas: ♦ Proximity ♦ Expanded or Improved Access ♦ Views The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or improvement that provides a direct advantage to a parcel and that indirect or derivative advantages resulting from the overall public benefits from a service or improvement are general benefits. The SVTA v. SCCOSA decision also provides specific guidance that park improvements are a direct advantage and special benefit to property that is proximate to a park that is improved by an assessment: The characterization of a benefit may depend on whether the parcel receives a direct advantage from the improvement (e.g. proximity to a park) or receives an indirect, derivative advantage resulting from the overall public benefits of the improvement (e.g. general enhancement of the district’s property values). Proximity, improved access and views, in addition to the other special benefits listed herein further strengthen the basis of these assessments. 6.3.b Packet Pg. 454 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 11 Moreover, the Dahms decision further clarified that certain services and improvements funded by assessments, that are over and above what otherwise would be provided and that other property in general and the public do not share or receive are 100% special benefit. The assessment-funded services upheld by Dahms included streetscape maintenance and security services. Special Benefit SCI assessment engineers have identified the following special benefits: Proximity and Access to Improved Landscaped Areas within the District Only the specific properties within close proximity to the Improvements are included in the District. The District has been narrowly drawn to include the properties that receive special benefits from the Improvements. Therefore, property in the District enjoys unique and valuable proximity and access to the Improvements that the public at large and property outside the District do not share. In absence of the Assessments, the Improvements would not be provided, and the public improvements funded in the District would be degraded due to insufficient funding for maintenance, upkeep and repair. Therefore, the Assessments provide Improvements that are over and above what otherwise would be provided. Improvements that are over and above what otherwise would be provided do not by themselves translate into special benefits but when combined with the unique proximity and access enjoyed by parcels in the District, they provide a direct advantage and special benefit to property in the District. Improved V iews within the Assessment District The City, by maintaining permanent public improvements funded by the Assessments in the District, provides improved views to properties in the District. The properties in the District enjoy close and unique proximity, access and views of the specific Improvements funded in the District; therefore, the improved and protected views provided by the Assessments are another direct and tangible advantage that is uniquely conferred upon property in the District. 6.3.b Packet Pg. 455 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 12 Extension of a P roperty’s O utdoor A reas and G reen S paces for P roperties within C lose P roximity to the Improvements In large part because it is cost prohibitive to provide large open land areas on property in the District, the residential, commercial and other benefiting properties in the District do not have large outdoor areas and green spaces. The Improvements within the District provide additional outdoor areas that serve as an effective extension of the land area for proximate properties because the Improvements are uniquely proximate and accessible to property in close proximity to the Improvements. The Improvements, therefore, provide an important, valuable and desirable extension of usable land area for the direct advantage and special benefit of properties in the District because such properties have uniquely good and close proximity to the Improvements. Safety and Security within the Assessment District The City, through proper installation, maintenance and servicing of public and private improvements funded by the Assessments in the District, provides increased security and safety by preventing crime and suppressing fire. For parks and recreation Improvements, proper lighting and well-kept landscapes help to deter crime and vandalism. Other landscaped area activities such as slope maintenance and brush clearing provide critical fire suppression. Creation of Individual L ots for R esidential Use that, in Absence of the Assessments, Would Not Have Been Created In the District, the original owner/developer(s) of the property within the District agreed unanimously to the Assessments. The Assessments provide the necessary funding for improvements that were required as a condition of development and subdivision approval. Therefore, such Assessments allowed the original property to be subdivided and for development of the parcels to occur. As parcels were sold, new owners were informed of the Assessments through the title reports, and in some cases, through Department of Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase of property was also an “agreement” to pay the Assessment. Therefore, in absence of the Assessments, the lots within most of the District would not have been created. These parcels, and the improvements that were constructed on the parcels, receive direct advantage and special benefit from the Assessments. 6.3.b Packet Pg. 456 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 13 Summary of Relative Weight of Benefit Factors A solid argument could be made that the Creation of Individual Lots benefit comprises 100% of the benefit because the Improvements were incorporated into the original planning and design of the subdivision, and thus were deemed to be necessary and required for the development of the lot. Without those Improvements and associated benefit, the lots would not have been created in the first place. Nevertheless, four other definitive benefits accruing to the parcels within the District are identified, and an allowance should be made within the overall relative importance of benefits. The relative benefit level of the five identified benefits used in this Report is shown below. Benefit Category Proximity & Access 10% Views 10% Outdoor Area Extension 10% Safety & Security 10% Creation of Lots 60% TOTAL Benefit 100% Relative Weight General Versus Special Benefit Article XIIIC of the California Constitution requires any local agency proposing to increase or impose a benefit assessment to “separate the general benefits from the special benefits conferred on a parcel.” The rationale for separating special and general benefits is to ensure that property owners subject to the benefit assessment are not paying for general benefits. An assessment can fund special benefits but cannot fund general benefits. Accordingly, a separate estimate of the special and general benefit is given in this section. In other words: Total Benefit = General Benefit + Special Benefit 6.3.b Packet Pg. 457 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 14 There is no widely-accepted or statutory formula for general benefit. General benefits are benefits from improvements or services that are not special in nature, are not “particular and distinct” and are not “over and above” benefits received by other properties. SVTA vs. SCCOSA provides some clarification by indicating that general benefits provide “an indirect, derivative advantage” and are not necessarily proximate to the improvements. In this Report, the general benefit is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. The starting point for evaluating general and special benefits is the current, baseline level of service. The Assessment will fund Improvements “over and above” this general, baseline level and the general benefits estimated in this section are over and above the baseline. A formula to estimate the general benefit is listed below: General Benefit = Benefit to Real Property Outside the Assessment District + Benefit to Real Property Inside the Assessment District that is Indirect and Derivative + Benefit to the Public at Large Special benefit, on the other hand, is defined in the state constitution as “a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large.” The SVTA v. SCCOSA decision indicates that a special benefit is conferred to a property if it “receives a direct advantage from the improvement (e.g., proximity to a park).” In these Assessments, as noted, properties in the District have close and unique proximity, views and access to the Improvements and uniquely improved desirability from the Improvements and other properties and the public at large do not receive significant benefits because they do not have proximity, access or views of the Improvements. Therefore, the overwhelming proportion of the benefits conferred to property is special and is only minimally received by property outside the Districts or the public at large. 6.3.b Packet Pg. 458 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 15 Benefit Finding Quantification of General Benefit In this section, the general benefit from landscaping and other types of Improvements is liberally estimated and described, and then budgeted so that it is funded by sources other than the Assessment. Benefit to Property Outside the Assessment Districts Properties within the District receive almost all of the special benefits from the Improvements because properties in the District enjoy unique close proximity and access to the Improvements that is not enjoyed by other properties or the public at large. However, certain properties within the proximity/access radius of the Improvements, but outside of the boundaries of the District, may receive some benefit from the Improvements. Since this benefit is conferred to properties outside the District boundaries, it contributes to the overall general benefit calculation and will not be funded by the Assessments. The general benefit to property outside of the District is calculated with the parcel and data analysis performed by SCI Consulting Group. Since certain properties outside the District enjoy close proximity and access to the Improvements cannot be assessed by the District, this is a form of general benefit to other property. There are 23 parcels outside the District that are directly adjacent to areas where slopes are maintained by the District. The benefits conferred to these properties do not include the Lot Creation benefit factor, therefore the benefit is reduced by 60%. The general benefit to property outside of the District is calculated as follows. 23 Parcels Outside District 554 Parcels In the District 40%Benefit Factor 23 23 +554 Assumptions: Calculation: General Benefit to Property Ouside the District x 40%=1.59% 6.3.b Packet Pg. 459 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 16 Benefit to Property Inside the Assessment Districts that is Indirect and Derivative The “indirect and derivative” benefit to property within the District is particularly difficult to calculate. A solid argument can be presented that all benefit within the District is special, because the other Improvements are clearly “over and above” and “particular and distinct” when compared with the baseline level of service and the unique proximity, access and views of the other Improvements enjoyed by benefiting properties in the District. Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit “conferred on real property located in the district” A measure of the general benefits to property within the Assessment area is the percentage of land area within or directly abutting the District that is publicly owned and used for regional purposes such as regional parks, major roads, rail lines and other regional facilities because such properties used for regional purposes could provide indirect benefits to the public at large. The District boundaries are narrowly drawn to include only the residential areas within the neighborhood, and there are no regional facilities within the District. Therefore, the indirect and derivative general benefits to property within the District are zero. Benefit To The Public At Large The general benefit to the public at large can be estimated by the proportionate amount of time that the District’s Improvements are used and enjoyed by individuals who are not residents, employees, customers or property owners in the District. It should be noted that these Improvements do not attract the public at large in the same was as park improvements, and they confer far less benefit to the public at large than do similar park improvements. In essence, the public does not visit an area to enjoy slope improvements in the same way as they may visit a park. However, certain slopes maintained by the District may provide some enhancement to views enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green areas maintained by the District lie along arterial roadways that carry a high percentage of traffic not associated with people who are not residents or property owners within the District. While there are not statistics available as to what percentage of pass- by vehicle trips are by non-residents or non-property owners, a liberal factor of 90% is assumed. Finally, of all the types of benefits conferred by the Improvements, passersby only benefit from views, which are estimated at 10% of the total benefits. Therefore, we find that ((90% of 25%) x 10% =) 2.25% of the benefits from the Improvements are general benefits to the public at large. 6.3.b Packet Pg. 460 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 17 Total General Benefits Using a sum of these three measures of general benefit, we find that approximately 3.84% of the benefits conferred by the Improvements may be general in nature and should be funded by sources other than the assessment. Outside the District Inside the District Public At Large Total General Benefit Landscaping General Benefit Calculation 1.59% 0.00% 2.25% 3.84% Method of Apportionment As previously discussed, the proposed Assessments will provide comprehensive Improvements that will clearly confer special benefits to properties in the proposed District. The allocation of special benefits to property is partially based on the type of property and the size of property. These benefits can also partially be measured by the occupants on property in the District because such parcel population density is a measure of the relative benefit a parcel receives from the Improvements. It should be noted that many other types of “traditional” assessments also use parcel population densities to apportion the Assessments. For example, the assessments for sewer systems, roads and water systems are typically allocated based on the population density of the parcels assessed. Therefore, the apportionment of benefit is reasonably based on the type of parcel, the size of parcels and the population density of parcels. The next step in apportioning Assessments is to determine the relative special benefit for each property. This process involves determining the relative benefit received by each property in relation to a single-family home, or, in other words, on the basis of Single- Family Equivalents (“SFE”). This SFE methodology is commonly used to distribute Assessments in proportion to estimated special benefit and is generally recognized as providing the basis for a fair and appropriate distribution of Assessments. For the purposes of this Engineer’s Report, all properties are designated a SFE value, which is each property’s relative benefit in relation to a single-family home on one parcel. In this case, the "benchmark" property is the single-family detached dwelling which is one Single Family Equivalent or one SFE. 6.3.b Packet Pg. 461 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 18 Residential Properties Certain residential properties in the District that contain a single residential dwelling unit are assigned one Single Family Equivalent or 1.0 SFE. Detached or attached houses and zero-lot line houses are included in this category of single-family residential property. If there is more than one single family detached dwelling on a parcel, it will be charged one SFE per single family detached dwelling. Another residential property type in the District is the condominium. These properties benefit from the Improvements in proportion to the average number of people who reside in multi-family residential units versus the average number of people who reside in a single-family home (Population Density Factor, or PDF). Using the total population of each property type in the City from recent Census data and dividing it by the total number of such households reveals that approximately 3.42 persons occupy each single-family residence, whereas an average of 2.48 persons occupy each condominium. The ratio of 2.48 people (condominium) to 3.42 people (single-family) results in a PDF of 0.73 for condominiums. The PDF of 0.73 for condominiums is applied to certain benefit categories, whereas other benefit categories are applicable to condominiums in full measure. The calculation of the overall SFE factors are summarized below. Benefit Category PDF SFE Factor PDF SFE Factor Proximity & Access 10%100%10.0%73%7.3% Views 10%100%10.0%73%7.3% Outdoor Area Extension 10%100%10.0%73%7.3% Safety & Security 10%100%10.0%100%10.0% Creation of Lots 60%100%60.0%100%60.0% TOTAL Benefit 100%100%92% SFR CondoWeight There are no other multi-family property types (e.g., duplex, triples, fourplex, apartments) in the District, and none are foreseen in the near future. Therefore, no SFR-based assessment rate is calculated. Vacant/Undeveloped Properties While there are currently no vacant or undeveloped properties in the District, the following discussion is included in the event that properties become vacant in the future. 6.3.b Packet Pg. 462 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 19 The benefit to undeveloped properties is determined to be proportional to the corresponding benefits for similar type developed properties, but at a lower rate due to the lack of improvements on the property. A measure of the benefits accruing to the underlying land is the average value of land in relation to Improvements for developed property. An analysis of the assessed valuation data from the City of Diamond Bar found that approximately 45% of the assessed value of improved properties is classified as the land value. It is reasonable to assume, therefore, that approximately 45% of the benefits are related to the underlying land and 55% are related to the improvements and the day- to-day use of the property. Using this ratio, the SFE factor for vacant/undeveloped parcels is 0.45 per parcel. Other Property Types Notwithstanding the foregoing discussion, there are two other types of property uses to be considered: Water utility and open space. These are discussed below. Water Utility: The Walnut Valley Water District owns a parcel with two water tanks used to supply water for domestic use and fire protection. This property has no people stationed on-site and derives no benefit in any category. Therefore, it is not assessed a fee. Open Space: The open space parcels that lie within the District are part of the improvements (views, safety & security, etc.) Therefore, these parcels are not assessed a fee. The property in the District is fully developed, has been stable since its original development in the late 1980s, and is zoned such that a change in the predominately residential land use is not expected in the future. As a result, there is no analysis of type, size and population densities for other uses such as commercial, industrial and institutional properties. A nnual Assessment Calculation The assessment shall be subject to an adjustment up to a cap of 3% annually, which adjustment shall be based upon actual costs, including any reasonable reserves, supported by an Engineer’s Report prepared in accordance with Article XIIID of the California Constitution. If the Engineer’s Report does not support an increase or supports a reduction in the assessment, then the assessment shall not be increased or shall be lowered as applicable. 6.3.b Packet Pg. 463 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 20 Duration of Assessment The District was formed or annexed in previous years. It is proposed that the Assessments be continued every year after their formation or annexation, so long as the public Improvements need to be maintained and improved, and the City requires funding from the Assessments for these Improvements in the District. As noted previously, the Assessment can continue to be levied annually after the City Council approves an annually updated Engineer’s Report, budget for the Assessment, Improvements to be provided, and other specifics of the Assessment. In addition, the City Council must hold an annual public hearing to continue the Assessment. Appeals of Assessments Levied to Property Any property owner who feels the Assessment levied on the subject property is in error as a result of incorrect information being used to apply the foregoing method of assessment may file a written appeal with the City of Diamond Bar City Manager or his or her designee. Any such appeal is limited to correction of an Assessment during the then- current Fiscal Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her designee will promptly review the appeal and any information provided by the property owner. If the City Manager or his or her designee finds the Assessment should be modified, the appropriate changes shall be made to the Assessment Roll. If any such changes are approved after the Assessment Roll has been filed with the County for collection, the City Manager or his or her designee is authorized to refund to the property owner the amount of any approved reduction. Any dispute over the decision of the City Manager or his or her designee shall be referred to the Diamond Bar City Council, and the decision of the City Council shall be final. Assessment Funds Must Be Expended Within the District Area The net available Assessment funds, after incidental, administrative, financing and other costs shall be expended exclusively for Improvements within the boundaries of the District or as described herein, and appropriate incidental and administrative costs as defined in the Plans and Specifications section. 6.3.b Packet Pg. 464 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 21 Assessment WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare and file a report presenting an estimate of costs, a Diagram for the District and an assessment of the estimated costs of the Improvements upon all assessable parcels within the District; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article XIIID of the California Constitution, and the order of the City of Diamond Bar City Council, hereby makes the following Assessment to cover the portion of the estimated cost of the Improvements, and the costs and expenses incidental thereto to be paid by the District. The amount to be paid for said Improvements and the expense incidental thereto, to be paid by the District for the Fiscal Year 2024-25 is generally as follows: Table 3: FY 2024-25 Summary Cost Estimate As required by the Act, an Assessment Diagram of the District is hereto attached and incorporated herein by reference. The distinctive number of each parcel or lot of land in the District is its Assessor Parcel Number appearing on the Assessment Roll. I do hereby assess and apportion the net amount of the cost and expenses of the Improvements, including the costs and expenses incident thereto, upon the parcels and lots of land within the District, in accordance with the special benefits to be received by each parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost and Method of Assessment in the Report. Salaries & Benefits 36,728$ Operating Expenses & Services 274,618 Capital Expenses/Reserves 169,140 Total Budget 480,486$ Less General Fund Contribution (11,955) Less Carryover (157,185) Net Amount to Assessments 311,346$ Fund and Budget Summary Fiscal Year 2024-25 LANDSCAPING ASSESSMENT DISTRICT NO. 41-2021 6.3.b Packet Pg. 465 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 22 The Assessment is made upon the parcels or lots of land within the District in proportion to the special benefits to be received by the parcels or lots of land, from the Improvements. Each parcel or lot of land is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps of the County of Los Angeles for the Fiscal Year 2024-25. For a more particular description of the property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of the County. I hereby will place opposite the Assessor Parcel Number for each parcel or lot within the Assessment Roll, the amount of the assessment for the Fiscal Year 2024-25 for each parcel or lot of land within the District. Dated: July 16, 2024 Engineer of Work By Edric W. H. Kwan, P.E. License No. C062829 6.3.b Packet Pg. 466 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 23 6.3.b Packet Pg. 467 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 24 Assessment Diagram The District boundary and the parcels to be assessed in Landscaping Assessment District No. 41-2021 are shown on the Assessment Diagram, which is on file with the City Clerk of the City of Diamond Bar and includes all those properties included in the original formation of the District and subsequent annexations. The following Assessment Diagram is for general location only and is not to be considered the official boundary map. The lines and dimensions of each lot or parcel within the District are those lines and dimensions as shown on the maps of the Assessor of the County of Los Angeles, for Fiscal Year 2024-25, and are incorporated herein by reference, and made a part of this Diagram and this Report. 6.3.b Packet Pg. 468 CITY OF DIAMOND BAR LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 41-2021 ENGINEER’S REPORT, FISCAL YEAR 2024-25 Page 25 Assessment Roll An Assessment Roll (a listing of all parcels assessed within the District and the amount of the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report and is available for public inspection during normal office hours at the City Hall at 21810 Copley Drive, 2nd floor, Diamond Bar, California 91765. Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this Report. These records shall govern for all details concerning the description of the lots or parcels. 6.3.b Packet Pg. 469 Agenda #: 7.1 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AMENDMENTS TO THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Determine that the proposed ordinance is not subject to the California Environmental Quality Act ("CEQA"); and B. Introduce for first reading by title only, waive full reading of the Ordinance, and schedule the second reading and adoption at the next regularly scheduled City Council Meeting: ORDINANCE 04 (2024): “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 12.00.470 (SMOKING PROHIBITED IN CITY PARKS) TO DIVISION 2 (PARK RULES AND REGULATIONS) OF CHAPTER 12.00 (PARKS AND RECREATION) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PROPERTY) OF THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS.” FINANCIAL IMPACT: None. BACKGROUND: Parks in the City of Diamond Bar play a vital role in promoting physical exercise, outdoor activities, and the overall well-being of park visitors. They offer spaces for people to connect with nature, reduce stress, relax mentally, and serve as community gathering places fostering social interactions and a sense of belonging. Despite the strong smokefree laws in California, park visitors still face health risks from 7.1 Packet Pg. 470 exposure to secondhand smoke. According to the Centers for Disease Control and Prevention (“CDC”), there is no risk-free level of exposure to secondhand smoke, and even brief exposures can lead to serious health issues and death. The CDC estimates that secondhand smoke is responsible for approximately 41,000 deaths among nonsmokers each year, including deaths from lung cancer and heart disease. Additionally, smoking-related litter and discarded cigarette butts can impact the cleanliness and maintenance of p arks, posing environmental hazards and additional upkeep costs. While California State law prohibits smoking within 25 feet of playgrounds or tot lot sandbox areas and within 20 feet from public building doors, it also allows cities to enact complete bans or regulations on smoking. Section 12.00.500 of the Diamond Bar Municipal Code (“DBMC”) currently prohibits smoking on or around hiking trails within the City. However, apart from this provision and the state law, no regulations specifically address smoking in parks within Diamond Bar. To date, over 400 California jurisdictions have adopted additional laws that further restrict smoking in outdoor recrea tion areas. The proposed Ordinance (Attachment 1) would prohibit smoking within City parks. ANALYSIS: Adopting specific regulations to address smoking in parks is essential for the overall well-being and safety of the community. Aligning with Diamond Bar’s strategic goal of ensuring a Safe, Sustainable, and Healthy Community, the proposed ordinance expands on existing state law and bans smoking within City parks. The ordinance defines smoking as the release of gases, particles, or vapors into the air and the act of inhaling, exhaling, or carrying lighted cigars, cigarettes, or other products intended for human inhalation, including tobacco smoke, marijuana, or cannabis smoke, or crack cocaine or heroin smoke. This also includes smoking from any electronic or battery-operated device used to deliver nicotine or other substances, such as electronic cigarettes (e-cigarettes), vapes, or vape pens. Smoking will be prohibited within City parks, and a 50 -foot perimeter around parks, including parking lots. However, the proposed ordinance does not apply to smoking on private property if a park perimeter encroaches on it or on paved public sidewalks bordering the park or any public street and sidewalk within the City. The Diamond Bar Center is excluded from this proposed ordinance due to its use for private rentals, where smoking will still be allowed during reservations, subject to existing California state law that prohibits smoking inside public buildings, and extends to outdoor areas within 20 feet of a main exit, entrance, and operable window of a public building. Smoking during reservations at other City facilities located within City parks will be prohibited. Furthermore, the proposed ordinance also prohibits the disposal of any tobacco product or instrument, such as cigarettes, cigars, matches, electronic smoking devices, or matches in areas where smoking is prohibited. It should be noted that places where smoking is prohibited under State and Federal law will still apply. The proposed ordinance establishes an enforcement mechanism and is enforceable by any member of the Los Angeles County Sheriff’s Department (“LASD”) who is authorized to enforce the provisions of the DBMC. The ordinance is designed to be self- 7.1 Packet Pg. 471 educating through visible signage and community outreach materials. While the LASD is authorized to enforce any violation of the ordinance, much enforcement is likely to be reactive. Still, the LASD will maintain awareness of the City’s smoking regulations, warn and educate the public about the City’s smoking ban in City parks, and enforce the ordinance as needed. Violation of the ordinance will be deemed an infraction and punishable by Chapter 1.04 of the DBMC. Infractions are subject to the following penalties: • $100.00 fine for the first violation • $200.00 fine for the second violation within a 12-month period • $500.00 fine for a third or more violations within a 12-month period Penalties are not expected to be common. Therefore, it is recommended that the City Council approve the introduction of the Ordinance (Smoking Prohibited in City Parks), to be read by title only and waive further reading of the ordinance. ENVIRONMENTAL REVIEW: The City has determined that the proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) in that it is an ordinance of general policy and procedure. It does not constitute a project within the meaning of CEQA and has no potential to result in either a direct or a reasonably foreseeable indirect physical change in the environment. Therefore, the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), as the Ordinance is covered by the general rule that CEQA only applies to projects, and only to those projects which have the potential for causing a significant effect on the environment. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance as to form. PREPARED BY: REVIEWED BY: 7.1 Packet Pg. 472 Attachments: 1. 7.1.a Ordinance No. 04 (2024) - Smoking Prohibited in City Parks 7.1 Packet Pg. 473 ORDINANCE NO. 04 (2024) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 12.00.470 (SMOKING PROHIBITED IN CITY PARKS) TO DIVISION 2 (PARK RULES AND REGULATIONS) OF CHAPTER 12.00 (PARKS AND RECREATION) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC PROPERTY) OF THE DIAMOND BAR CITY CODE TO PROHIBIT SMOKING IN CITY PARKS. WHEREAS, parks provide one of the few affordable entertain ment options for individuals and families; and WHEREAS, tobacco use causes death and disease and impose great social and economic costs; and WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors; and WHEREAS, comprehensive smoke free laws have proven to be the only effective way of eliminating secondhand smoke exposure; and WHEREAS, California Health and Safety Code Section 104495, prohibits smoking within a certain distance of playgrounds, tot lot sandbox areas, youth sporting events, and authori zes cities to enact smoking bans that are more restrictive related to smoking around playgrounds, tot lot sandbox areas, and youth sporting events; and WHEREAS, California Health and Safety Code Section 118880 declares that tobacco smoke is a hazard to the health of the general public; and WHEREAS, California Health and Safety Code Section 118910 states that local governing bodies may completely ban the smoking of tobacco or may regulate smoking in any matter not inconsistent with state law; and WHEREAS, tobacco litter and matches dropped in parks are particularly dangerous to young children who step on them or ingest them, sometimes while they are still hot, and creates additional work for maintenance staff; and WHEREAS, tobacco products are, in addition, poisonous to wildlife which inhabit or visit the parks and are generally detrimental to the environment; and WHEREAS, eliminating smoking in parks will ensure that nonsmokers may breathe air free from the hazardous effects of secondhand smoke, will protect the public’s health, comfort and welfare and promote a healthier environment . 7.1.a Packet Pg. 474 Ordinance No. 04 (2024) 2 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. Section 12.00.470 is hereby added to Division 2 (Park Rules and Regulations) of Chapter 12.00 (Parks and Recreation) of Title 12 (Streets, Sidewalks and Public Property) of the Diamond Bar City Code to read as follows: Sec. 12.00.470 - Smoking prohibited in City parks. (a) Purpose and Findings. The City Council finds that smoking of tobacco, or any other weed, plant, or substance is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those present in confined and unconfined spaces, and in order to serve the public health, safety, and welfare, the declared purpose of this section is to prohibit the smoking of tobacco products , or any other weed, plant, or other substances within the boundaries of any public park. (b) Definitions. As used in this section, 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. Cannabis has the meaning set forth in California Business Professions Code Section 26001, as that section may be amended from time to time. Electronic Smoking Device means an electronic and/or battery -operated device that can be used to deliver an inhaled dose of nicotine, or any other substance, including any component, part, or accessory of such a device, whether or not sold separately. Electronic Smoking Device includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor . Enforcement official shall have the same meaning as section 1.04.020. Park shall have the same meaning as section 12.00.020 of this Code. The Diamond Bar Center is excluded from this definition. Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco, nicotine, marijuana, cannabis, cocaine, or heroin and the 7.1.a Packet Pg. 475 Ordinance No. 04 (2024) 3 purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term Smoke includes, but is not limited to tobacco smoke, electronic smoking device vapors, marijuana or cannabis smoke, crack cocaine or heroin smoke. Smoking means the release of gases, particles, or vapors into the air as the result of combustion, electrical ignition, or vaporization and/or inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product, including but not limited to tobacco and marijuana, intended for human inhalation. (c) Smoking Prohibited. Smoking is prohibited and is unlawful within all areas posted as a no smoking area by the city by signs conspicuously posted at or near the primary entrance(s) to a public place or area where smoking is prohibited , including, but not limited to: (1) within any park, including its parking lots. (2) Within fifty (50) feet of any park perimeter, provided that if any such perimeter encroaches on private property, this prohibition shall not apply to the private property. This prohibition shall also not apply to any paved public sidewalk immediately abutting the boundary of the park or to persons and vehicles travelling along the public streets and sidewalks. (d) Disposal of Smoking Waste. No person shall dispose of any tobacco product or instrument including, but not limited to, cigarettes or cigars, or any part of a cigarette or cigar, matches, Electronic Smoking Device, or any other combustible substance, in any place where smoking is prohibited under this section. (e) Administration. The no smoking regulations established by this section shall be administered by any Enforcement Official. (f) Violations and Penalties. (1) Infraction. A violation of this section is an infraction and shall be punished pursuant to Chapter 1.04 of this Code . (2) Nonexclusive Remedies and Penalties. Punishment under this section shall not preclude punishment pursuant to Health and Safety Code Section 13002, Penal Code Section 374.4, or any other law proscribing the act of littering or smoking. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (3) Nothing in this section shall preclude the enforcement of State and Federal Laws that pertain to smoking. 7.1.a Packet Pg. 476 Ordinance No. 04 (2024) 4 Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") Guidelines in that it (a) is an ordinance of general policy and procedure and does not constitute a project within the meaning of CEQA and (b) has no potential for resulting in either a direct or a reasonably foreseeable indirect physical change in the environment. As such, this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects, and only to those projects which have the potential for causing a significant effect on the environment. 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 been 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 16th day of July, 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. 477 Agenda #: 7.2 Meeting Date: July 16, 2024 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL TRAVEL, EXPENSE AND REIMBURSEMENT POLICY REVISIONS. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2024-32, approving City Council Policy 2024-01, Travel, Expense and Reimbursement Policy; and B. Adopt Resolution No. 2024-33, amending the Compensation and Benefits Plan, Schedule G. FINANCIAL IMPACT: None. BACKGROUND: Over the years, the City Council has adopted various Council Policies, many dating back to early cityhood. These policies also require periodic review and updating. The Travel, Expense and Reimbursement Policy was established by the City Council on March 21, 2006. The Policy was subsequently revised on March 4, 2008, and was last revised on October 7, 2014 with the adoption of City Council Resolution No. 2014 -40 (Attachment 5). The Travel, Expense and Reimbursement Policy is also intended to comply with Government Code Sections 53232.2 and 53232.3 for reporting and reimbursement of business expenses to City Council Members and other City Officials (Attachment 6). Comprehensive updates to the current Travel, Expense and Reimbursement Policy F -5 are proposed which include reformatting the existing policy to the most recent policy format, updating language throughout, and making other non -substantive changes. Proposed changes that are more substantive in nature are highlighted below. 7.2 Packet Pg. 478 On July 1, 2024, the City Council Policy Review Subcommittee, comprised of Mayor Pro Tem Teng and Council Member Chou, reviewed and recommended approval of the proposed revised Policy to the City Council. The attached Resolution and City Council Travel, Expense & Reimbursement Policy 2024-01 (Attachments 1 and 2) are intended to replace in its entirely City Council Policy F-5 and rescind Resolution No. 2014-40. The attached Resolution amending the Compensation Plan (Attachments 3 and 4) will update reference to the Technology Stipend for City Council Members. ANALYSIS: The proposed Travel, Expense and Reimbursement Policy is intended to replace the current City Council Policy F-5. The new Policy has been reformatted with updated language, layout, numbering scheme and other non -substantive changes consistent with the most recent policy formats. The following table highlights the more substantive changes proposed in the revised Policy, and includes a cross reference to the existing Policy sections for comparison purposes: New Section Proposed Changes Existing Section Ref. 2. Definitions New section added with key definitions. N/A 4.1.3 - Employees Travel Authorization Form to be approved by Department Director for in-state budgeted travel rather than CM. Out-of- state or non-budgeted travel requires CM approval. Removes reference to approval 45-days prior and is required prior to incurring any travel expenses. 3B 4.1.4 – International Travel Added international travel for employees also subject to City Council approval. 15 4.2.2 – Automobile For those that receive an auto allowance, added clarification on how milage reimbursement is calculated for extraordinary travel beyond a 60-mile radius from City Hall. Applies to both to and from trips in each direction. 4A 7.2 Packet Pg. 479 4.2.3 – Air Travel Updated to include economy/ coach class or equivalent lowest class of seating. 4B 4.2.4 – Ground Transportation Updated to include ride sharing services and public transportation expenses. 4D 4.2.5 – Car Rental Removed reference to separate approval from CM. Covered as part of the Travel Authorization Form. 4C 4.2.6 – Parking and Tolls Expanded from just airport parking to parking in general, including any tolls. 4E 4.2.7 – Meals Same amounts established in original Policy in March 2006. Revised the daily per diem rates for each meal: Breakfast $15 Lunch $20 Dinner $35 to a cumulative amount of $75/day for all meal expenses, including tax and reasonable gratuities. 6A Existing Section 7, Communications This section has been deleted. Long time practice to provide Council Technology Stipend. Added reference in Compensation Reso. Increase amount from $43.25 to $50/month for consistency. 7 4.3.1.4 Unauthorized Expenses Added “guests” in the list of unauthorized expenses. 9D 4.4 - Advances Eliminates cash advances for per diem expenses. 8 4.5.5 – Violations Added clarifying language that the City Council is responsible for imposing any actions on individual City Council members and Appointed officials, and City Manager is responsible for imposing any actions on City employees, for violations of the Policy. 17 4.5.5 - Violations Removes reference to Civil penalties. Covered under Prosecution for misuse of funds in Section 4.5.5.4 17D 7.2 Packet Pg. 480 It is therefore recommended that the City Council approved the revised Travel, Expense and Reimbursement Policy and the Amended Schedule G to the City’s Compensation and Benefits Plan. PREPARED BY: REVIEWED BY: Attachments: 1. 7.2.a Resolution No. 2024-32 Travel Expense Reimbursement Policy 2. 7.2.b Exhibit A - Travel Expense Reimbursement Policy 2024-01 3. 7.2.c Resolution No. 2024-33 Amending Compensation Plan 4. 7.2.d Exhibit A - Benefit Matrix 2024-25 Schedule G Amendment Effective July 16, 2024 5. 7.2.e F-5 Travel Expense & Reimbursement Policy 2014 6. 7.2.f Gov Code Sections 53232.2 and .3 7.2 Packet Pg. 481 RESOLUTION NO. 2024-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING A TRAVEL, EXPENSE AND REIMBURSEMENT POLICY IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS 53232.2 AND 53232.3. WHEREAS, elected and appointed City Officials are responsible for promoting and protecting public health, safety and welfare; WHEREAS, these duties may require elected and appointed City Officials to travel to attend meetings with constituents and other local, state, federal and intergovernmental officials, professional educational seminars and conferences, and other events benefiting the City; WHEREAS, it is in the public interest to adopt a policy in accordance with state law that sets appropriate guidelines for City-sponsored travel and related expenses and reimbursements; and WHEREAS, the City Council desires to amend the existing Travel, Expense and Reimbursement Policy F-5 which was last updated on October 7, 2014 with the adoption Resolution No. 2014-40. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. Resolution No. 2014-40 is hereby rescinded in its entirety. Section 2. City Council Policy 2024-01, Travel, Expense & Reimbursement Policy, is hereby approved as shown in Exhibit A attached hereto and incorporated herein by reference, thereby replacing City Council Policy F-5. Section 3. This Resolution is adopted in accordance with Government Code Sections 53232.2 and 53232.3 so that the City of Diamond Bar may reimburse appropriate expenses incurred by elected and appointed officials while on authorized travel or otherwise engaged in City business. The City will not reimburse City Officials any amount greater than allowed by this Resolution for expenses incurred during the course of conducting City business, except under extraordinary circumstances with the approval of the City Council. Section 4. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and, to this end, the provisions of the Resolution are severable. 7.2.a Packet Pg. 482 Resolution No. 2024-32 2 Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions, which shall become effective immediately upon its approval. PASSED, APPROVED, and ADOPTED on this 16th day of July, 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 Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 16th day of July, 2024 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 7.2.a Packet Pg. 483 Resolution No. 2024-32 3 EXHIBIT A POLICY 2024-01 TRAVEL, EXPENSE & REIMBURSEMENT POLICY 7.2.a Packet Pg. 484 City Council Policy and Procedure Number: 2024-01 Reviewed: As-Needed Effective Date: 10/7/14 Revised Date(s): 7/16/24 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 1 of 6 Travel, Expense, and Reimbursement Policy 1. Purpose 1.1 The Travel, Expense and Reimbursement Policy (“Policy”) establishes uniform procedures for expenditures and reimbursements incurred by City Council members, appointed officials, and employees in the course of City business. This Policy also establishes travel authorization, expense reimbursement and reporting standards in compliance with California Government Code Sections 53232.2 and 53232.3. 2. Definitions 2.1 “City business” refers to the official duties of City Council members, appointed officials, and employees with a reasonable connection to: 2.1.1 City policy positions or strategic goals and department operations; 2.1.2 Advocacy efforts with local, regional, state, and/or federal representatives; 2.1.3 Participation in local, regional, state, and/or national organizations that advance the City’s interests; 2.1.4 Business attraction, retention, and economic development activities; 2.1.5 Education, training, and professional development; and 2.1.6 City-sponsored and co-sponsored events. 2.2 “City Council member(s)” refers to the Mayor, Mayor Pro Tem, and each member of the City Council. 2.3 “Appointed official(s)” refers to all members of City Council-appointed Commissions, committees, and/or task forces. 2.4 “Reimbursement” means all forms of payment for expenses incurred by City officials and employees in the course of their official duties whether paid directly by the City (City -issued purchasing card or City check) or advanced by city officials and employees with personal funds and later reimbursed from City funds. 7.2.b Packet Pg. 485 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 2 of 6 3. Policy 3.1 Expenses incurred by City Council members, appointed officials, and employees in the course of conducting City business are eligible for reimbursement, provided that the expenses do not exceed the rates set forth in this Policy and the amount appropriated in the annual budget. 3.2 The establishment of reasonable limits on expense reimbursement assures a prudent and responsible use of public funds and allows officials and employees to attend beneficial meetings, conferences, seminars, and events. 3.3 Absent unusual circumstances and only with the permission of the City Council, expense reimbursements will not exceed the amounts set forth in this policy. 3.4 This Policy applies to all City Council members, appointed officials, and employees. 4. Procedure 4.1 Approval of Travel 4.1.1 General. All reimbursement of expenses is contingent upon the availability of appropriated budgetary resources. 4.1.2 Council Members and Appointed Officials. Overnight travel for City Council Members shall be arranged through the City Manager’s Office and is subject to all provisions of this policy except as otherwise noted. Travel for appointed members of City Commissions shall be coordinated and arranged by the corresponding department. 4.1.3 Employees. Approval is required before incurring any travel expenses and is granted via a completed Travel Authorization Form with the appropriate signatures. For budgeted travel in California, approval is given by the employee’s Department Director. For non-budgeted or out-of-state travel, approval is given by both the Department Director and City Manager. 4.1.4 International Travel. All international travel must be authorized by the City Council and is subject to all provisions contained in this policy. 4.2 Authorized Expenses 4.2.1 General. Registration fees for approved conferences, seminars, events and meetings are reimbursable, and shall be paid in in advance by the City whenever possible. All travel arrangements 7.2.b Packet Pg. 486 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 3 of 6 should be made using the most economical (cost-effective and time-efficient) means available. Reasonable efforts to secure government, group, and/or conference rates should be made when making travel arrangements. 4.2.2 Automobile. City officials and employees who do not receive an automobile allowance should use City vehicles to the greatest extent possible. When necessary to use private automobiles, reimbursement will be at the current Internal Revenue Service (IRS) standard mileage rate per mile driven for business use. Mileage will be calculated to and from City Hall or the employee’s home, whichever distance is less. Out-of-area trips shall be reimbursed at the lesser of actual mileage expense or the least expensive available direct airfare. For Council Members and/or employees that receive an automobile allowance, mileage reimbursement is available only for the distance beyond a 60-mile radius from City Hall. For example, if the person receives an automobile allowance and the destination is 100 miles from City Hall, 40 miles are reimbursable in each direction (80 miles are reimbursable for a roundtrip of 200 mile). Pursuant to Government Code Section 1223, City Council members may elect to receive a flat monthly expense reimbursement of $300 for automobile expenses related to performance of their duties within a 60-mile radius of the City. The City Council finds that this amount accurately reflects actual automobile expenses within the City and its immediate environs. No monthly bill is required for reimbursement of this amount. 4.2.3 Air Travel. Air travel costs are reimbursable, based on the shortest and most direct route in economy/coach class or equivalent lowest class of seating. Whenever possible, air travel shall be booked at least fourteen (14) days in advance, so as to receive the lowest fares possible. Baggage fees and reasonable gratuities shall be considered reimbursable expenses. Flight insurance and in-flight beverages and entertainment are not reimbursable expenses. 4.2.4 Ground Transportation. Taxi, shuttle, ridesharing, and/or public transportation costs, including reasonable gratuities, incurred in the course of conducting City business are reimbursable when the cost of such fares is equal or less than the cost of car rentals, gasoline, and parking combined, or when such transportation is necessary for time-efficiency. Whenever feasible, the lowest cost transportation provider should be utilized. 7.2.b Packet Pg. 487 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 4 of 6 4.2.5 Car Rental. If deemed to be more economical than ground transportation alternatives, car rental expenses are reimbursable, including damage insurance coverage and fuel costs. Approval for the use of car rentals is required through the Travel Authorization Form. 4.2.6 Parking and Tolls. Parking and tolls incurred while conducting City business are reimbursable. Long-term parking must be used at airports. 4.2.7 Meals. Meals associated with City business will be reimbursed at a not-to-exceed daily amount of $75, including tax and reasonable gratuities, for all meals. Meals provided with an event or conference registration shall be taken whenever possible. Meals taken in place of such prepaid meals are not reimbursable. 4.2.8 Lodging. Overnight lodging expenses are reimbursable at the single- occupancy room rate. from the night preceding the start of the event through the night preceding the close of the event. If associated with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. In the event lodging is not available at the conference location, lodging may be secured at an alternate nearby location with every attempt to secure a rate not exceeding the published conference rate. Travelers must request government rates, when available. Lodging rates that are equal or less than government rates are presumed to be reasonable and reimbursable for purposes of this policy. When an additional charge is imposed for City business related internet/broadband access, the charge may be reimbursed as part of the room rate. 4.3 Unauthorized Expenses 4.3.1 Non-business/personal expenditures are not reimbursable, including but not limited to: 4.3.1.1 Personal expenses, such as laundering or barbering, etc. 4.3.1.2 Entertainment, except when it is a regularly scheduled part of the meeting being attended. 4.3.1.3 Purchase of alcoholic beverages. 4.3.1.4 Any expenses incurred by a city official or employee’s spouse, partner, family members, or their guests in 7.2.b Packet Pg. 488 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 5 of 6 connection with conference registration, event sponsorship, meals, transportation, or miscellaneous expenses. 4.3.1.5 Any personal expenses incurred outside the authorized event’s duration. For example, if a city official or employee elects to travel to an event in advance or stay longer on personal business, the City need only reimburse the official for roundtrip travel costs and costs associated with the authorized event. 4.3.1.6 Political or charitable contributions or events. 4.3.1.7 Expenses for which city officials receive reimbursement from another agency. 4.4 Advances 4.4.1 No cash per diem will be issued. To the greatest extent possible, all travel expenses, including conference and event registration, transportation, and lodging will be paid in advance using a departmental purchasing card. 4.4.2 All other expenses paid using personal funds will be reimbursed upon submittal of an approved Expense Report with itemized receipts. 4.5 Reporting and Compliance 4.5.1 All reimbursement claims must be reported by submitting the Expense Report form (Exhibit B). The Expense Report must be filed with the Finance Department within 14 days of returning from the approved trip or incurring the cost. Expense Reports must be accompanied by itemized receipts documenting each reported expense. 4.5.2 Inability to provide such documentation in a timely fashion may result in the expense being borne by the City official or employee. All reported expenses are subject to verification of accuracy and compliance with this policy. 4.5.3 At the next public meeting, Council Members and/or Appointed Officials must briefly report on the purpose of the travel. If multiple City officials attended, a joint report may be made. 4.5.4 All agency expenditures are public records subject to disclosure under the California Public Records Act. 4.5.5 The City Council is responsible for imposing any actions on individual City Council members and Appointed officials, and the City 7.2.b Packet Pg. 489 City Council Policy (2024-01) Revised Date: 7/16/2024 Page 6 of 6 Manager is responsible for imposing any actions on City employees, for violations of this policy which may result in: 4.5.5.1 Loss of travel and/or reimbursement privileges; 4.5.5.2 A demand for restitution from the City; 4.5.5.3 The City’s reporting the expenses as income to the City official or employee to state and federal tax authorities; 4.5.5.4 Prosecution for misuse of public resources; 4.5.5.5 For City Council members and Appointed officials, removal from an appointed commission, committee or board; and 4.5.5.6 For employees, discipline up to and including termination. 5. References 5.1 California Government Code Sections 53232.2 and 53232.3. 6. Exhibits 6.1 Travel Authorization Form 6.2 Expense Report 7.2.b Packet Pg. 490 RESOLUTION NO. 2024-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, AMENDING CITY OF DIAMOND BAR COMPENSATION PLAN AND FRINGE BENEFITS SCHEDULE G. WHEREAS, the City Council of the City of Diamond Bar adopted and amended the City of Diamond Bar Compensation and Benefits Plan (hereafter, the “Plan”) by adoption of Resolution No. 2024-20 for Fiscal Year 2024-25 effective June 29, 2024; and WHEREAS, the City Council of the City of Diamond Bar desires to reference and include a monthly increase of $6.75 to the Technology Stipend benefit allotment for City Council Members that may be used as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers, and/or phone/internet service in order to conduct City business. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby resolve as follows: Section 1. The Compensation and Benefits Plan Schedule G adopted by Resolution 2024-20, is hereby replaced in their entirety with the Compensation & Benefits Plan Schedule G attached hereto as Exhibit A, which shall be effective July 16, 2024. Section 2. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and, to this end, the provisions of the Resolution are severable. Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions, which shall become effective immediately upon its approval. PASSED, APPROVED AND ADOPTED this 16th day of July 2024. CITY OF DIAMOND BAR __________________________ Stan Liu, Mayor 7.2.c Packet Pg. 491 Resolution No. 2024-33 2 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of July 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Attachment: “Exhibit A” - Compensation and Benefits Plan Schedule G; Amended July 16, 2024 7.2.c Packet Pg. 492 Resolution No. 2024-33 3 EXHIBIT A Compensation and Benefits Plan Schedule G; Amended July 16, 2024 7.2.c Packet Pg. 493 Schedule G Effective 6/29/2024 Amended by City Council 7/16/2024 1 CITY OF DIAMOND BAR FY 2024-2025 BENEFITS Benefits Paid By Eligibility Details Benefit Allotment City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. A monthly allotment of $1,720 (pro-rated for regular part-time employees) which can be applied to selected benefit options. a) Members of the City Council, Executive Management and employees defined as full-time exempt receive $1,750 per month. b) Premiums for selected benefits options are paid from the monthly benefit allotment. The total of all premiums for selected benefits that exceed the monthly health benefit allotment are paid at the employees’ expense as a bi- weekly pre-taxed payroll deduction. c) Employees who are not encumbering their entire benefit allotment will have those funds applied to a Section 457 deferred compensation plan offered through MissionSquare. Health Benefit Allotment Designated officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. Health coverage offered through the California Public Employees’ Retirement System (CalPERS). Employees may select from available HMO and PPO plan options. Premiums vary depending on the health plan selected. If health coverage is selected, the premium is deducted from the monthly benefit allotment. Dental City Paid*/ Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. Two dental plans are available (Delta Care Prepaid or Delta Dental DPO) to Designated Officials, Regular Full-Time and Regular Part-Time employees and their eligible dependents. *The City pays for employee coverage. If dependent coverage is selected, the additional premium is deducted from the monthly benefit allotment. Delta Care Delta Care is a pre-paid dental plan, which offers affordable HMO coverage. This option provides orthodontics coverage. Delta Dental Delta Dental is Delta’s Preferred Option (DPO) plan, which allows visits to any dentist of choice. The program provides the maximum benefit when using a DPO dentist. DPO dentists are Delta dentists who have agreed to charge DPO patients reduced fees. Vision City Paid*/ Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire or during the annual open enrollment period. *The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly benefit allotment. Vision Services Plan (VSP) network provides exams, prescription glasses, contact lenses, and a second pair of glasses each year. Co-pays apply. Life/ ADD Insurance City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. Life Insurance and Accidental Death & Dismemberment (ADD) Insurance provided to all Designated Officials ($50,000 benefit); Executive Management ($200,000); Exempt Mgt. ($150,000); and Regular Full-Time and Regular Part- Time employees ($75,000 benefit). 7.2.d Packet Pg. 494 Schedule G Effective 6/29/2024 Amended by City Council 7/16/2024 2 Supplemental Life Insurance Employee Paid through the Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This is an optional benefit. If Supplemental Life Insurance is selected, the premium is deducted from the monthly benefit allotment. Supplemental insurance is purchased in increments of $10,000 up to $300,000. A spouse is eligible up to half the amount selected by the employee in increments of $10,000. The cost for each $10,000 of coverage is based on age. State Disability Insurance (SDI) Employee Paid through mandatory payroll deduction Regular Full-Time, Regular Part-Time, Part-Time/seasonal, and intermittent employees upon hire. This benefit provides affordable, worker-funded benefits to eligible workers suffering a full or partial loss of wages due to disabilities which are not work related for up to 12 months. Disability also includes elective surgery and disabilities related to pregnancy or childbirth. Short-term & Long-term Disability (STD/LTD) City Paid Regular Full-Time and Regular Part- Time employees upon hire. This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week. Retirement City/ Employee Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. A comprehensive retirement through the Public Employees’ Retirement System (CalPERS). Regular Full-Time and Regular Part-Time employees of the City are automatically enrolled as a member of CalPERS and thus DO NOT participate in Social Security. To become vested in CalPERS an employee must be a member for a minimum of five (5) years. Current employees and employees hired after January 1, 2013 who are existing CalPERS members or a member of an agency with reciprocity with the City of Diamond Bar will be enrolled in the 2% @ 55 retirement benefit formula. Employees hired after January 1, 2013 who have never been a CalPERS member, or is a member of a retirement system (CalPERS) reciprocal but has a break in service longer than six months will be enrolled in the 2% @ 62 retirement benefit formula. Employees in this formula will contribute half of the normal benefit cost for this retirement benefit. Retirement Benefit for Designated Officials Ineligible for CalPERS City Paid (Contribution into City sponsored 457 Deferred Comp. Plan in amount equal to current CalPERS Emp. rate.) Designated Officials that are retired from CalPERS at time of election into office OR retire from CalPERS during term in office. City contribution to the Designated Official’s City sponsored 457 Deferred Compensation plan (MissionSquare). The monthly contribution will be equal to the City’s current CalPERS rate of contribution for Employee only. (Such Designated Officials would not be eligible for CalPERS retirement benefits as CalPERS law prohibits re-enrollment after retirement.) Retirement- Deferred Compensation Employee mandatory payroll deduction. Part-Time/Seasonal and Intermittent employees upon hire. A minimum employee contribution rate of 7.5% pre-tax of wages to a City sponsored 457 Deferred Compensation plan (MissionSquare). 1959 Survivor Benefit City/ Employee, through Benefit Allotment Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This benefit, provided through CalPERS Retirement, is paid along with other death benefits, whether or not the employee was eligible to retire at the time of their death. The monthly benefit amount formula depends on the number of eligible survivors. 7.2.d Packet Pg. 495 Schedule G Effective 6/29/2024 Amended by City Council 7/16/2024 3 Employee Assistance Program (EAP) City Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. Face-to-face assessment, treatment, and follow-up to help resolve a broad range of personal, work, and family problems. Employees and eligible family members can receive up to 3-sessions per incident with professional counselors for early intervention and treatment. Section 125 Cafeteria Plans/ Reimbursement Accounts Employee Paid Designated Officials, Regular Full-Time and Regular Part- Time employees upon hire. This is an optional benefit. At the beginning of the plan year, each participating employee selects an amount up to the maximum set by the City for each plan. The amount selected is calculated into a bi-weekly, pre-taxed payroll deduction. Healthcare Flexible Spending Account- Also known as a Healthcare Reimbursement Account, the employee may designate pre-tax dollars, up to a maximum of $2,500 per calendar year for out-of-pocket healthcare expenses not covered by their medical, dental, or vision insurance plans. Dependent Care Flexible Spending Account- Also known as a Day Care or Childcare Reimbursement Account, the designated pre-tax dollars, up to a maximum of $5,000 per household- per calendar year, must be related to expenses which are for dependent care that enables the employee to remain gainfully employed. COBRA Employee Paid Designated Officials, Regular Full-Time and Regular Part- Time employees, enrolled in qualifying health, dental, vision, and EAP plans. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. Medicare City/ Employee, through mandatory payroll deduction Designated Officials, Regular Full-Time and all Part-Time employees upon hire. Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 has 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City matches the 1.45 percent as mandated by law. Deferred Compensation Employee Paid Designated Officials, Regular Full-Time, Regular Part-Time and Temporary Part- Time employees upon hire. A Section 457 deferred compensation plan is made available through MissionSquare. Employees not encumbering their entire health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions at their expense as a pre-taxed payroll deduction. Total deferral contributions are not to exceed limits under Section 457 of the Internal Revenue 7.2.d Packet Pg. 496 Schedule G Effective 6/29/2024 Amended by City Council 7/16/2024 4 Code. Temporary Part-Time employees are required to contribute 7.5% of their pre-tax salary to a deferred compensation account in lieu of participating in Social Security. Automobile Allowance City Paid Designated Officials, Executive Mgt. and Exempt Mgt. upon hire. A monthly car allowance of $120 for Exempt Management, $250 for Executive Management and $300 for City Council Members in lieu of mileage reimbursement. Tuition Reimbursement City Paid Regular Full-Time and Regular Part- Time employees upon hire. Full-time and regular part-time (on a pro-rated basis) employees are eligible to receive reimbursement in the amount of $1500 per fiscal year, for college-level or university-level educational courses. Personal Computer Loan Program Employee Paid Regular Full-Time and Regular Part- Time employees upon hire. Interest-free loans between $250 and $2,500 for the purpose of financing a personal computer, a printer, and/or City- compatible software are available to eligible employees so they can learn and gain experience by working with a personal computer away from the office and outside of regular business hours. An employee may purchase a more expensive system, but he/she must pay the balance over $2,500. The loan covers 90% of the total price of the equipment/software being purchased. The employee pays the remaining 10% of the purchase price at the time of purchase. Loans are made on a first-come, first-served basis based on available funds. Once the money for the employee loans has been obligated, the fund will be replenished through payroll deductions from outstanding loans. New loans will then be made as funds become available. Loans will be for a maximum term of 24 months and will be repaid through payroll deductions on a biweekly basis. Technology Stipend City Paid Designated Officials, Executive Mgt., Exempt Mgt., and full-time staff based on emergency response responsibilities. Executive and Exempt Management are eligible to receive a monthly stipend of $100 as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers, and/or phone/internet service in order to conduct City business and to respond in emergency situations. City Council Members and Ddesignated key full-time staff that are required to respond in emergency situations will be eligible for a $50 stipend on a monthly basis. 7.2.d Packet Pg. 497 7.2.e Packet Pg. 498 7.2.e Packet Pg. 499 7.2.e Packet Pg. 500 7.2.e Packet Pg. 501 7.2.e Packet Pg. 502 7.2.e Packet Pg. 503 7.2.e Packet Pg. 504 7.2.e Packet Pg. 505 TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) 53232.2. GOVERNMENT CODE - GOV ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) (a) When reimbursement is otherwise authorized by statute, a local agency may reimburse members of a legislative body for actual and necessary expenses incurred in the performance of official duties, including, but not limited to, activities described in Article 2.4 (commencing with Section 53234). (b) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify a member of the legislative body to receive reimbursement of expenses relating to travel, meals, lodging, and other actual and necessary expenses. (c) The policy described in subdivision (b) may also specify the reasonable reimbursement rates for travel, meals, and lodging, and other actual and necessary expenses. If it does not, the local agency shall use the Internal Revenue Service rates for reimbursement of travel, meals, lodging, and other actual and necessary expenses as established in Publication 463, or any successor publication. (d) If the lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of Section 54952.2, including, but not limited to, ethics training required by Article 2.4 (commencing with Section 53234), lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the requirements of subdivisions (c) and (e). (e) Members of the legislative body shall use government and group rates offered by a provider of transportation or lodging services for travel and lodging when available. (f) All expenses that do not fall within the adopted travel reimbursement policy or the Internal Revenue Service reimbursable rates as provided in subdivision (c), shall be approved by the governing body, in a public meeting before the expense is incurred, except as provided in subdivision (d). (g) If a member of a legislative body chooses to incur additional costs that are above the rates established pursuant to this section and those costs have not been approved pursuant to subdivision (f ), then the member of a legislative body may do so at his or her own expense. (h) This section shall not supersede any other laws establishing reimbursement rates for local agencies. (Amended by Stats. 2006, Ch. 643, Sec. 10. Effective January 1, 2007.) 6/26/24, 8:40 AM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.3.§ionNum=53232.2.&op_statues=2… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.3.§ionNum=53232.2.&op_statues=2006&op_cha…1/1 7.2.f Packet Pg. 506 TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. ) CHAPTER 2. Officers and Employees [53200 - 53299] ( Chapter 2 added by Stats. 1949, Ch. 81. ) 53232.3. GOVERNMENT CODE - GOV ARTICLE 2.3. Compensation [53232 - 53232.4] ( Article 2.3 added by Stats. 2005, Ch. 700, Sec. 3. ) (a) If a local agency reimburses members of a legislative body for actual and necessary expenses incurred in the performance of official duties, then a local agency shall provide expense report forms to be filed by the members of the legislative body for reimbursement for actual and necessary expenses incurred on behalf of the local agency in the performance of official duties. Reimbursable expenses shall include, but not be limited to, meals, lodging, and travel. (b) Expense reports shall document that expenses meet the existing policy, adopted pursuant to Section 53232.2, for expenditure of public resources. (c) Members of a legislative body shall submit expense reports within a reasonable time after incurring the expense, as determined by the legislative body, and the reports shall be accompanied by the receipts documenting each expense. (d) Members of a legislative body shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the legislative body. (e) All documents related to reimbursable agency expenditures are public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (Amended by Stats. 2021, Ch. 615, Sec. 195. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.) 6/26/24, 8:41 AM leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.3.§ionNum=53232.3.&op_statues=2… https://leginfo.legislature.ca.gov/faces/printCodeSectionWindow.xhtml?lawCode=GOV&article=2.3.§ionNum=53232.3.&op_statues=2021&op_cha…1/1 7.2.f Packet Pg. 507