Diamond Bar City Council
May 17, 2022

City Council Agenda
Tuesday, May 17, 2022
Study Session 5:00 PM
Regular Meeting 6:30 PM
PUBLIC ADVISORY:

Consistent with State Assembly Bill 361, members of the City Council may be present or participate telephonically. Members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting either in person at Windmill Community Room, Diamond Bar City Hall, 21810 Copley Dr., Diamond Bar, California, 91765 or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended.

How to Observe the Meeting From Home:

The public can observe the meeting by calling +1 (914) 614-3221, Access Code: 303-365-153 OR visit:
https://attendee.gotowebinar.com/register/4178556925418930703.

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 [email protected] 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/4178556925418930703. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise.

American Disability Act Accommodations:

Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting.

The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus.

NANCY A. LYONS
Council Member

STAN LIU
Council Member

STEVE TYE
Council Member
RUTH M. LOW
Mayor

ANDREW CHOU
Mayor Pro Tem
City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana

DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.

PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk.

Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration.

Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal.

Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting.

INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda.

HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov
General information: (909) 839-7000
Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours.

THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED.

THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR

LIVE VIEWING AT
HTTPS://REGISTER.GOTOWEBINAR.COM/REGISTER/4178556925418930703 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV.

CITY OF DIAMOND BAR

CITY COUNCIL AGENDA
May 17, 2022
STUDY SESSION: 5:00 p.m.

Public Comments
STUDY SESSION RE: FISCAL YEAR
2022/23 OPERATING BUDGET
CALL TO ORDER: 6:30 p.m.

PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Rob Beunk, Landmark Church
ROLL CALL: Liu, Lyons, Tye, Mayor Pro Tem Chou,
Mayor Low
APPROVAL OF AGENDA: Mayor

1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:

1.1 Business of the Month – Sherwin Williams

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 MAY 17, 2022 PAGE 2
values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda.

4. SCHEDULE OF FUTURE EVENTS:

4.1 Parks and Recreation Commission Meeting – May 19, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr.

4.2 Bridal Show at the Diamond Bar Center – May 22, 2022, 11:00 a.m.-3:00 p.m. 1600 Grand Ave.

4.3 Planning Commission Meeting – May 24, 2022, 6:30 p.m. online teleconference and Windmill Room, 21810 Copley Dr.

4.4 City Council Meeting – June 7, 2022, 6:30 p.m. online teleconference and AQMD Auditorium, 21865 Copley Dr.

5. CONSENT CALENDAR:

All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration.

5.1 CITY COUNCIL MINUTES OF THE MAY 3, 2022 STUDY SESSION AND REGULAR MEETING.

5.1.a May 3, 2022 Study Session Minutes

5.1.b May 3, 2022 City Council Minutes
Recommended Action:

Approve the May 3, 2022 Study Session and Regular City Council meeting minutes.

Requested by: City Clerk

5.2 RATIFICATION OF CHECK REGISTER DATED APRIL 27, 2022 THROUGH MAY 10, 2022 TOTALING $466,229.40.

Recommended Action:

Ratify the Check Register.

MAY 17, 2022 PAGE 3
Requested by: Finance Department

5.3 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY

COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.

Recommended Action:

Adopt Resolution No. 2022-23, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees.

Requested by: City Manager

5.4 ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH
PROCLAMATION.

Recommended Action:

Adopt the Proclamation declaring May as Asian American and Pacific Islander Heritage Month.

Requested by: City Manager

6. PUBLIC HEARINGS:

6.1 CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT - VESTING TENTATIVE TRACT MAP NO. 54081, DEVELOPMENT REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT (PLANNING CASE NO.

PL2017-203)
Recommended Action:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing;
B. Adopt Resolution No. 2022-24 adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program; and
C. Adopt Resolution No. 2022-25 approving Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution.

Requested by: Community Development Department
MAY 17, 2022 PAGE 4

6.2 RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2022/23.

Recommended Action:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and
B. Adopt Resolution No. 2022-26 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2022/23.

Requested by: Public Works Department

6.3 RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 41-2021 FOR FISCAL YEAR 2022/23.

Recommended Action:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and
B. Adopt Resolution No. 2022-27 to levy and collect assessments for Landscape Assessment District No. 41-2021 for Fiscal Year 2022/23.

Requested by: Public Works Department

7. COUNCIL CONSIDERATION:

7.1 ORDINANCE NO. 02 (2022) REGARDING ELECTRONIC FILING OF

CAMPAIGN DISCLOSURE STATEMENTS AND STATEMENTS OF
ECONOMIC INTEREST.

Recommended Action:

Introduce first reading by title only, waive full reading of Ordinance No. 02 (2022) entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING CHAPTER 2.06 TO TITLE 2

OF THE DIAMOND BAR MUNICIPAL CODE REGARDING ELECTRONIC

FILING OF CAMPAIGN DISCLOSURE STATEMENTS AND
STATEMENTS OF ECONOMIC INTEREST”, and, schedule the second reading and adoption at the next regularly scheduled City Council meeting.

Requested by: City Clerk

8. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS:

9. ADJOURNMENT:

Agenda #: 1
Meeting Date: May 17, 2022

CITY COUNCIL STUDY SESSION REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Daniel Fox, City Manager
FROM: Jason Jacobsen, Finance Director
TITLE: STUDY SESSION RE: FISCAL YEAR 2022/23 OPERATING BUDGET BACKGROUND:

Each year, the City prepares an annual Operating Budget and Capital Improvement Program for City Council consideration that implements the Council’s priorities and Strategic Plan Goals, and provides the financial resources to deliver services to the community. The preparation of the annual budget is a significant and important undertaking that takes place over the course of more than five months.

Below is the schedule for the preparation of the FY 2022/23 City Budget:
• Council Study Session on FY 2022/23 General Fund Special One-Time Funding – Held April 19, 2022.
• Council Study Session on FY 2022/23 Capital Improvement Program and Five-Year Capital Improvement Program Review – Held May 3, 2022. • Council Study Session on Draft FY 2022/23 Operating Budget – Scheduled for May 17, 2022.
• Adoption of the FY 2022/23 City Budget – Scheduled for June 7, 2022.

On May 3, 2022, the City Council held a Study Session to review the Draft Capital Improvement Program. At that meeting the City Council requested that staff prioritize the future Maple Hill Park Playground and Restroom Renovation Project. As a result, funding for this project in the amount of $660,000 ($60,000 for design cost/$600,000 construction) has been added to the Draft FY 2022/23 CIP Budget and will be funded by the Park & Facilities Development Fund (estimated available fund balance will be approximately $700,000 as of July 1, 2022). The City’s Draft FY 2022/23 CIP Program Budget now stands at $9,360,000.
1 Packet Pg. 7
The purpose of this Study Session is to provide the City Council with an opportunity to review the combined Draft FY 2022/23 Operating Budget and Capital Improvement Program. Based on direction received, appropriate revisions and refinements will be made and presented to the City Council for adoption at the June 7, 2022 City Council meeting. It is anticipated that there will be other minor adjustments identified subsequent to that study session. Staff will summarize all differences from the draft budget reviewed at the study session with the City Council at the June 7, 2022 meeting.

ANALYSIS:

It goes without saying that throughout this past year, the COVID-19 global pandemic continued to be a devastating worldwide health crisis impacting the United States, including California, LA County and Diamond Bar. Conditions have continually improved following the significant surge in cases fueled by the Omicron variant in January/February 2022. While not totally eradicated, there is optimism that as more persons are vaccinated and boosted, new cases, hospitalizations and related deaths will remain low and community spread will be held in check to allow for the State, County and City to restore programs and services to pre-pandemic levels.

On March 11, 2021 the President signed the American Rescue Plan Act (ARPA) which is a $1.9 trillion relief package to mitigate the continuing effects of the COVID-19 pandemic. Of that amount, approximately $64 billion has been allocated through the State and Local Fiscal Recovery Program to provide direct and flexible financial resources for every city and town in the nation. The City of Diamond Bar anticipates receiving $6.8 million in ARPA funds, with the final installment expected in July 2022.

These funds may be used for a broad range of purposes including the replacement of lost revenue, restoration of City programs and services, COVID-19 expenses not otherwise reimbursed, and projects that help build resiliency and financial stability for the residents and businesses of the City.

As a result, the proposed FY 2022/23 Budget provides a positive outlook and continues to restore many City programs and services, advance deferred maintenance and Capital Improvement Projects, and focuses on key initiatives consistent with the City’s Long-Term Financial Stability Report and Strategic Plan. However, the City remains cautious given the pressure on rising costs driven by a competitive labor market, higher fuel prices and the possibility that the recent steep rise in inflation may lead to a recession.

FY 2022/23 Proposed General Fund Budget Overview
The Draft Operating Budget for the General Fund currently reflects the following estimated resources and expenditures as well as a minor surplus of $566,132. No use of General Fund Reserves is programmed for the FY 2022/23 Operating Budget:

Estimated Resources $31,940,212
Estimated Expenditures $31,374,080
Surplus +$566,132
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The above estimates reflect a budgeted 8.0%, or $2.0 million increase in General Fund revenue from the prior’s year revised revenue budget, less Transfers-In. This increase is in large part due to a return to a pre-COVID-19 operating environment.

One-Time Resources Related to the American Rescue Plan Act (ARPA) The Transfers-In for both the current FY 2021/22 and proposed FY 2022/23 include amounts being transferred from the COVID-19 Recovery Fund to replace “lost revenues” as a result of the pandemic. As mentioned above, the source of these funds is the Federal Government’s American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Program. The City of Diamond Bar received $3.4 million in FY 2021/22 which was used to fund essential government services (e.g. public safety) housed in the General Fund. Additionally, the City anticipates receiving another $3.4 million in FY 2022/23 to be used for similar purposes. As a result of these one-time federal monies, and a strong fiscal recovery for the City, staff identified sufficient resources in the amount of $5.1 million that could be utilized for thirteen (13) projects needed throughout the City. These projects will protect and enhance existing critical facilities such as the Diamond Bar Center and City Hall, provide resiliency in technology that benefits the community and city operations, and make investment in the long-term economic future of the community. These projects were presented and approved to move forward by the City Council at the City’s Draft FY 2022/23 Budget Study Session held on April 19, 2022:

PROJECT BUDGET
Diamond Bar Center Slope Stablization (CIP) $ 1,245,000 Town Center Specific Plan $ 940,000
Diamond Bar Center HVAC Replacement (CIP) $ 750,000
Enterprise Land Management System $ 500,000
City Hall Roof Rehab/Solar Panels (CIP) $ 500,000
Diamond Bar Center Lighting / AV Rplmt (CIP) $ 350,000
Diamond Bar Center Door Replacements/ADA Upgrades (CIP) $ 350,000 Citywide Camera Replacements/Upgrades $ 188,300
Park Info Signage Replacements City-Wide $ 75,000
Network Hardware Replacement - Fat Pipe $ 72,000
DBC Furniture/Kitchen Equipment Replacements $ 70,000
Sportfield Lighting Control Link (CIP) $ 60,000
Tablet Replacements $ 31,000
TOTAL $ 5,131,300
Revenue Highlights – General Fund: $31,940,212
The following are noteworthy General Fund revenue items incorporated into the proposed FY 2022/23 Operating Budget. The table below displays the current FY 2021/22 Council-authorized budget, the proposed budget for next FY 2022/23, and the percent of change for next fiscal year.
1 Packet Pg. 9
Property Taxes Revised
FY 21/22
Proposed
FY 22/23
The estimated change in the City's net taxable value of real property (including unsecured property) in the City increased by

4.4% for FY 2022/23 which will result in an overall increase to Property Tax revenue of 3.4%. The City uses HdL as a
consultant to help monitor and project this major City revenue sources. Property Taxes have not have been impacted by the COVID-19 pandemic.
$6,036,150 $6,241,789
+3.4%
Property Tax in Lieu of VLF (Vehicle License Fees) Revised FY 21/22
Proposed
FY 22/23
This revenue source grows at the same general pace as the City's net assessed valuation. The City’s consultant, HdL, also assists with the projection of this significant revenue item. The same kind of sustained growth was experienced through the pandemic.
$6,908,000 $7,209,762
+4.4%
Sales Taxes Revised
FY 21/22
Proposed
FY 22/23
Sales tax revenue continue to show signs of improvement and is projected to increase by 6.0% $5.8 million. This amount is partially driven by continued strength in the building industry sector, strong demand for consumer goods, restaurants and hotels, online sales, and higher fuel prices which are expected to remain high through most of the year. This amount exceeds preCOVID levels by approximately $600 thousand. $5,563,000 $5,798,000
+6.0%
Transient Occupancy Taxes Revised
FY 21/22
Proposed
FY 22/23
With the reopening of the economy to travel and gatherings, Transient Occupancy Tax is projected to increase by 40.0% to $1,300,000. This amount represents a return to pre-COVID-19 revenues and surpasses FY 2018/19 revenues by $140,000. $1,000,000 $1,300,000
+40%
Use of Money & Property - Investments Revised
FY 21/22
Proposed
FY 22/23
Investment Income is anticipated to increase as the City's portfolio holdings benefit from the rising interest rate environment.
$417,500 $630,000
+50.9%
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Current Service Charges Revised
FY 21/22
Proposed
FY 22/23
Building Permit Activity – Revenue from Building, Planning and Engineering activity is estimated to be higher than projected in the current year.
$1,273,150 $1,473,049
+15.7%
Facility Rentals – Facility Rentals were essentially eliminated during the COVID-19 period, and only Cell Tower rental revenue remained. Staff is projecting a full year of activity and rentals at the Diamond Bar Center with revenue anticipated to more than double in FY 2022/23. Cell Tower revenue remains unchanged at $160,000.
$345,550 $759,250
+119.7%
Recreation Programs – Similar to Facility Rentals (above), staff is anticipating a return to normal for these programs in the new fiscal year, and the anticipated revenue reflect an increase in this activity for FY 2022/23
$463,265 $591,955
+27.8%
Gas Tax – Transfer In Revised
FY 21/22
Proposed
FY 22/23
The Transfer-In from the Gas Tax fund supports the City’s street maintenance budget. This amount varies from year to year based on the level of budgeting set by Public Works for the anticipated maintenance activities for a particular year. The FY 2022/23 overall Transfer-In will remain unchanged from the prior year, and will reimburse all eligible costs included in the General Fund budget.
$1,049,000 $1,049,000
+0.0%
Expenditure Highlights - General Fund: $31,374,080
Proposed General Fund expenditures for FY 2022/23 have increased $1.7 million, or

5.9%, when compared to the current FY 2021/22 Revised Budget. The following highlighted items have been incorporated into the expenditure estimates:
• Public Safety
Law Enforcement – The FY 2022/23 Los Angeles County Sheriff’s Department contract amount is approximately $7.77 million, representing the single largest line item and approximately 23.2% of proposed General Fund expenditures— this figure is down from 26.5% in FY 2021/22. The LASD contract amount reflects a net increase of $41,000 year over year, inclusive of a contract rate increase of 1.45% plus a Liability Trust Fund (LTF) surcharge of 11% on each contracted position.

The General Fund includes a transfer-in from the Law Enforcement Reserve Fund in the amount of $100,000 for as-needed special assignments and suppression patrols which have proven to be a cost-effective approach to 1 Packet Pg. 11
reducing crime and responding to specific public safety issues throughout the year.

Crossing Guard Services – The City provides Crossing Guard Services at seven (7) elementary schools and two (2) middle schools with a total of 17 guards. This represents a decrease in two (2) guards from previous years due to the closure of Diamond Point elementary school. The total budget for crossing guard services in currently estimated at FY 2022/23 is $230,000. Staff is currently reviewing proposals for a new contract and may need to revise the amount prior to budget adoption.

Animal Control – The City has contracted with the Inland Valley Humane Society (IVHS) for animal control and licensing services since incorporation.

The IVHS contract includes the total gross cost, with ALL licensing revenue collected to be credited to the City. The net contract cost is the amount included in the annual operating budget which anticipates that the contract will be based on a total gross cost of $499,200. This amount reflects a $19,200 increase compared to the prior year to accommodate for a 4% CPI adjustment.

Canvassing is anticipated to take place citywide during FY2022/23, and based on the anticipated increase in licensing revenue, the overall net cost for animal control services is expected to be $384,200 which is a 2.7% or $10,800 decrease from the previous year. Though slightly lower year over year, similar to the City’s other Public Safety service providers the IVHS contract cost has increased over time due to variability in licensing revenues. Staff is working with the IVHS Liaison Committee to better understand future contract costs and identify ways to better mitigate future cost increases. At the request of IVHS, the City anticipates working with IVHS on a comprehensive Municipal Code update to ensure a consistent operating environment with the goal of standardizing procedures and minimize cost increases.
• Human Resources
“Human Capital Investment Program” – Each year, the City Council adopts the Compensation and Benefits Plan for the upcoming fiscal year which includes cost of living adjustments, and employee positions with associated salary ranges and benefits. Regionally speaking, the City is experiencing a considerably volatile and evolving human resources environment. To remain an “Employer of Choice” in the region the City must continue to reinvest in its personnel (i.e. human capital) in a manner similar to its capital projects and infrastructure. To identify and prioritize investment in organizational staffing and organizational structure, and to maintain, enhance and expand City programs, the City has developed a focused effort, led by members of the City Manager’s executive team, referred to as the Human Capital Investment Program (HCIP).

Cost-of-Living Adjustment – The City’s Personnel Rules and Regulations specify that the City Manager may request that the City Council authorize a Cost-of-Living Adjustment (COLA) for employees based on the March-to-March rates of the federal Consumer Price Index (CPI) for Wage Earners and Clerical 1 Packet Pg. 12
Workers in Los Angeles/Orange Counties. This year’s CPI calculation sharply rose in March 2022 to 8.67%. In order to avoid real wage losses and remain an “Employer of Choice” in the surrounding Los Angeles, Orange, Riverside and San Bernardino counties, it is recommended that the salary schedules for all benefitted classifications of employment including all executive positions, such as Department Directors, Assistant City Manager and City Manager, be increased by 5% in July 2022 and again by 3% in January 2023. A $50 per month increase to the Benefit Allotment is also recommended for all benefitted classifications of employment including the executive positions and members of the City Council to help keep up with corresponding health premium rate increases. The annual cost of the COLA and Benefit Allotment increase is approximately $497,107.

Departmental Reorganizations – The City Council, through its Strategic Plan, has made the development of a high-performing organization with a positive, value-based culture that attracts and retains talent a priority. It is the duty and responsibility of the City Manager to periodically review departmental operations and staffing structures, and conduct long-term organizational and succession planning for the efficient and cost-effective delivery of services to the public. To continue to be known as an “Employer of Choice” in the region and improve customer experience, a series of reclassifications and new positions are recommended. To recognize increased responsibilities of certain positions, it is recommended that two existing full-time employees be reclassified from Administrative Assistant to Administrative Coordinator, that a full-time Senior Office Specialist be reclassified to Administrative Assistant and one Senior Maintenance Worker be reclassified to a Facilities and Asset Maintenance Technician. The fully burdened cost (salary plus benefits) to implement the four reclassifications is $25,225.

Additionally, to enhance the customer service experience, increase productivity and accuracy, and to create business process efficiency, it is recommended that a full-time benefitted Accounting Technician and Permit Technician be added. It is also recommended that a full-time benefitted Neighborhood Improvement Officer be added so that a more proactive approach to code enforcement efforts can be attained as well as provide opportunity for as-needed weekend coverage. All three of these new positions will be FLSA non-exempt. The City budgets for new positions conservatively at the top step of the salary range; therefore, the approximate cost, including benefits, to fill all three positions in FY 2022/23 is budgeted at $249,932.

It should be noted that excluding the aforementioned increases to personnel, the total General Fund budget for full-time benefitted staff in FY 2022/23 would be $163 thousand less than the prior year. This is due to retirements of longtenured staff as well as reduced retirement costs related to the recruitment of new employees, and reflects the long-term trend towards stable personnel costs for the City.
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• Parks & Recreation Programs – The proposed Budget is optimistic that valuable programs, services, and events can return to the community with the ability to reinstate community services while focusing on participant and staff safety.

Programs and events offered this year include summer youth day camp, full park amenities, field allocations, contract classes, picnic reservations, and Concerts-inthe-Park. Virtual programs such as BINGO, Tiny Tots, the Windmill Hunt, and “May the Fourth Be With You” continue to bring together a diverse community of all ages.

Based on recent community interest and as guidelines are modified, the gradual reopening of the Diamond Bar Center for rentals can also be anticipated this summer. In addition, we look forward to the return of senior activities, youth indoor sports, and other in-person activities.

Expenses for recreation programs and operations at the Diamond Bar Center have been increased commensurate with the anticipated activities, and with a combined budget of $3.9 million the budget has slightly surpassed pre-COVID levels of $3.5 million. Taken alone, the Recreation Department’s program budget of $1.25 million for FY 2022/23 represents an increase of $152 thousand year over year. Moreover, operations at the Diamond Bar Center are budgeted at $1.48 million, and increase of $60 thousand from the prior year.

Special Revenue Fund Highlights
• Lighting & Landscape Assessment Districts (LLADs) – Much work has been done over the past two years to help address the operating deficits and reduce the General Fund subsidies to the LLADs. In May 2021, LLAD 41 was formally dissolved, and in July 2021, a new Prop 218 ballot process was approved by the property owners. In January 2022, LLAD 39 was formally dissolved, and in March 2022 a new Prop 218 ballot process was approved by the property owners. The new assessments will make each of the Districts more sustainable over time without reliance on General Fund resources. Total contributions to the Districts for FY 2022/23 are budgeted at $212 thousand. Budgeted resources and expenditures for all three districts for FY 2022/23 are as follows:

Proposed FY 2022/23 Budget LLAD No. 38 LLAD No. 39-2022 LLAD No. 41-2021 Resources
Assessment Revenue $ 276,720 $ 612,713 $ 293,471
General Fund Contributions 157,689 43,443 10,986
Use of Fund Balance 17,462 -
Total Resources $ 451,871 $ 656,156 $ 304,457
Total Expenditures $ 451,871 $ 597,189 $ 286,079
Addition to Fund Balance $ - $ 58,967 $ 18,378
• AB 2766 Air Quality Management District Fund (251) – The proposed budget of $199,000 is recommended for the acquisition of approximately ten (10) new laptops, to accommodate citizen requests for neighborhood traffic management 1 Packet Pg. 14
improvements, and to fund the purchase of one (of two) zero emissions vehicles to satisfy the grant funding requirements for the new electric vehicle charging station.

Internal Service Funds Highlights
• Debt Service Fund (401) – In May 2021, the City refunded the outstanding Lease Revenue Bonds associated with the original acquisition and construction of the Diamond Bar Center. This achieved a gross savings of $1.736 million and present value savings of $1.63 million (or 20.85%) for the General Fund, which translates to approximately $144,700 in average annual debt service savings for the remainder of the term through June 1, 2033 at an effective interest rate of 1.15%. The 2021 Bonds were rated by S&P as AA+ (top rating for this type of bond) which is a testament to the Council’s conservative and prudent fiscal policies. The total debt service (principal and interest) will be $716,200 for the upcoming year and are funded by a transfer-in to the Debt Service Fund from the General Fund. • Self-Insurance Fund (501) – CJPIA covers the City’s property, pollution liability, crime, workers’ compensation and general liability needs. The premiums are anticipated to be approximately $512,600, which is an increase of $85,000, or

19.9%, over the FY 2021/22 premiums.
• Vehicle Maintenance & Replacement Fund (502) – The proposed budget of $205,650 is recommended for necessary operations and maintenance of the City’s fleet, as well as the purchase of two zero emissions vehicles to satisfy the grant funding requirements for the new electric vehicle charging station. Funding for one vehicle is provided by the AQMD Fund (251) as noted above. • Equipment Maintenance & Replacement Fund (503) – The proposed budget of $855,800—of which $791,300 comes from a one-time General Fund transfer-in of funds offset by ARPA revenues—is recommended for necessary information systems, hardware upgrades, and replacements, such as:
• Citywide Camera Updates.
• Network Hardware Replacements.
• Tablet replacements.
• Creston/AV/Lighting project at City Hall (design).
• Sat Phone Replacements (4 quantity).
• Server Replacements.
• Printer Replacements.
• Replacement Laptops (5 quantity).
• Building Facility & Replacement Fund (504) – The proposed budget of $235,000 is recommended for necessary facility improvements not categorized as CIP expenses, such as:
• Replacement vinyl flooring at Diamond Bar Center (four rooms). 1 Packet Pg. 15
• Civic Center Exterior Paint.
• Engineered wood fiber for three (3) playgrounds and dog park (Sycamore Park (2) and Diamond Canyon Park).
• Drinking fountain upgrades and ADA improvements at up to (4) locations pending needs assessment.
• Replacement tennis court wind screens at Reagan and Maple Hill Park.

Fiduciary Fund
OPEB Trust Fund (601) – The proposed budget for this fund consists mainly of a transfer-in from the General Fund in the amount of $88,000 to fund the City’s Other Post-Employment Benefits (OPEB) Trust, an investment vehicle managed by CalPERS for the purpose of reducing the City’s long-term OPEB liabilities (e.g. retiree medical costs). This amount is unchanged from the prior fiscal year.

Capital Improvement Fund
• Capital Improvement Fund (301) - The FY 2022/23 Capital Improvement Program (CIP) includes a total of $9.36 million in new projects and advances many of those projects that were previously deferred due to COVID-19. The General Fund contribution to these projects is $2.17 million (of which $2.145 million comes from a one-time General Fund transfer-in of funds offset by ARPA revenues) with the remaining balance of funding supplied by other sources such as the City’s Measure M, Measure R, Measure W, Gas Tax, SB-1, Prop. A, and Prop. C funds. Some of the major CIP projects include:
• Maple Hill Park Playground/Restroom Replacement and ADA Upgrades. • Pantera Park Hard Court Rehab and LED Lighting Retrofit. • Residential and Collector Street Rehab – Area 2.
• Arterial Street Rehab – Golden Springs (Brea Canyon to Grand). • ADA Curb Ramp Improvements – Area 3.
• LED Illuminated Street Name Sign and Highway Safety Light Replacements.
• Citywide Bus Shelter/Stop Renovations.
• Groundwater Drainage Improvements - Phase 4/5 (Copley & Moon Lake). • Diamond Bar Center Slope Stabilization Project.
• Diamond Bar Center AC Replacement and Air Quality Upgrades. • Continued Construction of the Grand/Golden Springs Intersection Enhancement Improvements.

The CIP was reviewed for consistency with the City’s General Plan at the May 10, 2022 Planning Commission Meeting.

Recommendation
The proposed FY 2022/23 Operating Budget and Capital Improvement Program 1 Packet Pg. 16
provides a positive outlook to restore a wide range of City programs, services and projects as the State, County and City following the impacts of COVID-19. It prioritizes the one-time use of General Fund resources on projects that help build resiliency and financial stability for the residents and businesses of the City. The recommended strategic realignment and investment in human capital will improve the customer experience and respond to changing demands brought on by a rapidly evolving human resources environment. Should the City Council desire to modify any part of the proposed FY 2022/23 Operating Budget and Capital Improvement Program, staff will ensure to incorporate all revisions for final adoption at the June 7, 2022 City Council Meeting.

Attachments:

1. 1.a Proposed General Fund Budget Summary FY 2022-23

2. 1.b Draft FY 22-23 Proposed Budget Book
1 Packet Pg. 17
FY 2020/21
FY 2021/22
Revised
FY 2021/22
Actuals FY 2022/23
% Change
FY 21/22 to
Actuals Budget* thru Mar. Proposed FY 22/23

REVENUES
Property Taxes $ 5,873,329 $ 6,036,150 $ 3,354,443 $ 6,241,789 3.4% Other Taxes 7,625,597 8,239,000 4,947,164 8,804,080 6.9% State Revenue 6,804,019 6,991,936 3,519,136 7,293,698 4.3% State Grants 705,972 - -
From Other Agencies 600,000 - 430 -
Fines & Forfeitures 263,147 370,000 239,805 370,000 0.0% Service Charges 2,227,641 2,400,165 1,598,021 2,787,516 16.1% Use of Money and Property 174,083 848,480 473,335 1,407,680 65.9% Cost Reimbursements 47,654 273,150 93,181 273,150 0.0%
Transfers In 1,276,918 4,823,848 603,255 4,762,299 -1.3% Total Revenues 25,598,361 29,982,729 14,828,770 31,940,212 6.5%

EXPENDITURES
City Council (110) 159,078 172,795 118,389 192,261 11%
City Attorney (120) 154,213 251,000 131,112 205,000 -18% City Manager (130) 1,491,952 1,324,078 872,767 1,284,958 -3% City Clerk (140) - 431,475 243,135 491,957 14%
Economic Development (150) 221,801 262,210 134,165 267,676 2% Finance (210) 825,223 903,461 504,282 946,669 5%
Human Resources (220) 307,718 517,383 401,463 505,369 -2% Information Systems (230) 1,214,206 1,376,581 996,690 1,483,591 8% Public Information (240) 544,097 739,970 443,337 847,149 14% Law Enforcement (310) 7,136,649 7,720,419 5,070,013 7,779,866 1% Volunteer Patrol (320) - 4,000 - 4,000 0%
Fire (330) 7,359 7,500 7,359 7,500 0%
Animal Control (340) 201,506 402,500 257,609 391,700 -3% Emergency Preparedness (350) 21,456 47,100 16,286 47,100 0% Community Dev/Planning (410) 651,641 777,713 521,443 802,096 3% Building & Safety (420) 803,252 923,636 420,066 997,599 8% Neighb Improvement (430) 298,457 365,041 237,740 485,541 33% Diamond Bar Center (510) 731,327 1,438,327 706,052 1,482,198 3% Recreation (520) 1,174,354 2,051,230 1,129,624 2,398,981 17% Public Works (610) 597,612 607,737 380,162 692,822 14%
Engineering (615) 488,885 722,960 255,278 665,333 -8%
Civic Center (620) 490,400 598,403 356,867 642,595 7%
Parks & Facilities Maintenance (630) 1,260,212 1,586,580 939,160 1,523,585 -4% Landscape Maintenance (645) 301,289 380,513 256,041 393,270 3% Road Maintenance (655) 1,262,346 1,700,835 656,130 1,882,090 11% Transfers Out (900) 2,166,926 4,325,944 2,522,575 4,953,173 14% Total Expenditures 22,511,960 29,639,391 17,577,745 31,374,080 5.9% Operating Surplus/(Deficit) 3,086,401 343,338 566,132
Fund Balance - Beginning of Year 23,186,428 26,272,829 26,616,167 Fund Balance - End of Year $ 26,272,829 $ 26,616,167 $ 27,182,298 *Note: FY 2021/22 Revised Budget as of April 30, 2022

CITY OF DIAMOND BAR

PROPOSED GENERAL FUND BUDGET SUMMARY
FY 2022/23

1.a
Packet Pg. 18
City of Diamond Bar
Proposed

ANNUAL BUDGET
Fiscal Year 2022 - 2023
21810CopleyDrive, DiamondBar, CA91765  p: 909.839.7000  www.diamondbarca.gov

1.b
Packet Pg. 19
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23 Budget
Property Taxes
(40010) Secured Property Taxes $5,589,150 $5,699,800 $5,873,789 (40020) Unsecured Property Taxes $185,150 $174,000 $201,000 (40030) Supplemental Roll Taxes $147,500 $130,000 $130,000 (40040) Prior Year Property Taxes -$15,000 -$15,000 -$11,000 (40060) Interest, Penalties & Delinq $17,350 $17,350 $20,000 (40070) Homeowner's Exemption $30,000 $30,000 $28,000
PROPERTY TAXES TOTAL $5,954,150 $6,036,150 $6,241,789
Other Taxes
(41010) Sales Tax Revenue $4,863,000 $5,563,000 $5,798,080 (41020) Transient Occupancy Tax $900,000 $1,000,000 $1,300,000 (41030) Franchise Tax $1,376,000 $1,376,000 $1,376,000
(41050) Property Transfer Tax $300,000 $300,000 $330,000 OTHER TAXES TOTAL $7,439,000 $8,239,000 $8,804,080
State Revenue
(43010) Motor Vehicle In Lieu $83,936 $83,936 $83,936
(43020) Property Tax In Lieu of VLF $6,908,000 $6,908,000 $7,209,762 STATE REVENUE TOTAL $6,991,936 $6,991,936 $7,293,698
Fines & Forfeitures
(47010) Vehicle Code Fines $125,000 $125,000 $125,000
(47020) General Fines $15,000 $15,000 $15,000
(47030) Municipal Code Fines $20,000 $20,000 $20,000
(47040) Parking Fines $200,000 $200,000 $200,000
(47050) Impound Fees $10,000 $10,000 $10,000
FINES & FORFEITURES TOTAL $370,000 $370,000 $370,000
Building Fees
(48010) Construction Permit Fees $1,266,750 $1,266,750 $732,591 (48020) Plan Check Fees-Bldg/Sfty $0 $0 $732,591
100 - GENERAL FUND REVENUE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 20
(48160) Building Standards Admin
Fee
$1,800 $1,800 $2,230
(48170) SMIP Fees $4,600 $4,600 $5,636
BUILDING FEES TOTAL $1,273,150 $1,273,150 $1,473,049
Planning Fees
(48100) Planning Fees $129,500 $129,500 $140,637
(48130) Business License Fee $35,000 $35,000 $38,010
(48140) Business License - Late Fee $3,000 $3,000 $3,258 PLANNING FEES TOTAL $167,500 $167,500 $181,905
Engineering Fees
(48275) NPDES Business Inspection
Fees
$30,000 $30,000 $30,000
(48200) Plan Check Fees -
Engineering
$80,000 $80,000 $86,880
(48210) Address Change Fee $5,000 $5,000 $7,500
(48220) Encroachment Permit -
Eng
$100,000 $100,000 $108,600
(48230) Inspections - Engineering $7,000 $7,000 $11,000 (48240) Soils/Misc Engineering
Fees
$20,000 $20,000 $21,500
(48260) Waste Hauler Fees $209,250 $209,250 $226,278
(48270) Industrial Waste Fees $45,000 $45,000 $48,850
ENGINEERING FEES TOTAL $496,250 $496,250 $540,608
Recreation Fees
(48300) Special Events $13,450 $13,450 $16,600
(48310) Senior Programs $27,490 $14,000 $34,420
(48320) Youth Programs $234,195 $115,000 $195,095
(48330) Athletic Programs $62,110 $43,065 $68,340
(48340) Contract Classes $257,750 $277,750 $277,500
RECREATION FEES TOTAL $594,995 $463,265 $591,955
Investment Income
(48500) Investment Earnings $425,000 $212,500 $630,000
INVESTMENT INCOME TOTAL $425,000 $212,500 $630,000
Rental Revenue
(48600) Cell Tower Rental
Revenue
$180,000 $180,000 $190,000
(48605) Db Center Revenue $157,550 $382,550 $472,750
(48610) Facility Security Charge $10,000 $30,000 $65,000 (48625) Field & Facility Rentals $18,000 $25,000 $31,500 RENTAL REVENUE TOTAL $365,550 $617,550 $759,250
Taxable Sales
(48710) Printed Material Sales $200 $200 $200
TAXABLE SALES TOTAL $200 $200 $200
Cost Reimbursements
(48800) Prop Damage Reimb -
Pwks
$30,000 $30,000 $30,000
(48810) Prop Damage Reimb -
Parks
$1,000 $1,000 $1,000

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Packet Pg. 21
(48820) Cost Reimbursements $242,150 $242,150 $242,150
COST REIMBURSEMENTS TOTAL $273,150 $273,150 $273,150
Miscellanous Revenue
(48900) Returned Check Charges $230 $230 $230
(48915) Film Permit Revenue $3,000 $3,000 $3,000
(48990) Miscellaneous Revenue $15,000 $15,000 $15,000
MISCELLANOUS REVENUE TOTAL $18,230 $18,230 $18,230
Interfund Transfers
(49106) Transfer In - COVID Fund $1,688,430 $3,415,474 $3,415,474 (49102) Transfer In - Law
Enforcement
$161,874 $161,874 $100,000
(49205) Transfer In - Gas Tax Fd $1,049,000 $1,049,000 $1,049,000 (49250) Transfer In - Ab939 $10,000 $10,000 $10,000
(49251) Transfer In - Ab2766 $35,000 $35,000 $35,000
(49280) Transfer In - Cops Fund $152,500 $152,500 $152,500 (49281) Transfer In - Cleep Fund $0 $0 $325
INTERFUND TRANSFERS TOTAL $3,096,804 $4,823,848 $4,762,299 TOTAL $27,465,915 $29,982,729 $31,940,212

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Packet Pg. 22
2021-22 Adopted Budget 2021-22 Revised Budget 2022 - 23 Budget Personnel Services
(50010) Salaries $5,442,909 $5,441,659 $5,779,076
(50020) Over Time Wages $45,185 $47,289 $48,654
(50030) Part-Time Wages $851,778 $856,778 $957,866
(50040) Classic Member Retiremnt $762,265 $762,265 $803,109 (50042) Classic Member Ual Pmts $663,219 $663,219 $716,846 (50044) Pepra Member Retiremnt $68,075 $68,075 $80,268
(50046) Pepra Member Ual Pmts $2,429 $2,429 $3,224
(50050) City Paid Benefits $61,924 $61,924 $61,931
(50052) Worker's Compensation $123,011 $123,011 $141,167 (50054) Short/Long Term Disability $52,268 $52,268 $56,635 (50056) Medicare Expense $92,516 $92,516 $97,768
(50057) Medicare Payable $575 $575 $575
(50060) Benefit Allotment $993,915 $998,415 $1,040,408
(50062) Benefits Administration $3,000 $3,000 $3,000
(50070) Cell Phone Allowance $2,700 $2,700 $2,700
(50072) Auto Allowance $40,506 $40,506 $41,784
(50074) Technology Allowance $16,638 $16,638 $18,588
(50075) Performance Pay Incentive $0 $0 $90,000
PERSONNEL SERVICES TOTAL $9,222,913 $9,233,268 $9,943,598 Supplies
(51200) Operating Supplies $298,200 $298,200 $321,450
(51210) Janitorial Supplies $20,000 $20,000 $20,000
(51250) Road Maintenance Supplies $200,000 $207,222 $250,000 (51300) Small Tools & Equipment $36,250 $36,250 $33,250 (51400) Promotional Supplies $21,250 $21,250 $37,250
SUPPLIES TOTAL $575,700 $582,922 $661,950
Operating Exp
(52100) Photocopying $10,000 $10,000 $10,000
(52110) Printing $137,950 $137,950 $145,800
(52130) Photography $7,000 $7,000 $11,000
100 - GENERAL FUND APPROPRIATIONS
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 23
(52140) Engraving Services $2,000 $2,000 $2,000
(52160) Advertising $60,000 $68,500 $74,000
(52170) Postage $69,800 $69,800 $77,400
(52200) Telephone $94,840 $94,840 $93,800
(52210) Electric Utility Expenditure $349,925 $365,925 $376,500 (52215) Gas Utility Expenditure $18,456 $18,456 $21,056 (52220) Water Utility Expenditure $331,822 $331,822 $331,822 (52255) Banking Charges $25,000 $25,000 $25,000
(52300) Rental/Lease - Equipmnt $54,250 $54,250 $58,350 (52302) Rental/Lease - Real Property $111,020 $111,020 $108,020 (52304) Rental/Lease - Exhibit Space $2,500 $2,500 $2,500 (52310) Equipment Maintenance $52,790 $52,790 $63,150
(52314) Computer Maintenance $444,000 $444,000 $481,800 (52320) Maint Of Grounds/Buildings $462,619 $462,619 $494,185 (52400) Membership & Dues $115,995 $115,995 $123,075
(52405) Publications $3,170 $3,170 $3,370
(52410) Meetings $14,900 $14,900 $15,250
(52415) Conferences $18,400 $18,400 $80,560
(52420) Mileage Reimbursement $1,650 $1,650 $2,250
(52500) Education & Training $21,400 $21,400 $27,650
(52505) Employee Tuition
Reimbursement
$1,500 $1,500 $3,000
(52510) Employment Physicals $6,000 $6,000 $10,000
(52515) Miscellaneous Employee
Benefit
$1,800 $1,800 $1,800
(52520) Employee Recognition
Program
$3,700 $3,700 $3,750
(52525) Commissioner Compensation $6,750 $6,750 $6,850
(53500) Criminal Apprehension
Reward
$2,500 $2,500 $2,500
(53510) Public Safety Outreach $2,500 $2,500 $5,000
(53520) Admissions - Youth Activities $20,550 $20,550 $22,700 (53530) Elections $2,575 $2,575 $73,000
OPERATING EXP TOTAL $2,457,362 $2,481,862 $2,757,138
Professional Svcs
(54010) PS - Accounting & Auditing $73,750 $73,750 $73,450 (54020) PS - General Legal Services $168,000 $168,000 $180,000 (54022) PS - Special Legal Services $33,000 $33,000 $0
(54024) PS - Special Legal Code Enf $50,000 $50,000 $25,000 (54030) PS - Data Processing
Services
$44,500 $44,500 $44,500
(54200) PS - Environmental Services $87,350 $87,350 $121,000 (54400) PS - Engineering $137,500 $143,787 $120,500
(54410) PS - Traffic $170,000 $216,100 $164,500
(54420) PS - Plan Checking $45,000 $73,196 $80,000
(54430) PS - Soils/Surveying $18,000 $18,000 $18,000
(54440) PS - Inspection $5,000 $14,828 $6,500
(54900) PS - Other Prof Svcs $584,780 $744,280 $665,730

1.b
Packet Pg. 24
PROFESSIONAL SVCS TOTAL $1,416,880 $1,666,791 $1,499,180 Contract Services
(55000) Cs - Contract Services $35,700 $35,700 $52,000
(55100) Cs - Building & Safety $687,000 $737,000 $723,073 (55110) Cs-Code Enforcement $9,000 $9,000 $4,000
(55120) Cs-Property Abatement $5,000 $5,000 $5,000
(55300) Cs - Special Events $117,100 $117,100 $150,850
(55305) Cs - Athletic Programs $8,000 $8,000 $8,500
(55310) Cs - Senior Programs $19,500 $19,500 $29,750
(55315) Cs - Youth Programs $7,100 $7,100 $12,200
(55320) Cs - Contract Classes $160,000 $175,000 $177,000 (55330) Cs - Security $15,300 $35,300 $67,800
(55400) Cs - Sheriff's Department $7,232,714 $7,232,714 $7,274,066 (55402) Cs-Sheriff - Special Events $239,740 $239,740 $256,300 (55404) Cs - Animal Control $285,000 $395,000 $384,200
(55406) Cs - Fire Department $7,500 $7,500 $7,500
(55408) Cs - Parking Citation Admin $30,000 $30,000 $32,500 (55410) Cs - Wild Animal Control $7,500 $7,500 $7,500
(55412) Cs - Crossing Guard Services $233,465 $233,465 $230,000 (55505) Cs - Pw Contract Services $602,022 $602,022 $514,832 (55510) Cs - Street Sweeping $210,000 $210,000 $210,000 (55512) Cs - Road Maintenance $180,000 $185,851 $224,000 (55514) Cs - Sidewalk Maintenance $160,000 $169,400 $265,000 (55516) Cs - Striping & Signing $50,000 $100,000 $100,000 (55522) Cs - Tree Maintenance $344,313 $344,313 $353,870 (55528) Cs - Pkwy/Vegetation
Control
$176,200 $176,200 $179,400
(55530) Cs - Right Of Way Clean Up $35,000 $35,000 $30,000 (55532) Cs - Storm Drainage $45,000 $45,000 $0
(55536) Cs - Traffic Signal Maint $69,000 $69,000 $84,000 (55540) Cs - Graffiti Removal $35,700 $35,700 $35,700
(55550) Cs - Industrial Waste Services $42,000 $42,000 $47,000 CONTRACT SERVICES TOTAL $11,048,854 $11,309,105 $11,466,041 Capital Outlay Exp
(56116) Equipment $37,500 $37,500 $85,000
(56120) Furniture & Fixtures Exp $2,000 $2,000 $8,000
CAPITAL OUTLAY EXP TOTAL $39,500 $39,500 $93,000
Interfund Xfr Out
(59101) Transfer Out - Com Org Fund $20,000 $20,000 $20,000 (59103) Transfer Out - General Plan $0 $0 $79,345
(59104) Transfer Out - Is Replcmnt Fd $100,000 $200,000 $100,000 (59105) Transfer Out - Opeb Res
Fund
$57,382 $318,208 $40,000
(59238) Transfer Out - Llad #38 $155,692 $155,692 $157,689 (59239) Transfer Out - Llad #39 $99,133 $162,233 $43,443 (59241) Transfer Out-Llad #41 $0 $10,811 $10,986
(59248) Transfer Out - Tres Hermanos $100,000 $100,000 $100,000

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Packet Pg. 25
(59256) Transfer Out - Haz Elim Grant $15,000 $15,000 $0 (59262) Transfer Out - Park Dev Fund $21,379 $742,536 $0 (59301) Transfer Out - Cip Fund $90,436 $90,436 $2,170,000 (59401) Transfer Out - Debt Service $733,500 $733,500 $719,400 (59501) Transfer Out - Self Insurance $418,742 $418,742 $460,360 (59502) Transfer Out - Equip Repl
Fund
$155,650 $155,650 $160,650
(59503) Transfer Out-Computer
Fund
$289,000 $289,000 $791,300
(59504) Transfer Out - Building Fund $171,600 $914,136 $100,000 INTERFUND XFR OUT TOTAL $2,427,514 $4,325,944 $4,953,173 TOTAL $27,188,723 $29,639,392 $31,374,080

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Packet Pg. 26

OVERVIEW
The City Council is the legislative and policymaking body for the City of Diamond Bar. Five Council Members are elected at-large for fouryear, overlapping terms of office. The Council annually elects one of its members to serve as
Mayor. The Mayor presides over all Council
meetings and is the ceremonial head of the
City for official functions.

As Diamond Bar's elected representatives, the
City Council sets policy and establishes quality
of municipal services for the community by
determining service levels and revenue
obligations through the adoption of an annual
budget, authorizing City contracts and
expenditures, and adopting necessary
regulatory measures.

Council Members represent the City on
various intergovernmental organizations to
achieve governmental cooperation and
advocate for programs that are consistent
with the needs of the community.
110 - CITY COUNCIL
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 27

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised 2022-23
Budget Budget
Personnel Services
(50010) Salaries $46,215 $46,215 $49,253
(50040) Classic Member Retiremnt $1,603 $1,603 $1,698
(50042) Classic Member Ual Pmts $1,400 $1,400 $1,522
(50044) Pepra Member Retiremnt $2,927 $2,927 $3,062
(50046) Pepra Member Ual Pmts $112 $112 $123
(50050) City Paid Benefits $3,395 $3,395 $3,395
(50056) Medicare Expense $693 $693 $737
(50060) Benefit Allotment $87,000 $87,000 $90,120
(50070) Cell Phone Allowance $2,700 $2,700 $2,700
(50072) Auto Allowance $18,000 $18,000 $18,000
PERSONNEL SERVICES TOTAL $164,045 $164,045 $170,611
Supplies
(51200) Operating Supplies $250 $250 $250
SUPPLIES TOTAL $250 $250 $250
Operating Exp
(52130) Photography $500 $500 $2,000
(52400) Membership & Dues $500 $500 $500
(52410) Meetings $2,000 $2,000 $2,000
(52415) Conferences $5,000 $5,000 $16,400
OPERATING EXP TOTAL $8,000 $8,000 $20,900
Professional Svcs
(54900) PS - Other Prof Svcs $500 $500 $500
PROFESSIONAL SVCS TOTAL $500 $500 $500
TOTAL $172,795 $172,795 $192,261

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Packet Pg. 28

OVERVIEW
The City Attorney serves as the City's legal
counsel, reviews resolutions, ordinances and
agreements, and advises the City Council and
staff on all legal matters relating to the
operation of the municipal government. This
service is provided through a contract with the
law offices of Woodruff, Spradlin & Smart, APC.

In addition to the general legal services
provided by Woodruff, Spradlin & Smart, the
City periodically has the need for legal services
related to code enforcement prosecution
which is also provided for within this Division.

The City may also enlist the services of
additional legal experts as needed to address
personnel issues and to assist with other
matters important to the community.

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Professional Svcs
(54020) PS - General Legal Services $168,000 $168,000 $180,000 (54022) PS - Special Legal Services $33,000 $33,000 $0
(54024) PS - Special Legal Code Enf $50,000 $50,000 $25,000 PROFESSIONAL SVCS TOTAL $251,000 $251,000 $205,000
TOTAL $251,000 $251,000 $205,000
120 - CITY ATTORNEY
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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OVERVIEW
The City Manager budget provides
administrative direction to all operating
divisions in compliance with the City's
Municipal Code. This division is responsible for
the execution of Council policy and the
enforcement of all laws and ordinances.

The City Manager, in concert with the City
Council, establishes policy, provides
leadership and implements efficient and
effective services. The City Manager is the
director of all City personnel and establishes
and maintains appropriate controls to ensure
that all operating departments adhere to
Council and legally mandated policies and
regulations. Additionally, the City Manager is
responsible for the preparation and
administration of the annual budget.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Intern 1.75
Assistant City Manager 0.89
Assistant to the City Manager 0.70
City Manager 0.80
Senior Management Analyst 1.08
ALLOCATED FTE COUNT 5.22
130 - CITY MANAGER
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $594,422 $602,822 $640,202
(50030) Part-Time Wages $52,200 $52,200 $60,840
(50040) Classic Member Retiremnt $99,208 $99,208 $105,082 (50042) Classic Member Ual Pmts $86,496 $86,496 $93,984 (50050) City Paid Benefits $4,401 $4,401 $4,363
(50052) Worker's Compensation $10,800 $10,800 $13,285
(50054) Short/Long Term Disability $5,709 $5,709 $6,083 (50056) Medicare Expense $9,410 $9,410 $10,078
(50060) Benefit Allotment $72,378 $76,878 $74,544
(50072) Auto Allowance $2,670 $2,670 $2,670
(50074) Technology Allowance $2,448 $2,448 $2,448
PERSONNEL SERVICES TOTAL $940,143 $953,043 $1,013,578
Supplies
(51200) Operating Supplies $2,000 $2,000 $2,000
(51300) Small Tools & Equipment $500 $500 $1,000
SUPPLIES TOTAL $2,500 $2,500 $3,000
Operating Exp
(52110) Printing $3,500 $3,500 $3,500
(52160) Advertising $2,000 $2,000 $2,000
(52200) Telephone $1,100 $1,100 $0
(52302) Rental/Lease - Real Property $62,920 $62,920 $56,920 (52400) Membership & Dues $59,435 $59,435 $60,280
(52410) Meetings $2,500 $2,500 $2,500
(52415) Conferences $5,000 $5,000 $18,000
(52500) Education & Training $1,900 $1,900 $5,000
OPERATING EXP TOTAL $138,355 $138,355 $148,200
Professional Svcs
(54900) PS - Other Prof Svcs $130,180 $230,180 $120,180 PROFESSIONAL SVCS TOTAL $130,180 $230,180 $120,180
TOTAL $1,211,178 $1,324,078 $1,284,958

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OVERVIEW
The City Clerk has the statutory duty to record
the official minutes of all City Council
meetings. The division maintains original
resolutions and ordinances, is responsible for
the management of all City records, public
hearing notices and for the maintenance of
the municipal code. This position also acts as
the chief election officer for municipal
elections.

Administrative and clerical support to the
Council Members is also provided through
the City Clerk’s Office.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Assistant 0.40
Administrative Coordinator 0.58
City Clerk 1.00
ALLOCATED FTE COUNT 1.98
140 - CITY CLERK'S OFFICE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised 2022 – 23
Budget Budget
Personnel Services
(50010) Salaries $213,327 $213,327 $211,774
(50020) Over Time Wages $500 $2,604 $2,604
(50040) Classic Member Retiremnt $37,218 $37,218 $36,676 (50042) Classic Member Ual Pmts $32,399 $32,399 $32,761 (50050) City Paid Benefits $2,593 $2,593 $2,195
(50052) Worker's Compensation $1,711 $1,711 $2,014
(50054) Short/Long Term Disability $2,139 $2,139 $2,120 (50056) Medicare Expense $3,116 $3,116 $3,090
(50060) Benefit Allotment $38,700 $38,754 $35,247
(50072) Auto Allowance $1,440 $1,440 $1,440
(50074) Technology Allowance $1,200 $1,200 $1,200
PERSONNEL SERVICES TOTAL $334,341 $336,500 $331,122
Supplies
(51200) Operating Supplies $18,000 $18,000 $18,000
(51300) Small Tools & Equipment $1,000 $1,000 $1,000
(51400) Promotional Supplies $5,000 $5,000 $5,000
SUPPLIES TOTAL $24,000 $24,000 $24,000
Operating Exp
(52110) Printing $7,000 $7,000 $7,000
(52140) Engraving Services $2,000 $2,000 $2,000
(52160) Advertising $6,000 $6,000 $6,000
(52170) Postage $15,500 $15,500 $15,500
(52300) Rental/Lease - Equipmnt $50 $50 $50
(52310) Equipment Maintenance $700 $700 $700
(52400) Membership & Dues $585 $585 $1,165
(52405) Publications $520 $520 $520
(52415) Conferences $400 $400 $2,200
(52420) Mileage Reimbursement $200 $200 $200
(52500) Education & Training $1,200 $1,200 $1,200
(53530) Elections $2,575 $2,575 $73,000
OPERATING EXP TOTAL $36,730 $36,730 $109,535
Professional Svcs
(54900) PS - Other Prof Svcs $34,300 $34,300 $27,300
PROFESSIONAL SVCS TOTAL $34,300 $34,300 $27,300
TOTAL $429,371 $431,530 $491,957

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City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov
310 - LAW ENFORCEMENT

OVERVIEW
The City of Diamond Bar contracts with the Los Angeles
County Sheriff's Department for law enforcement services.

General law enforcement provides an assortment of
deputies to provide law enforcement services including
crime prevention and traffic enforcement, specialized
suppression patrols and undercover operations,
neighborhood watch and community relations, and the
general enforcement of laws.

Additionally, the law enforcement budget includes funds for additional as-needed special operations, as-needed
aero bureau patrols, the City’s fingerprint program, and funding for the City’s Report for Reward program.

This division also includes contract services for crossing guards and the administration of the City's parking
citations. With the passage of AB408, Cities are now
required to issue and collect their own parking citations.

The City is currently under contract with DataTicket, Inc. for the administration of parking citations.

TYPE OF SERVICE

TYPE OF SERVICE
NUMBER
General Law Units:

One-Man 56 Hour 10
One-Man 40 Hour 1
One-Man 40 Hour Non-Relief (Special
Problems)
5 Community Service Assistant w/vehicle 1

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Special Investigations As Requested
Helicopter Patrol 4 hours per month
DB Fingerprint Program As Required

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Supplies
(51200) Operating Supplies $2,500 $2,500 $2,500
(51300) Small Tools & Equipment $1,000 $1,000 $1,000
SUPPLIES TOTAL $3,500 $3,500 $3,500
Operating Exp
(52310) Equipment Maintenance $1,000 $1,000 $1,000
(53500) Criminal Apprehension
Reward
$2,500 $2,500 $2,500
(53510) Public Safety Outreach $2,500 $2,500 $5,000
OPERATING EXP TOTAL $6,000 $6,000 $8,500
Contract Services
(55400) Cs - Sheriff's Department $7,232,714 $7,232,714 $7,274,066 (55402) Cs-Sheriff - Special Events $214,740 $214,740 $231,300 (55408) Cs - Parking Citation
Admin
$30,000 $30,000 $32,500
(55412) Cs - Crossing Guard
Services
$233,465 $233,465 $230,000
CONTRACT SERVICES TOTAL $7,710,919 $7,710,919 $7,767,866 TOTAL $7,720,419 $7,720,419 $7,779,866

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OVERVIEW
The Community Volunteer Patrol Program
was established in FY 94/95. This program is
coordinated by the Los Angeles County
Sheriff's Department and provides general
support to law enforcement personnel.

Diamond Bar Community Volunteer Patrol
members routinely patrol the community
and are responsible for reporting any
suspicious activity and/or problems to the
Sheriff's Department. In addition to their
patrol activities, other assignments
performed by the Community Volunteer
Patrol include vacation and business
security checks, park and special event
security, graffiti watch, community relations,
and other non- hazardous duties.

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23 Budget
Supplies
(51200) Operating Supplies $1,000 $1,000 $1,000
SUPPLIES TOTAL $1,000 $1,000 $1,000
Operating Exp
(52410) Meetings $3,000 $3,000 $3,000
OPERATING EXP TOTAL $3,000 $3,000 $3,000
TOTAL $4,000 $4,000 $4,000
320 - VOLUNTEER PROGRAM
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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OVERVIEW
The City is a part of the Consolidated Fire
Protection District. The district provides fire and
emergency medical services. Upon
incorporation, the City became responsible for
fire protection within the City boundaries,
therefore the City assumed wildland fire
protection. This has required additional
resources to be used by the Consolidated Fire
Protection District. It is a responsibility of the
City to pay annually for these added costs.

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Contract Services
(55406) Cs - Fire Department $7,500 $7,500 $7,500
CONTRACT SERVICES TOTAL $7,500 $7,500 $7,500
TOTAL $7,500 $7,500 $7,500
330 - FIRE PROTECTION
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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OVERVIEW
Animal Control provides for the care,
protection, and control of animals that stray
from their homes or are abused by their
owners. This service, currently under contract
with the Inland Valley Humane Society,
includes enforcement of leash laws and the
provision of a shelter for homeless animals.

In addition to the services rendered by the
Humane Society, the City has been called
upon to assist in the control of coyotes within
the City. Additional funding has been
included to fund these activities.

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Contract Services
(55404) Cs - Animal Control $285,000 $395,000 $384,200
(55410) Cs - Wild Animal Control $7,500 $7,500 $7,500
CONTRACT SERVICES TOTAL $292,500 $402,500 $391,700
TOTAL $292,500 $402,500 $391,700
340 - ANIMAL CONTROL
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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OVERVIEW
The preservation of life and property is an inherent
responsibility of local, state and federal governments. The City of Diamond Bar has prepared several planning and
response documents, which serve as the basis for the City's emergency organization and emergency operations.

The primary objective is to enhance the overall capability of government to respond to emergencies. This is
accomplished by incorporating the policies, principles, concepts and procedures contained within the City’s
emergency plans into an efficient organization capable of responding adequately in the face of any disaster.

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Supplies
(51200) Operating Supplies $20,000 $20,000 $20,000
SUPPLIES TOTAL $20,000 $20,000 $20,000
Operating Exp
(52200) Telephone $9,500 $9,500 $9,500
(52210) Electric Utility Expenditure $500 $500 $500
(52300) Rental/Lease - Equipmnt $1,000 $1,000 $1,000
(52302) Rental/Lease - Real Property $400 $400 $400
(52310) Equipment Maintenance $5,500 $5,500 $5,500
(52400) Membership & Dues $3,200 $3,200 $3,200
(52500) Education & Training $2,000 $2,000 $2,000
OPERATING EXP TOTAL $22,100 $22,100 $22,100
Professional Svcs
(54900) PS - Other Prof Svcs $5,000 $5,000 $5,000
PROFESSIONAL SVCS TOTAL $5,000 $5,000 $5,000
TOTAL $47,100 $47,100 $47,100
350 - EMERGENCY PREPAREDNESS
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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OVERVIEW
The Planning Division is responsible for the
functions related to current and long-term
(“advance”) planning, and economic
development. The Planning Division prepares
and updates the City’s General Plan to
guide Diamond Bar’s long- term growth and
preservation of the community’s quality of
life.

The Planning Division is also responsible for
the development and administration of
economic development. It updates and
maintains records for the general public and
coordinates projects and programs with
other governmental agencies.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Coordinator 0.90
Associate Planner 2.00
Community Development Director 0.50
Senior Planner 1.00
ALLOCATED FTE COUNT 4.40
410 - PLANNING
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $478,200 $478,200 $517,629
(50020) Over Time Wages $5,000 $5,000 $5,000
(50040) Classic Member Retiremnt $66,839 $66,839 $70,780 (50042) Classic Member Ual Pmts $58,165 $58,165 $63,193 (50044) Pepra Member Retiremnt $6,273 $6,273 $7,208
(50046) Pepra Member Ual Pmts $240 $240 $289
(50050) City Paid Benefits $5,162 $5,162 $4,623
(50052) Worker's Compensation $8,463 $8,463 $10,500
(50054) Short/Long Term Disability $4,666 $4,666 $5,055 (50056) Medicare Expense $6,990 $6,990 $7,555
(50060) Benefit Allotment $75,516 $75,516 $78,262
(50072) Auto Allowance $1,500 $1,500 $1,500
(50074) Technology Allowance $600 $600 $600
PERSONNEL SERVICES TOTAL $717,613 $717,613 $772,196
Supplies
(51200) Operating Supplies $2,500 $2,500 $2,500
SUPPLIES TOTAL $2,500 $2,500 $2,500
Operating Exp
(52110) Printing $500 $500 $500
(52160) Advertising $1,000 $7,000 $7,000
(52170) Postage $300 $300 $400
(52400) Membership & Dues $1,800 $1,800 $1,800
(52410) Meetings $200 $200 $200
(52415) Conferences $0 $0 $4,600
(52420) Mileage Reimbursement $200 $200 $300
(52500) Education & Training $600 $600 $600
(52525) Commissioner
Compensation
$4,000 $4,000 $4,000
OPERATING EXP TOTAL $8,600 $14,600 $19,400
Professional Svcs
(54200) PS - Environmental Services $6,000 $6,000 $6,000 (54900) PS - Other Prof Svcs $2,000 $37,000 $2,000
PROFESSIONAL SVCS TOTAL $8,000 $43,000 $8,000
TOTAL $736,713 $777,713 $802,096

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OVERVIEW
The Building and Safety Division is responsible
for the protection of public health and safety
through the enforcement of Building Codes
and other related codes. This Division provides
for Building and Safety plan check, permit
issuance, and inspection services. Much of the
plan check and inspections are provided
through contract services.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Community Development Director 0.15
Permit Services Coordinator 1.00
Permit Technician 1.00
ALLOCATED FTE COUNT 2.15
420 - BUILDING & SAFETY
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $113,486 $113,486 $174,556
(50020) Over Time Wages $250 $250 $250
(50030) Part-Time Wages $5,000 $5,000 $0
(50040) Classic Member Retiremnt $19,034 $19,034 $29,525 (50042) Classic Member Ual Pmts $16,569 $16,569 $26,356 (50050) City Paid Benefits $864 $864 $1,333
(50052) Worker's Compensation $1,209 $1,209 $2,015
(50054) Short/Long Term Disability $1,094 $1,094 $1,706 (50056) Medicare Expense $1,651 $1,651 $2,539
(50060) Benefit Allotment $19,650 $19,650 $33,616
(50072) Auto Allowance $450 $450 $450
(50074) Technology Allowance $180 $180 $180
PERSONNEL SERVICES TOTAL $179,436 $179,436 $272,526
Supplies
(51200) Operating Supplies $1,200 $1,200 $1,000
SUPPLIES TOTAL $1,200 $1,200 $1,000
Operating Exp
(52255) Banking Charges $1,000 $1,000 $1,000
OPERATING EXP TOTAL $1,000 $1,000 $1,000
Contract Services
(55100) Cs - Building & Safety $687,000 $737,000 $723,073 CONTRACT SERVICES TOTAL $687,000 $737,000 $723,073
TOTAL $868,636 $918,636 $997,599

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OVERVIEW
The City’s Neighborhood Improvement Officers
work proactively to investigate Municipal
Code violations and in response to complaints
filed by concerned residents, business
operators or property owners.

The Diamond Bar Municipal Code is based on
high standards set by the residents and
business owners to ensure an attractive and
well-maintained community. It is the
responsibility of the Neighborhood
Improvement Officers to make sure the
community conforms to the standards set by
the code.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Assistant 0.30
Administrative Coordinator 0.10
Community Development Director 0.25
Neighborhood Improvement Officer 1.00
Senior Neighborhood Improvement Officer 1.80
ALLOCATED FTE COUNT 3.45
430 - NEIGHBORHOOD IMPROVEMENT
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $215,443 $215,443 $297,843
(50020) Over Time Wages $5,000 $5,000 $5,000
(50040) Classic Member Retiremnt $12,673 $12,673 $24,063 (50042) Classic Member Ual Pmts $10,943 $10,943 $21,392 (50044) Pepra Member Retiremnt $10,739 $10,739 $11,816
(50046) Pepra Member Ual Pmts $410 $410 $475
(50050) City Paid Benefits $2,720 $2,720 $3,542
(50052) Worker's Compensation $3,964 $3,964 $6,377
(50054) Short/Long Term Disability $2,137 $2,137 $2,966 (50056) Medicare Expense $3,149 $3,149 $4,351
(50060) Benefit Allotment $41,838 $41,838 $56,615
(50072) Auto Allowance $750 $750 $750
(50074) Technology Allowance $300 $300 $300
PERSONNEL SERVICES TOTAL $310,066 $310,066 $435,491
Supplies
(51200) Operating Supplies $1,500 $1,500 $1,000
SUPPLIES TOTAL $1,500 $1,500 $1,000
Operating Exp
(52110) Printing $2,200 $2,200 $2,200
(52400) Membership & Dues $425 $425 $450
(52410) Meetings $300 $300 $150
(52415) Conferences $0 $0 $1,000
(52420) Mileage Reimbursement $50 $50 $50
(52500) Education & Training $800 $800 $500
OPERATING EXP TOTAL $3,775 $3,775 $4,350
Contract Services
(55110) Cs-Code Enforcement $9,000 $9,000 $4,000
(55120) Cs-Property Abatement $5,000 $5,000 $5,000
(55540) Cs - Graffiti Removal $35,700 $35,700 $35,700
CONTRACT SERVICES TOTAL $49,700 $49,700 $44,700
TOTAL $365,041 $365,041 $485,541

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OVERVIEW
The Economic Development division assists in
the development and advancement of the
local business community, and in the general
promotion and marketing of the City of
Diamond Bar.

Among the functions of this division is the
facilitation of programs and activities that are
designed to enhance business retention and
business attraction efforts, and provide
business resource assistance for existing and
potential businesses.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Assistant City Manager 0.05
Assistant to the City Manager 0.10
City Manager 0.20
Community Development Director 0.10
Senior Management Analyst 0.10
ALLOCATED FTE COUNT 0.55
150 - ECONOMIC DEVELOPMENT
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $103,627 $103,627 $110,121
(50040) Classic Member Retiremnt $17,227 $17,227 $18,248 (50042) Classic Member Ual Pmts $15,022 $15,022 $16,323 (50050) City Paid Benefits $719 $719 $713
(50052) Worker's Compensation $1,860 $1,860 $2,264
(50054) Short/Long Term Disability $992 $992 $1,057
(50056) Medicare Expense $1,513 $1,513 $1,607
(50060) Benefit Allotment $12,570 $12,570 $12,913
(50072) Auto Allowance $450 $450 $450
(50074) Technology Allowance $480 $480 $480
PERSONNEL SERVICES TOTAL $154,460 $154,460 $164,176
Operating Exp
(52400) Membership & Dues $5,750 $5,750 $6,500
(52410) Meetings $2,500 $2,500 $2,500
OPERATING EXP TOTAL $8,250 $8,250 $9,000
Professional Svcs
(54900) PS - Other Prof Svcs $82,500 $87,500 $82,500
PROFESSIONAL SVCS TOTAL $82,500 $87,500 $82,500
Contract Services
(55000) Cs - Contract Services $12,000 $12,000 $12,000
CONTRACT SERVICES TOTAL $12,000 $12,000 $12,000
TOTAL $257,210 $262,210 $267,676

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OVERVIEW
The Finance Division administers the financial
affairs of the City of Diamond Bar. The
department manages the City's revenues,
expenditures, budget, investments,
purchasing, accounting and transit activities.

The Finance Division processes all financial
transactions of the City. Specific activities
include accounts payable, cash receipts,
payroll, fixed assets, banking services, issuance
of Metrolink train and Foothill Transit bus
passes, budget preparation, audits, financial
reporting, issuance and management of City
debt and financial administration of grants.

The Finance Division is also responsible for the
safety, liquidity and maximization of the yields of
the City's financial resources.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Accountant 1.00
Accounting Technician 1.58
Finance Director 1.85
Finance Supervisor 0.98
ALLOCATED FTE COUNT 5.40
210 - FINANCE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $466,149 $446,649 $499,804
(50020) Over Time Wages $1,500 $1,500 $1,500
(50040) Classic Member Retiremnt $77,024 $77,024 $70,247 (50042) Classic Member Ual Pmts $67,076 $67,076 $62,715 (50044) Pepra Member Retiremnt $0 $3,649 $5,276
(50046) Pepra Member Ual Pmts $0 $0 $212
(50050) City Paid Benefits $5,013 $5,013 $5,221
(50052) Worker's Compensation $3,542 $3,542 $4,527
(50054) Short/Long Term Disability $4,427 $4,427 $4,766 (50056) Medicare Expense $6,820 $6,820 $6,910
(50060) Benefit Allotment $71,826 $71,826 $78,406
(50072) Auto Allowance $2,775 $2,775 $2,775
(50074) Technology Allowance $1,110 $1,110 $1,110
PERSONNEL SERVICES TOTAL $707,261 $691,410 $743,469
Supplies
(51200) Operating Supplies $2,500 $2,500 $2,500
(51300) Small Tools & Equipment $500 $500 $500
SUPPLIES TOTAL $3,000 $3,000 $3,000
Operating Exp
(52110) Printing $4,500 $4,500 $4,500
(52255) Banking Charges $19,000 $19,000 $19,000
(52310) Equipment Maintenance $750 $750 $750
(52400) Membership & Dues $1,250 $1,250 $1,250
(52405) Publications $250 $250 $250
(52410) Meetings $250 $250 $250
(52415) Conferences $0 $0 $6,500
(52420) Mileage Reimbursement $500 $500 $500
(52500) Education & Training $3,400 $3,400 $4,350
OPERATING EXP TOTAL $29,900 $29,900 $37,350
Professional Svcs
(54010) PS - Accounting & Auditing $73,750 $73,750 $73,450 (54900) PS - Other Prof Svcs $89,550 $109,050 $89,400
PROFESSIONAL SVCS TOTAL $163,300 $182,800 $162,850
TOTAL $903,461 $907,110 $946,669

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Packet Pg. 49

OVERVIEW
The Human Resources and Risk Management
Division provides for the management of
personnel services and risk management.

Primary functions include the development,
modification and management of all
employee recruitment, classifications,
compensation, education/training, employee
relations, employee safety, worker’s
compensation and general liability claims. The
Human Resources and Risk Management staff
also act in an advisory capacity to the City
Executive team on administrative matters that
impact the workforce.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Human Resources & Risk Manager 1.00
Human Resources Technician 1.00
ALLOCATED FTE COUNT 2.00
220 - HUMAN RESOURCES & RISK MANAGEMENT2023
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 50

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $342,514 $342,514 $228,519
(50040) Classic Member Retiremnt $37,298 $37,298 $39,498 (50042) Classic Member Ual Pmts $32,482 $32,482 $35,289 (50050) City Paid Benefits $2,441 $2,441 $2,419
(50052) Worker's Compensation $1,715 $1,715 $2,170
(50054) Short/Long Term Disability $2,144 $2,144 $2,284 (50056) Medicare Expense $4,559 $4,559 $4,762
(50060) Benefit Allotment $34,440 $34,440 $35,688
(50062) Benefits Administration $3,000 $3,000 $3,000
(50072) Auto Allowance $1,440 $1,440 $1,440
(50074) Technology Allowance $1,200 $1,200 $1,200
(50075) Performance Pay Incentive $0 $0 $90,000
PERSONNEL SERVICES TOTAL $463,233 $463,233 $446,269
Supplies
(51200) Operating Supplies $2,000 $2,000 $2,000
(51300) Small Tools & Equipment $3,000 $3,000 $3,000
(51400) Promotional Supplies $1,750 $1,750 $1,750
SUPPLIES TOTAL $6,750 $6,750 $6,750
Operating Exp
(52110) Printing $500 $500 $500
(52160) Advertising $1,000 $3,500 $5,000
(52400) Membership & Dues $4,500 $4,500 $4,200
(52405) Publications $300 $300 $500
(52410) Meetings $2,500 $2,500 $2,500
(52420) Mileage Reimbursement $100 $100 $100
(52500) Education & Training $4,000 $4,000 $3,500
(52505) Employee Tuition Reimbursement $1,500 $1,500 $3,000 (52510) Employment Physicals $6,000 $6,000 $10,000
(52515) Miscellaneous Employee Benefit $1,800 $1,800 $1,800 (52520) Employee Recognition Program $3,700 $3,700 $3,750 OPERATING EXP TOTAL $25,900 $28,400 $34,850
Professional Svcs
(54900) PS - Other Prof Svcs $19,000 $19,000 $17,500
PROFESSIONAL SVCS TOTAL $19,000 $19,000 $17,500
TOTAL $514,883 $517,383 $505,369

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Packet Pg. 51

OVERVIEW
The Information Systems Division is responsible
for the management and enhancement of the
City’s information technology including the
evaluation, procurement, implementation, and
maintenance of computer/network systems
and software; including ongoing technical and
software support/training to all the
departments of the City. The service areas
consist of: telephone & mobile systems,
network services, application services, desktop
services, digital access controls/cameras, and egovernment.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Information Systems Director 0.95
Network/Systems Administrator 1.88
Network/Systems Technician 0.93
ALLOCATED FTE COUNT 3.75
230 - INFORMATION SYSTEMS
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 52

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $463,039 $467,289 $505,530
(50020) Over Time Wages $1,500 $1,500 $1,500
(50040) Classic Member Retiremnt $66,001 $66,001 $71,641 (50042) Classic Member Ual Pmts $57,467 $57,467 $64,000 (50044) Pepra Member Retiremnt $4,880 $4,880 $5,369
(50046) Pepra Member Ual Pmts $186 $186 $216
(50050) City Paid Benefits $4,067 $4,067 $4,025
(50052) Worker's Compensation $6,759 $6,759 $8,588
(50054) Short/Long Term Disability $4,436 $4,436 $4,861 (50056) Medicare Expense $6,758 $6,758 $7,374
(50060) Benefit Allotment $64,917 $64,917 $67,258
(50072) Auto Allowance $2,850 $2,850 $2,850
(50074) Technology Allowance $2,280 $2,280 $2,280
PERSONNEL SERVICES TOTAL $685,141 $689,391 $745,491
Supplies
(51200) Operating Supplies $30,000 $30,000 $33,000
(51300) Small Tools & Equipment $1,000 $1,000 $1,000
SUPPLIES TOTAL $31,000 $31,000 $34,000
Operating Exp
(52100) Photocopying $10,000 $10,000 $10,000
(52200) Telephone $84,240 $84,240 $84,300
(52310) Equipment Maintenance $3,250 $3,250 $3,300
(52314) Computer Maintenance $444,000 $444,000 $481,800 (52400) Membership & Dues $2,200 $2,200 $2,200
(52500) Education & Training $1,500 $1,500 $1,500
OPERATING EXP TOTAL $545,190 $545,190 $583,100
Professional Svcs
(54030) PS - Data Processing
Services
$44,500 $44,500 $44,500
(54900) PS - Other Prof Svcs $47,500 $47,500 $57,500
PROFESSIONAL SVCS TOTAL $92,000 $92,000 $102,000
Contract Services
(55000) Cs - Contract Services $19,000 $19,000 $19,000
CONTRACT SERVICES TOTAL $19,000 $19,000 $19,000
TOTAL $1,372,331 $1,376,581 $1,483,591

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Packet Pg. 53

OVERVIEW
The Public Information Division provides an ongoing
program of public information, which is designed to
inform and educate community residents and business
owners about the City’s activities, programs, and
policies. A variety of methods and materials are utilized to disseminate information including the City’s monthly Community Newsletter, which provides current news
and information; the City's web site; the local
government access cable channel; local advertising;
media releases and advisories; special publications;
and community events.

The Public Information Division is also responsible for the general marketing and promotion of the City at the
local, regional and national levels, and provides
assistance in support of economic development
activities. The Division is also engaged in the facilitation of programs that recognize the efforts of individuals and organizations that contribute to the enhancement and
general well-being of the community.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Media Specialist 0.90
Public Information Coordinator 0.70
Public Information Manager 0.90
ALLOCATED FTE COUNT 2.50
240 - PUBLIC INFORMATION
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 54

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $268,132 $268,132 $285,223
(50020) Over Time Wages $6,000 $6,000 $6,000
(50040) Classic Member Retiremnt $45,524 $45,524 $48,208 (50042) Classic Member Ual Pmts $39,642 $39,642 $43,068 (50050) City Paid Benefits $2,998 $2,998 $2,970
(50052) Worker's Compensation $5,906 $5,906 $7,072
(50054) Short/Long Term Disability $2,617 $2,617 $2,788 (50056) Medicare Expense $3,914 $3,914 $4,162
(50060) Benefit Allotment $43,176 $43,176 $44,736
(50072) Auto Allowance $1,296 $1,296 $1,296
(50074) Technology Allowance $1,080 $1,080 $1,080
PERSONNEL SERVICES TOTAL $420,285 $420,285 $446,604
Supplies
(51200) Operating Supplies $5,000 $5,000 $7,500
(51300) Small Tools & Equipment $1,250 $1,250 $1,750
(51400) Promotional Supplies $14,500 $14,500 $30,500
SUPPLIES TOTAL $20,750 $20,750 $39,750
Operating Exp
(52110) Printing $77,000 $77,000 $83,000
(52130) Photography $6,500 $6,500 $9,000
(52160) Advertising $10,000 $10,000 $15,000
(52170) Postage $54,000 $54,000 $61,500
(52400) Membership & Dues $1,835 $1,835 $1,895
(52405) Publications $500 $500 $500
(52410) Meetings $150 $150 $150
(52415) Conferences $0 $0 $6,500
(52420) Mileage Reimbursement $100 $100 $100
(52500) Education & Training $500 $500 $1,500
OPERATING EXP TOTAL $150,585 $150,585 $179,145
Professional Svcs
(54900) PS - Other Prof Svcs $143,650 $143,650 $160,650 PROFESSIONAL SVCS TOTAL $143,650 $143,650 $160,650
Contract Services
(55000) Cs - Contract Services $4,700 $4,700 $21,000
CONTRACT SERVICES TOTAL $4,700 $4,700 $21,000
TOTAL $739,970 $739,970 $847,149

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Packet Pg. 55

OVERVIEW
The Civic Center Division has been
established to account for expenditures
related to the operation of the City Hall
building. This includes the budget for the
utilities, maintenance and salaries related to
both City Hall and the County Library.

POSITION FUNDING ALLOCATION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Facilities Maintenance Supervisor 0.50
Parks & Maintenance Superintendent 0.05
Public Works Director/City Engineer 0.05
Public Works Manager/Assistant City Engineer 0.05
Senior Maintenance Worker 0.40
ALLOCATED FTE COUNT 1.05
620 - CIVIC CENTER
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 56

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $102,216 $102,216 $109,273
(50020) Over Time Wages $2,500 $2,500 $2,500
(50040) Classic Member Retiremnt $13,136 $13,136 $14,002 (50042) Classic Member Ual Pmts $11,422 $11,422 $12,491 (50044) Pepra Member Retiremnt $1,852 $1,852 $1,942
(50046) Pepra Member Ual Pmts $71 $71 $78
(50050) City Paid Benefits $1,026 $1,026 $1,014
(50052) Worker's Compensation $2,820 $2,820 $3,319
(50054) Short/Long Term Disability $998 $998 $1,068
(50056) Medicare Expense $1,497 $1,497 $1,599
(50060) Benefit Allotment $18,126 $18,126 $18,781
(50072) Auto Allowance $222 $222 $222
(50074) Technology Allowance $120 $120 $120
PERSONNEL SERVICES TOTAL $156,004 $156,004 $166,410
Supplies
(51200) Operating Supplies $42,500 $42,500 $44,500
(51300) Small Tools & Equipment $1,500 $1,500 $1,500
SUPPLIES TOTAL $44,000 $44,000 $46,000
Operating Exp
(52210) Electric Utility Expenditure $140,000 $140,000 $140,000 (52215) Gas Utility Expenditure $5,000 $5,000 $5,000
(52220) Water Utility Expenditure $10,000 $10,000 $10,000 (52300) Rental/Lease - Equipmnt $2,000 $2,000 $2,000
(52320) Maint Of Grounds/Buildings $210,919 $210,919 $234,185 (52400) Membership & Dues $25,980 $25,980 $31,000
OPERATING EXP TOTAL $393,899 $393,899 $422,185
Professional Svcs
(54900) PS - Other Prof Svcs $2,500 $2,500 $0
PROFESSIONAL SVCS TOTAL $2,500 $2,500 $0
Capital Outlay Exp
(56120) Furniture & Fixtures Exp $2,000 $2,000 $8,000
CAPITAL OUTLAY EXP TOTAL $2,000 $2,000 $8,000
TOTAL $598,403 $598,403 $642,595

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Packet Pg. 57

OVERVIEW
The extraordinary Diamond Bar Center, located in
picturesque Summitridge Park, is owned and operated
by the City of Diamond Bar. The Center features
impressive banquet and meeting rooms with
breathtaking views of the San Gabriel Valley. The 22,500 square foot facility is the perfect setting for wedding receptions, formal dinner gatherings, corporate
seminars, training or meetings, and a multitude of other community events. Designed in the modern Craftsman
style architecture theme, the Center is equipped with
state-of-the-art multimedia capabilities and a full
catering kitchen. Colorful gardens, a meandering
stream and look-out points enjoy the beautiful vistas
that surround the Center to make this exceptional
facility the perfect choice for your next special event.

POSITION ALLOCATION FUNDING DETAIL
Position Name 2022 - 23
Allocated FTE Count
Facilities Maintenance Supervisor 0.48
Parks & Maintenance Superintendent 0.05
Parks & Recreation Director 0.50
Public Works Director/City Engineer 0.05
Public Works Manager/Assistant City Engineer 0.05
Recreation Coordinator 0.25
Recreation Specialist 0.30
Recreation Superintendent 0.25
Recreation Supervisor 0.30
Senior Maintenance Worker 0.40
ALLOCATED FTE COUNT 2.63
510 - DIAMOND BAR CENTER
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 58

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $344,047 $349,647 $301,460
(50020) Over Time Wages $1,900 $1,900 $2,300
(50030) Part-Time Wages $370,077 $370,077 $404,575
(50040) Classic Member Retiremnt $40,379 $40,379 $39,632 (50042) Classic Member Ual Pmts $35,077 $35,077 $35,375 (50044) Pepra Member Retiremnt $8,245 $8,245 $4,682
(50046) Pepra Member Ual Pmts $315 $315 $188
(50050) City Paid Benefits $3,691 $3,691 $2,779
(50052) Worker's Compensation $21,459 $21,459 $20,971
(50054) Short/Long Term Disability $3,402 $3,402 $2,916 (50056) Medicare Expense $10,467 $10,467 $9,713
(50060) Benefit Allotment $65,781 $65,873 $46,971
(50072) Auto Allowance $1,722 $1,722 $1,500
(50074) Technology Allowance $1,050 $1,050 $1,800
PERSONNEL SERVICES TOTAL $907,612 $913,305 $874,862
Supplies
(51200) Operating Supplies $12,500 $12,500 $13,750
(51210) Janitorial Supplies $20,000 $20,000 $20,000
(51300) Small Tools & Equipment $2,000 $2,000 $2,000
SUPPLIES TOTAL $34,500 $34,500 $35,750
Operating Exp
(52110) Printing $15,800 $15,800 $12,200
(52160) Advertising $31,000 $31,000 $30,000
(52210) Electric Utility Expenditure $64,925 $64,925 $70,000 (52215) Gas Utility Expenditure $11,025 $11,025 $11,025 (52220) Water Utility Expenditure $7,056 $7,056 $7,056
(52300) Rental/Lease - Equipmnt $9,500 $9,500 $2,000
(52304) Rental/Lease - Exhibit Space $2,500 $2,500 $2,500 (52310) Equipment Maintenance $35,590 $35,590 $45,900
(52320) Maint Of Grounds/Buildings $83,000 $83,000 $80,000 (52415) Conferences $0 $0 $2,500
OPERATING EXP TOTAL $260,396 $260,396 $263,181
Professional Svcs
(54900) PS - Other Prof Svcs $23,240 $23,240 $22,355
PROFESSIONAL SVCS TOTAL $23,240 $23,240 $22,355
Contract Services
(55300) Cs - Special Events $4,750 $4,750 $6,500
(55330) Cs - Security $12,500 $32,500 $65,000
(55505) Cs - Pw Contract Services $147,229 $147,229 $148,900 CONTRACT SERVICES TOTAL $164,479 $184,479 $220,400
Capital Outlay Exp
(56116) Equipment $22,500 $22,500 $70,000
CAPITAL OUTLAY EXP TOTAL $22,500 $22,500 $70,000
TOTAL $1,412,727 $1,438,420 $1,486,548

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Packet Pg. 59

OVERVIEW
The Parks and Recreation Department
administers the recreation program which
includes activities and events that strengthen
the community's fabric, health and well-being,
economic base, and security. This includes
community events, enrichment programs,
athletics, excursions, activities, and facilities for
residents of all ages.

Diamond Bar residents have long valued
neighborhood, community and regional
parks, and open natural spaces where they
can relax, walk, meditate, play, enjoy family
time, and seek renewal.

POSITION ALLOCATION FUNDING DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Coordinator 1.10
Assistant PreSchool Teacher (20 hrs) 0.50
Parks & Recreation Director 0.50
PreSchool Teacher (30 hr/wk) 0.75
Recreation Coordinator 1.75
Recreation Specialist 3.00
Recreation Superintendent 0.75
Recreation Supervisor 1.70
ALLOCATED FTE COUNT 10.05
520 - RECREATION
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 60

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $631,908 $631,908 $722,017
(50020) Over Time Wages $7,535 $7,535 $8,500
(50030) Part-Time Wages $388,484 $385,184 $456,200
(50040) Classic Member Retiremnt $88,324 $88,324 $86,965 (50042) Classic Member Ual Pmts $76,625 $76,625 $77,351 (50044) Pepra Member Retiremnt $15,664 $15,664 $21,777
(50046) Pepra Member Ual Pmts $599 $599 $875
(50050) City Paid Benefits $10,822 $10,707 $11,616
(50052) Worker's Compensation $27,983 $27,983 $28,825
(50054) Short/Long Term Disability $7,122 $7,122 $7,922 (50056) Medicare Expense $15,941 $15,941 $16,300
(50060) Benefit Allotment $163,794 $164,043 $179,055
(50072) Auto Allowance $1,500 $1,500 $3,000
(50074) Technology Allowance $2,070 $2,070 $3,270
PERSONNEL SERVICES TOTAL $1,438,370 $1,435,204 $1,623,673 Supplies
(51200) Operating Supplies $108,550 $106,850 $121,250
(51300) Small Tools & Equipment $9,000 $9,000 $5,000
SUPPLIES TOTAL $117,550 $115,850 $126,250
Operating Exp
(52110) Printing $23,950 $23,950 $29,400
(52160) Advertising $5,000 $5,000 $5,000
(52255) Banking Charges $5,000 $5,000 $5,000
(52300) Rental/Lease - Equipmnt $30,200 $30,200 $37,800 (52302) Rental/Lease - Real Property $47,700 $47,700 $50,700 (52400) Membership & Dues $3,800 $3,800 $3,800
(52405) Publications $100 $100 $100
(52410) Meetings $1,000 $1,000 $1,000
(52415) Conferences $0 $0 $3,360
(52420) Mileage Reimbursement $500 $500 $500
(52500) Education & Training $2,500 $2,500 $2,500
(52525) Commissioner
Compensation
$1,400 $1,400 $1,500
(53520) Admissions - Youth Activities $20,550 $20,550 $22,700 OPERATING EXP TOTAL $141,700 $141,700 $163,360
Professional Svcs
(54900) PS - Other Prof Svcs $3,860 $3,860 $79,845
PROFESSIONAL SVCS TOTAL $3,860 $3,860 $79,845
Contract Services
(55300) Cs - Special Events $112,350 $112,350 $144,350
(55305) Cs - Athletic Programs $8,000 $8,000 $8,500
(55310) Cs - Senior Programs $19,500 $10,400 $29,750

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Packet Pg. 61
(55315) Cs - Youth Programs $7,100 $7,100 $12,200
(55320) Cs - Contract Classes $160,000 $175,000 $177,000 (55330) Cs - Security $2,800 $2,800 $2,800
(55402) Cs-Sheriff - Special Events $25,000 $25,000 $25,000 CONTRACT SERVICES TOTAL $334,750 $340,650 $399,600
TOTAL $2,036,230 $2,037,264 $2,392,728

1.b
Packet Pg. 62
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

PARK & RECREATION PROGRAMS
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
(PR300) DBC - Corporate Showcase $0 $0 $4,350
(PR301) DBC - Bridal Show $15,956 $15,956 $0
(PR303) Armed Forces Banners $16,471 $16,471 $17,021
(PR304) City Birthday Party $7,764 $7,764 $8,414
(PR306) Concerts/Movies in the park $56,590 $56,590 $90,840 (PR307) Halloween Party $31,456 $31,456 $34,696
(PR308) Winter Snowfest $65,580 $65,580 $75,530
(PR310) Adult Excursions* $7,927 $7,927 $8,027
(PR313) Healthy Diamond Bar $11,824 $11,824 $7,079
(PR315) Breakfast with The Bunny $8,204 $8,204 $10,004
(PR316) Veterans Recognition $9,057 $9,057 $10,357
(PR317) DB Day at the Fair $0 $0 $2,900
(PR318) Virtual Recreation $3,600 $3,600 $3,600
(PR319) Concert Share $11,245 $11,245 $12,505
(PR322) Youth Sports $2,723 $2,723 $5,023
(PR323) Youth Basketball $58,788 $55,488 $64,838
(PR324) Youth Soccer $18,416 $18,416 $27,766
(PR327) Adult Volleyball $6,133 $6,133 $6,453
(PR328) Field Attendant/Allocations $66,746 $66,746 $71,802 (PR329) Table Tennis $8,925 $8,925 $9,625
(PR331) Day Camp $132,739 $132,739 $138,739
(PR332) Kinder Skills $64,861 $64,861 $114,162
(PR341) Volunteens $7,291 $7,291 $7,891
(PR342) DB 4 Youth $16,845 $16,845 $17,945
(PR352) Contract Classes $198,180 $213,180 $217,480
(PR355) Senior Excursions $9,763 $1,263 $5,263
(PR356) Senior Dances $13,241 $10,941 $29,091
(PR357) Senior Programs $15,290 $15,290 $12,290
(PR360) Heritage Park $64,025 $64,025 $97,225
(PR361) Pantera Park $7,771 $7,771 $8,821
(PR362) Ch Windmill Room $19,585 $19,585 $26,585
(PR364) Picnic Rentals $1,867 $1,867 $2,917
TOTAL $958,863 $959,763 $1,149,239

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Packet Pg. 63

DIVISION OVERVIEW
The Public Works Department is committed to providing for the efficient operation of public works systems and programs. The vital services include: planning, designing, constructing, and monitoring the City’s roadways and sidewalk infrastructure as well as sewer and storm drain systems; overseeing traffic management/control systems and traffic signal timing programs; maintaining and repairing all City buildings and fleet of vehicles and equipment; maintaining public parks/public property and Landscape Assessment Districts’ medians, parkways, mini parks, slopes, and open space; managing the engineering design and construction of the City’s robust capital improvements program; reviewing/planning and permitting land development activities and subdivisions; and managing
environmental programs such as the National Pollutant Discharge Elimination System (NPDES).

The Department budget consists of Public Works Administration, Engineering, Road Maintenance, Parks and Facilities Maintenance, and Landscape Maintenance. Public Works is also actively involved in representing community’s interests on significant regional issues, such as storm water and transportation.

POSITION DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Coordinator 0.68
Associate Engineer 0.50
Engineering Technician 0.30
Public Works Director/City Engineer 0.48
Public Works Inspector 0.15
Public Works Manager/Assistant City Engineer 0.48
ALLOCATED FTE COUNT 2.58
610 - PUBLIC WORKS ADMINISTRATION
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 64

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $306,446 $306,446 $328,530
(50020) Over Time Wages $500 $500 $500
(50040) Classic Member Retiremnt $44,934 $44,934 $47,587 (50042) Classic Member Ual Pmts $39,123 $39,123 $42,507 (50044) Pepra Member Retiremnt $3,343 $3,343 $3,678
(50046) Pepra Member Ual Pmts $128 $128 $148
(50050) City Paid Benefits $3,140 $3,140 $3,111
(50052) Worker's Compensation $5,503 $5,503 $6,743
(50054) Short/Long Term Disability $3,023 $3,023 $3,244 (50056) Medicare Expense $4,483 $4,483 $4,803
(50060) Benefit Allotment $44,220 $44,220 $45,827
(50072) Auto Allowance $2,109 $2,109 $2,109
(50074) Technology Allowance $1,800 $1,800 $1,800
PERSONNEL SERVICES TOTAL $458,752 $458,752 $490,587
Supplies
(51200) Operating Supplies $4,500 $4,500 $4,500
(51300) Small Tools & Equipment $500 $500 $500
SUPPLIES TOTAL $5,000 $5,000 $5,000
Operating Exp
(52110) Printing $3,000 $3,000 $3,000
(52160) Advertising $4,000 $4,000 $4,000
(52400) Membership & Dues $3,285 $3,285 $3,385
(52405) Publications $1,500 $1,500 $1,500
(52410) Meetings $500 $500 $1,000
(52415) Conferences $3,000 $3,000 $14,500
(52420) Mileage Reimbursement $0 $0 $500
(52500) Education & Training $3,000 $3,000 $5,000
(52525) Commissioner
Compensation
$1,350 $1,350 $1,350
OPERATING EXP TOTAL $19,635 $19,635 $34,235
Professional Svcs
(54200) PS - Environmental Services $81,350 $81,350 $115,000 (54900) PS - Other Prof Svcs $1,000 $1,000 $1,000
PROFESSIONAL SVCS TOTAL $82,350 $82,350 $116,000
Contract Services
(55550) Cs - Industrial Waste Services $42,000 $42,000 $47,000 CONTRACT SERVICES TOTAL $42,000 $42,000 $47,000
TOTAL $607,737 $607,737 $692,822

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POSITION ALLOCATION FUNDING DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Coordinator 0.20
Associate Engineer 0.50
Engineering Technician 0.30
Public Works Director/City Engineer 0.15
Public Works Inspector 0.40
Public Works Manager/Assistant City Engineer 0.15
ALLOCATED FTE COUNT 1.70

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised 2022 - 23
Budget Budget
Personnel Services
(50010) Salaries $171,506 $171,506 $184,879
(50020) Over Time Wages $1,500 $1,500 $1,500
(50040) Classic Member Retiremnt $21,803 $21,803 $23,087 (50042) Classic Member Ual Pmts $18,959 $18,959 $20,598 (50044) Pepra Member Retiremnt $3,343 $3,343 $3,678
(50046) Pepra Member Ual Pmts $128 $128 $148
(50050) City Paid Benefits $2,006 $2,006 $1,987
(50052) Worker's Compensation $3,482 $3,482 $4,245
(50054) Short/Long Term Disability $1,692 $1,692 $1,826 (50056) Medicare Expense $2,528 $2,528 $2,722
(50060) Benefit Allotment $29,076 $29,076 $30,137
(50072) Auto Allowance $666 $666 $666
(50074) Technology Allowance $360 $360 $360
615 - ENGINEERING
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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PERSONNEL SERVICES TOTAL $257,049 $257,049 $275,833
Professional Svcs
(54400) PS - Engineering $137,500 $143,787 $120,500
(54410) PS - Traffic $170,000 $216,100 $164,500
(54420) PS - Plan Checking $45,000 $73,196 $80,000
(54430) PS - Soils/Surveying $18,000 $18,000 $18,000
(54440) PS - Inspection $5,000 $14,828 $6,500
PROFESSIONAL SVCS TOTAL $375,500 $465,911 $389,500
TOTAL $632,549 $722,960 $665,333

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POSITION ALLOCATION FUNDING DETAIL
Position Name 2022 - 23
Allocated FTE Count
Administrative Coordinator 0.88
Facilities & Asset Maintenance Tech 0.50
Facilities Maintenance Supervisor 0.85
Maintenance Worker 0.90
Parks & Maintenance Superintendent 0.50
Public Works Director/City Engineer 0.05
Public Works Manager/Assistant City Engineer 0.05
Senior Maintenance Worker 0.20
ALLOCATED FTE COUNT 3.93

BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $302,046 $302,046 $309,476
(50020) Over Time Wages $8,000 $8,000 $8,000
(50030) Part-Time Wages $36,017 $36,017 $36,251
(50040) Classic Member Retiremnt $43,344 $43,344 $43,426 (50042) Classic Member Ual Pmts $37,702 $37,702 $38,754 (50044) Pepra Member Retiremnt $3,241 $3,241 $3,589
(50046) Pepra Member Ual Pmts $35 $35 $144
(50050) City Paid Benefits $3,310 $3,310 $3,105
(50052) Worker's Compensation $8,104 $8,104 $9,060
(50054) Short/Long Term Disability $2,916 $2,916 $2,989 (50056) Medicare Expense $4,930 $4,930 $5,039
(50057) Medicare Payable $575 $575 $575
(50060) Benefit Allotment $54,678 $54,678 $53,956
(50072) Auto Allowance $222 $222 $222
(50074) Technology Allowance $120 $120 $120
PERSONNEL SERVICES TOTAL $505,240 $505,240 $514,706
630 - PARK & FACILITIES MAINTENANCE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Supplies
(51200) Operating Supplies $40,700 $40,700 $43,200
(51300) Small Tools & Equipment $5,000 $5,000 $5,000
SUPPLIES TOTAL $45,700 $45,700 $48,200
Operating Exp
(52210) Electric Utility Expenditure $50,000 $66,000 $66,000 (52215) Gas Utility Expenditure $2,431 $2,431 $5,031
(52220) Water Utility Expenditure $314,766 $314,766 $314,766 (52300) Rental/Lease - Equipmnt $7,500 $7,500 $7,500
(52320) Maint Of Grounds/Buildings $168,700 $168,700 $180,000 (52400) Membership & Dues $1,450 $1,450 $1,450
(52415) Conferences $5,000 $5,000 $5,000
OPERATING EXP TOTAL $549,847 $565,847 $579,747
Contract Services
(55505) Cs - Pw Contract Services $454,793 $454,793 $365,932 CONTRACT SERVICES TOTAL $454,793 $454,793 $365,932
Capital Outlay Exp
(56116) Equipment $15,000 $15,000 $15,000
CAPITAL OUTLAY EXP TOTAL $15,000 $15,000 $15,000
TOTAL $1,570,580 $1,586,580 $1,523,585

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Contract Services
(55522) Cs - Tree Maintenance $344,313 $344,313 $353,870 (55528) Cs - Pkwy/Vegetation
Control
$36,200 $36,200 $39,400
CONTRACT SERVICES TOTAL $380,513 $380,513 $393,270
TOTAL $380,513 $380,513 $393,270
645 - LANDSCAPE MAINTENANCE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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POSITION ALLOCATION FUNDING DETAIL
Position Name 2022 - 23
Allocated FTE Count
Engineering Technician 0.30
Facilities & Asset Maintenance Tech 0.48
Maintenance Worker 0.98
Public Works Director/City Engineer 0.10
Public Works Inspector 0.35
Public Works Maintenance Superintendent 0.98
Public Works Manager/Assistant City Engineer 0.10
ALLOCATED FTE COUNT 3.28
655 - ROAD MAINTENANCE
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Personnel Services
(50010) Salaries $280,187 $280,187 $301,559
(50020) Over Time Wages $3,500 $3,500 $3,500
(50040) Classic Member Retiremnt $30,699 $30,699 $32,505 (50042) Classic Member Ual Pmts $26,649 $26,649 $28,953 (50044) Pepra Member Retiremnt $7,569 $7,569 $8,190
(50046) Pepra Member Ual Pmts $205 $205 $329
(50050) City Paid Benefits $3,555 $3,555 $3,519
(50052) Worker's Compensation $7,731 $7,731 $9,160
(50054) Short/Long Term Disability $2,756 $2,756 $2,970 (50056) Medicare Expense $4,097 $4,097 $4,407
(50060) Benefit Allotment $56,229 $56,229 $58,273
(50072) Auto Allowance $444 $444 $444
(50074) Technology Allowance $240 $240 $240
PERSONNEL SERVICES TOTAL $423,862 $423,862 $454,090
Supplies
(51200) Operating Supplies $1,000 $1,000 $1,000
(51250) Road Maintenance Supplies $200,000 $207,222 $250,000 (51300) Small Tools & Equipment $10,000 $10,000 $10,000 SUPPLIES TOTAL $211,000 $218,222 $261,000
Operating Exp
(52210) Electric Utility Expenditure $94,500 $94,500 $100,000 (52300) Rental/Lease - Equipmnt $4,000 $4,000 $8,000
(52310) Equipment Maintenance $6,000 $6,000 $6,000
OPERATING EXP TOTAL $104,500 $104,500 $114,000
Contract Services
(55510) Cs - Street Sweeping $210,000 $210,000 $210,000 (55512) Cs - Road Maintenance $180,000 $185,851 $224,000 (55514) Cs - Sidewalk Maintenance $160,000 $169,400 $265,000 (55516) Cs - Striping & Signing $50,000 $100,000 $100,000 (55528) Cs - Pkwy/Vegetation
Control
$140,000 $140,000 $140,000
(55530) Cs - Right Of Way Clean Up $35,000 $35,000 $30,000 (55532) Cs - Storm Drainage $45,000 $45,000 $0
(55536) Cs - Traffic Signal Maint $69,000 $69,000 $84,000 CONTRACT SERVICES TOTAL $889,000 $954,251 $1,053,000
TOTAL $1,628,362 $1,700,835 $1,882,090

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2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Interfund Xfr Out
(59301) Transfer Out - CIP Fund $90,436 $90,436 $2,170,000 (59401) Transfer Out - Debt Service $733,500 $733,500 $719,400 (59503) Transfer Out - Computer Fund $289,000 $289,000 $791,300 (59501) Transfer Out - Self Insurance $418,742 $418,742 $460,360 (59504) Transfer Out - Building Fund $171,600 $914,136 $100,000 (59262) Transfer Out - Park Dev Fund $21,379 $742,536 $0 (59502) Transfer Out - Equip Repl Fund $155,650 $155,650 $160,650 (59238) Transfer Out - LLAD #38 $155,692 $155,692 $157,689 (59105) Transfer Out - OPEB Res Fund $57,382 $318,208 $40,000 (59104) Transfer Out - IS Replcmnt Fd $100,000 $200,000 $100,000 (59239) Transfer Out - LLLAD #39 $99,133 $162,233 $43,443 (59248) Transfer Out - Tres Hermanos $100,000 $100,000 $100,000 (59103) Transfer Out - General Plan $0 $0 $79,345
(59101) Transfer Out - Com Org Fund $20,000 $20,000 $20,000 (59256) Transfer Out - Haz Elim Grant $15,000 $15,000 $15,000 (59241) Transfer Out-LLAD #41 $0 $10,811 $10,986
INTERFUND XFR OUT TOTAL $2,427,514 $4,325,944 $4,968,173 TOTAL $2,427,514 $4,325,944 $4,968,173

GENERAL FUND TRANSFERS OUT
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was established in FY 1997/1998 to account for transfers and expenditures related to the City Council's policy to support various non profit community organizations which are of a benefit to the City. The City has continued this program to show their ever increasing interest and support of the City's non profit community organizations. 101 - Community Organization Support Fund
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues
Interfund Transfers
(49100) Transfer In - General Fd $20,000 $20,000 $20,000 INTERFUND TRANSFERS TOTAL $20,000 $20,000 $20,000
REVENUES TOTAL $20,000 $20,000 $20,000
Expenses
Operating Exp
(52600) Contributions - Comm Grps $20,000 $20,000 $20,000 OPERATING EXP TOTAL $20,000 $20,000 $20,000
EXPENSES TOTAL $20,000 $20,000 $20,000
REVENUES LESS EXPENSES $0 $0 $0
101 - COMMUNITY ORGANIZATION SUPPORT FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was established in FY 2012/2013 to incorporate a method to fund future increases in the Sheriff's DepartmentcontractandtheLiabilityTrustFund. Theprimaryrevenuesourceinthisfundisfrom annualsavings realized in the law enforcement budget in the General Fund. 102 - Law Enforcement Reserve Fund
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Expenses
Interfund Xfr Out
(59100) Transfer Out - General Fund $161,874 $161,874 $100,000 INTERFUND XFR OUT TOTAL $161,874 $161,874 $100,000
EXPENSES TOTAL $161,874 $161,874 $100,000
REVENUES LESS EXPENSES -$161,874 -$161,874 -$100,000
102 - LAW ENFORCEMENT RESERVE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was created in FY 2014/2015 to establish an allocation of resources needed to fund the preparation of a comprehensive update to the City's General Plan.
103 - General Plan Update Fund
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues $0 $920,000 $79,345
Expenses
Professional Svcs
(54300) PS -Planning General Plan $37,682 $50,730 $0
(54900) PS - Other Prof Svcs $0 $0 $59,345
PROFESSIONAL SVCS TOTAL $37,682 $50,730 $59,345
Operating Exp
(52170) Postage $0 $0 $10,000
(52110) Printing $0 $0 $5,000
(52160) Advertising $0 $0 $2,500
OPERATING EXP TOTAL $0 $0 $17,500
Supplies
(51200) Operating Supplies $0 $0 $2,500
SUPPLIES TOTAL $0 $0 $2,500
EXPENSES TOTAL $37,682 $50,730 $79,345
REVENUES LESS EXPENSES -$37,682 $869,270 $0
103 - GENERAL PLAN UPDATE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was created in FY 2015/2016 to establish an allocation of resources needed to fund the future replacement of a variety of hardware and software platforms throughout the City. 104 - Technology Reserve Fund
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues $143,000 $243,000 $201,607
REVENUES LESS EXPENSES $143,000 $243,000 $201,607
104 - TECHNOLOGY RESERVE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was created in FY 2014/2015 to establish an allocation of resources needed to fund the Other Post Employment Benefits (OPEB) unfunded liability.
105 - OPEB Fund
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues $57,382 $318,208 $40,000
Expenses
Interfund Xfr Out
(59601) Transfer Out - Opeb Trust $88,000 $88,000 $88,000 INTERFUND XFR OUT TOTAL $88,000 $88,000 $88,000
Personnel Services
(50048) Post Emplymt Beneft (Opeb) $20,000 $20,000 $20,000 PERSONNEL SERVICES TOTAL $20,000 $20,000 $20,000
EXPENSES TOTAL $108,000 $108,000 $108,000
REVENUES LESS EXPENSES -$50,618 $210,208 -$68,000
105 - OTHER POST EMPLOYMENT BENEFITS (OPEB)

RESERVE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was created in FY 2019/2020 to establish an allocation of resources needed to fund expenses related to COVID-19.
106 - COVID-19 Recovery Fund
2021-22 Adopted
Budget
2021-22 Revised
Budget
2022 - 23
Budget
Revenues $3,415,474 $3,415,474 $3,415,474
Expenses
Interfund Xfr Out
(59100) Transfer Out - General Fund $1,688,430 $3,415,474 $3,415,474 INTERFUND XFR OUT TOTAL $1,688,430 $3,415,474 $3,415,474 EXPENSES TOTAL $1,688,430 $3,415,474 $3,415,474
REVENUES LESS EXPENSES $1,727,044 $0 $0
106 - COVID-19 RECOVERY FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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BUDGET DETAIL
Special Fund Revenues
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
(201) Measure W Local Return Fund $800,000 $800,000 $850,000 (202) Road Maint & Rehab (Sb-1) $1,003,877 $1,003,877 $1,305,745 (203) Measure M Local Return Fund $821,596 $821,596 $982,990 (204) Measure R Local Return Fund $719,820 $719,820 $865,315 (205) Gas Tax Fund $1,223,057 $1,223,057 $1,642,206
(206) Prop A - Transit Tax Fund $1,364,160 $1,364,160 $1,586,413 (207) Prop C - Transit Tax Fund $971,760 $971,760 $1,157,253 (209) Tda Article 3 Fund $0 $0 $53,399
(225) Community Dev Block Grant $331,846 $331,846 $295,819 (226) CASP (SB1186) Fee Fund $8,200 $8,200 $8,200
(238) Landscape Maint Dist #38 Fund $432,022 $432,022 $434,409 (239) Landscape Maint Dist #39 Fund $393,897 $456,997 $656,156 (241) Landscape Maint Dist #41 Fund $0 $295,273 $304,457 (245) Street Beautification Fund $5,000 $5,000 $2,400
(246) Traffic Mitigation Fund $930,910 $930,910 $928,510 (247) Sewer Mitigation Fund $600 $600 $400
(248) Tres Hermanos Consrvtn Auth Fd $100,000 $100,000 $100,000 (250) Integrated Waste Mgmt Fund $588,737 $588,737 $676,903 (251) Air Quality Improvement Fund $76,000 $76,000 $76,000 (252) Waste Hauler Fund $141,300 $141,300 $153,737
(253) Used Motor Oil Block Grant $14,148 $14,148 $7,174 (254) Beverage Cntnr Recycling Grnt $15,037 $15,037 $14,937 (255) Local Roadway Safety Plan Fund $27,000 $27,000 $0 (256) Hazard Mitigation Grant Fund $30,000 $37,500 $22,500 (260) Quimby Fund $2,000 $2,000 $500
(261) Measure A Nghbrhd Parks Act $231,000 $231,000 $185,000 (262) Park & Facilities Dev Fund $21,579 $742,736 $7,300 (270) PEG Fees Fund $105,000 $105,000 $103,800
(280) Citizens Option Public Safety $153,800 $153,800 $153,200 (281) CA Law Enforcement Equip Prgm $100 $100 $100
TOTAL $10,512,446 $11,599,476 $12,574,823
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

SPECIAL FUNDS

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Special Fund Expenses
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
(201) Measure W Local Return Fund $987,615 $988,335 $1,210,877 (202) Road Maint & Rehab (Sb-1) $1,576,811 $1,576,811 $400,000 (203) Measure M Local Return Fund $1,237,691 $1,237,691 $1,915,000 (204) Measure R Local Return Fund $900,000 $900,000 $1,450,000 (205) Gas Tax Fund $1,113,000 $1,113,000 $1,563,000
(206) Prop A - Transit Tax Fund $1,845,288 $1,845,619 $1,299,025 (207) Prop C - Transit Tax Fund $1,450,415 $1,450,554 $911,740 (209) Tda Article 3 Fund $100,787 $100,787 $0
(225) Community Dev Block Grant $367,673 $369,673 $435,276 (238) Landscape Maint Dist #38 Fund $451,094 $451,094 $451,871 (239) Landscape Maint Dist #39 Fund $394,297 $457,397 $597,189 (241) Landscape Maint Dist #41 Fund $0 $295,273 $286,079 (248) Tres Hermanos Consrvtn Auth Fd $100,000 $100,000 $75,000 (250) Integrated Waste Mgmt Fund $746,216 $747,716 $707,852 (251) Air Quality Improvement Fund $112,493 $112,493 $199,000 (252) Waste Hauler Fund $136,000 $136,000 $146,000
(253) Used Motor Oil Block Grant $15,500 $15,500 $10,400 (254) Beverage Cntnr Recycling Grnt $14,300 $14,300 $14,300 (255) Local Roadway Safety Plan Fund $27,000 $27,000 $0 (256) Hazard Mitigation Grant Fund $30,000 $30,000 $0
(260) Quimby Fund $68,821 $56,875 $0
(261) Measure A Nghbrhd Parks Act $185,000 $185,000 $0
(262) Park & Facilities Dev Fund $63,614 $21,111 $717,000 (270) PEG Fees Fund $100,000 $100,000 $400,000
(280) Citizens Option Public Safety $160,000 $162,500 $162,500 (281) CA Law Enforcement Equip Prgm $8,126 $8,126 $325

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FUND DESCRIPTION
This fund was established to account for the governmental debt incurred by the City. To date that has only been the 2002 bonds used to acquire and construct the Diamond Bar Center. In June 2021 those bonds were refinanced with the 2021 bonds to improved the cost of repaying those original bonds. The fund will account for the payment of principal, interest and other administrative costs incurred to service the bonds. For the only bond issue currently outstanding, the General Fund makes a transfer to the Debt Service Fund to provide the resources to meet its obligations. The current bonds mature June 1, 2033 and the outstanding amount on the refinancing bonds is approximately $6,700,000.

BUDGET DETAIL
401 - Debt Service
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues
Interfund Transfers
(49100) Transfer In - General Fd $733,500 $733,500 $719,400 INTERFUND TRANSFERS TOTAL $733,500 $733,500 $719,400
Investment Income
(48500) Investment Earnings $0 $0 $300
INVESTMENT INCOME TOTAL $0 $0 $300
REVENUES TOTAL $733,500 $733,500 $719,700
Expenses
Misc Expenditures
(57000) Bond Principal $450,000 $450,000 $465,000
(57100) Interest Expense $265,000 $265,000 $251,200
MISC EXPENDITURES TOTAL $715,000 $715,000 $716,200
Operating Exp
(52255) Banking Charges $3,500 $3,500 $3,500
OPERATING EXP TOTAL $3,500 $3,500 $3,500
EXPENSES TOTAL $718,500 $718,500 $719,700
REVENUES LESS EXPENSES $15,000 $15,000 $0
401 - DEBT SERVICE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was established in accordance with Resolution #89-53. The resolution states the City will establish a selfinsurance reserve fund. The purpose of the fund shall be to pay all self-assumed losses and related costs. Contributions to the fund shall be from the General Fund.

BUDGET DETAIL
501 - Self Insurance
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues $433,742 $433,742 $470,360
Expenses
Misc Expenditures
(57210) Liability Insurance $370,000 $370,000 $452,000
(57202) Property Insurance $52,000 $52,000 $53,000
(57204) Pollution Insurance $3,600 $3,600 $3,500
(57200) Crime Insurance $2,000 $2,000 $4,100
MISC EXPENDITURES TOTAL $427,600 $427,600 $512,600
EXPENSES TOTAL $427,600 $427,600 $512,600
REVENUES LESS EXPENSES $6,142 $6,142 -$42,240
501 - SELF INSURANCE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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FUND DESCRIPTION
This fund was established in FY 1999/2000 to incorporate a method for the eventual replacement of the City's vehicles and associated equipment. The vehicles and equipment will be capitalized over its useful life expectancy. Beginning with FY 2015/2016 the fleet fuel and maintenance costs will also be tracked in this fund. The necessary funds to cover the costs incurred are transferred from the General Fund.

BUDGET DETAIL
502 - Vehicle Maintenance & Replacement
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues
Interfund Transfers
(49100) Transfer In - General Fd $155,650 $155,650 $160,650 (49251) Transfer In - Ab2766 $0 $0 $32,000
INTERFUND TRANSFERS TOTAL $155,650 $155,650 $192,650
Investment Income
(48500) Investment Earnings $3,500 $3,500 $2,000
INVESTMENT INCOME TOTAL $3,500 $3,500 $2,000
REVENUES TOTAL $159,150 $159,150 $194,650
Expenses
Operating Exp
(53000) Depreciation Expense $80,000 $80,000 $0
(52330) Fuel $40,400 $40,400 $64,900
(52312) Vehicle Maintenance $38,750 $38,750 $38,750
OPERATING EXP TOTAL $159,150 $159,150 $103,650
Capital Outlay Exp
(56115) Vehicles $0 $0 $52,000
CAPITAL OUTLAY EXP TOTAL $0 $0 $52,000
EXPENSES TOTAL $159,150 $159,150 $155,650
REVENUES LESS EXPENSES $0 $0 $39,000
502 - VEHICLE MAINTENANCE & REPLACEMENT FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

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Packet Pg. 84

FUND DESCRIPTION
This fund has been established to assist the City in funding and anticipating various equipment replacement and/or enhancements. The equipment will be capitalizedoverthe life expectancyand the amount will be transferred into this fund from the General Fund.

BUDGET DETAIL
503 - Equipment Maintenance & Replacement
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues
Interfund Transfers
(49100) Transfer In - General Fd $289,000 $289,000 $791,300 INTERFUND TRANSFERS TOTAL $289,000 $289,000 $791,300
Investment Income $15,000 $15,000 $8,000
REVENUES TOTAL $304,000 $304,000 $799,300
Expenses
Capital Outlay Exp
(56135) Computer Eq - Software Exp $0 $388,794 $500,000 (56130) Computer Eq - Hardware Exp $154,000 $180,000 $355,800 CAPITAL OUTLAY EXP TOTAL $154,000 $568,794 $855,800
Operating Exp
(53000) Depreciation Expense $150,000 $150,000 $0
OPERATING EXP TOTAL $150,000 $150,000 $0
EXPENSES TOTAL $304,000 $718,794 $855,800
REVENUES LESS EXPENSES $0 -$414,794 -$56,500
503 - EQUIPMENT MAINTENANCE &

REPLACEMENT FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 85

FUND DESCRIPTION
This fund was established in FY 2012/2013 to incorporate a method to fund the eventual replacement of equipment and capital repairs at City Hall, Diamond Bar Center and other City facilities.

BUDGET DETAIL
504 - Building Facility & Maintenance
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues $175,000 $917,536 $110,800
Expenses $75,000 $119,908 $235,000
REVENUES LESS EXPENSES $100,000 $797,628 -$124,200
504 - BUILDING FACILITY & MAINTENANCE FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 86

FUND DESCRIPTION
This fund was established in accordance with the GASB Statement 74 (previously GASB 43) for Post Employment Benefit Plans Other Than PensionPlans.

BUDGET DETAIL
601 - OPEB Trust
2021-22 Adopted Budget 2021-22 Revised
Budget
2022 - 23
Budget
Revenues
Interfund Transfers
(49105) Transfer In - Opeb Reserve $88,000 $88,000 $88,000 INTERFUND TRANSFERS TOTAL $88,000 $88,000 $88,000
Investment Income
(48500) Investment Earnings $15,100 $15,100 $26,600
INVESTMENT INCOME TOTAL $15,100 $15,100 $26,600
REVENUES TOTAL $103,100 $103,100 $114,600
REVENUES LESS EXPENSES $103,100 $103,100 $114,600
601 - OTHER POST EMPLOYMENT BENEFITS (OPEB)

TRUST FUND
City of Diamond Bar Budget
Fiscal Year 22/23
www.diamondbarca.gov

1.b
Packet Pg. 87
Agenda #: 5.1
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE MAY 3, 2022 STUDY SESSION AND REGULAR MEETING.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Approve the May 3, 2022 Study Session and 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. 88
Attachments:

1. 5.1.a May 3, 2022 Study Session Minutes

2. 5.1.b May 3, 2022 City Council Minutes

5.1 Packet Pg. 89

CITY OF DIAMOND BAR

MINUTES OF THE CITY COUNCIL STUDY SESSION

DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MAY 3, 2022
CALL TO ORDER: M/Low called the Study Session to order at 5:05 p.m.

ROLL CALL: Council Members Stan Liu, Nancy Lyons, Steve Tye, Mayor Pro Tem Andrew Chou, and Mayor Ruth Low
Staff in Attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica, Associate Engineer; Anthony Jordan, Parks & Maintenance Superintendent; Jason Williams, Maintenance Supervisor; Ryan Wright, Parks and Recreation Director; Jason Jacobsen, Finance Director; Greg Gubman, Community Development Director; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources and Risk Manager; Fabian Aoun, Assistant Engineer; Christy Murphey, Recreation Services Superintendent; Jessica Rayela, Recreation Leader I

1. PUBLIC COMMENTS: None Offered

2. DRAFT FISCAL YEAR 2022-2023 CAPITAL IMPROVEMENT PROGRAM BUDGET:

FD/Jacobsen introduced PWM/ACE/Ghafari who presented the staff report.

MPT/Chou and C/Lyons were concerned that while the proposed design projects addressed infrastructure needs, it did not adequately address the needs of the youth, primarily playground improvements. C/Liu agreed and suggested including lighting at Sycamore Canyon Park, rehab of Heritage Park, and park playgrounds.

MPT/Chou agreed that more money should be prioritized toward parks. M/Low agreed more money should go toward improvements for the kids.

C/Lyons asked if PEG funds could be used to pay for broadcasting from AQMD and CM/Fox responded that PEG funds can be used for purchase of hardware and equipment only.

MPT/Chou felt the following items should be prioritized: Design Maple Hill, Sycamore Canyon lower bridge replacement; Ronald Reagan Playground Equipment replacement, Dog Park lighting design and Peterson Park upgrade design.

C/Lyons said she would prefer to have the city design and build or redo a park rather than proceed with designs for which the City might not be able to move forward with construction.

5.1.a
Packet Pg. 90
MAY 3, 2022 PAGE 2 CC STUDY SESSION
______________________________________________________________________ C/Tye said he would be very concerned about taking money from capital improvement projects that staff has deemed necessary.

C/Liu, M/Low and MPT/Chou agreed that designing and constructing park improvements should occur in the same fiscal year.

PWD/Liu said he would need to confirm with staff and come back to the Council with a plan based on Council’s wishes as well as, the City’s capacity to accommodate those changes to the CIP list and budget.

CM/Fox said that based on Council’s input, staff will focus on adding the design and construction for Maple Hill Park to FY 22/23 and come back to Council with an update at its next Study Session on the Draft Operating Budget.

M/Low suggested the Operating Budget include a piano for the Diamond Bar Center.

ADJOURNMENT: With no further business to come before the City Council, M/Low recessed the Study Session at 6:09 p.m. to the Regular Meeting.

Respectfully submitted:

__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 17th day of May, 2022. __________________________
Ruth M. Low, Mayor

5.1.a
Packet Pg. 91

CITY OF DIAMOND BAR

MINUTES OF THE CITY COUNCIL

REGULAR MEETING

DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM
21810 COPLEY DRIVE, DIAMOND BAR, CA 91765
MAY 3, 2022
STUDY SESSION: 5:05 p.m., City Hall Windmill Room
Public Comments: None
DRAFT FISCAL YEAR 2022-2023

CAPITAL IMPROVEMENT PROGRAM BUDGET
Adjournment of Study Session: 6:09 p.m.

CALL TO ORDER: Mayor Low called the Regular City Council meeting to order at 6:30 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765.

M/Low reported that earlier this evening the Council received a report on the Draft FY 2022-23 Capital Improvement Program Budget.

PLEDGE OF ALLEGIANCE: Council Member Tye led the Pledge of Allegiance INVOCATION: Youth Pastor Kevin Ahn, Evangelical Free Church, provided the invocation.

ROLL CALL: Council Members Stan Liu, Nancy Lyons, Steve Tye, Mayor Pro Tem Andrew Chou, and Mayor Ruth Low
Staff in Attendance:

Dan Fox, City Manager; Ryan McLean, Assistant City Manager; David DeBerry, City Attorney; Anthony Santos, Assistant to the City Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Christian Malpica, Associate Engineer; Ryan Wright, Parks and Recreation Director; Greg Gubman, Community Development Director; Kristina Santana, City Clerk Staff Present Telephonically: Amy Haug, Human Resources and Risk Manager; Fabian Aoun, Assistant Engineer; Jason Jacobsen, Finance Director; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager Also Present: Leticia Pacillas, Los Angeles County Community Services Liaison
APPROVAL OF AGENDA: As presented.

1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:

1.1 M/Low and City Council Members proclaimed May Water Awareness

5.1.b
Packet Pg. 92
MAY 3, 2022 PAGE 2 CITY COUNCIL
Month and presented the proclamation to Walnut Valley Water Board President Jerry Tang and Board Members Kevin Hayakawa, Scarlett Kwong, Edwin Hilden and Theresa Lee. Board President Tang gave brief remarks.

2. CITY MANAGER REPORTS AND RECOMMENDATIONS:

2.1 Strategic Plan Q3 Update – ACM/McLean gave the presentation.

3. PUBLIC COMMENTS:

Pui-Ching Ho spoke about library events celebrating Asian American and Pacific Islander Heritage Month.

4. SCHEDULE OF FUTURE EVENTS: CM/Fox the Calendar of Future Events.

5. CONSENT CALENDAR: C/Tye moved, C/Lyons seconded, to approve the Consent Calendar as presented with C/Liu abstaining on Item 5.5. Motion carried by the following Roll Call vote:

AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou, M/Low NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

5.1 APPROVED CITY COUNCIL MINUTES:

5.1a STUDY SESSION OF APRIL 19, 2022

5.1b REGULAR MEETING OF APRIL 19, 2022

5.2 RATIFIED CHECK REGISTER DATED APRIL 13, 2022 THROUGH APRIL 26, 2022 TOTALING $1,057,384.89.

5.3 ADOPTED RESOLUTION NO. 2022-19, PROVIDING FOR CONTINUED

USE OF TELECONFERENCING AND OTHER FORMATS AS DEFINED
AND IN COMPLIANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF

THE DIAMOND BAR CITY COUNCIL, CITY COMMISSIONS AND
SUBCOMMITTEES.

5.4 ADOPTED RESOLUTION NO. 2022-20 DECLARING THE CITY’S

INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE ASSESSMENT DISTRICT NO. 38 AND DIRECTED STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE MAY 17, 2022 REGULAR CITY COUNCIL MEETING.

5.5 ADOPTED RESOLUTION NO. 2022-21, DECLARING THE CITY’S

INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR
LANDSCAPE ASSESSMENT DITSRICT NO. 41-2021 AND DIRECTED

STAFF TO ADVERTISE THE PUBLIC HEARING TO BE SET FOR THE

5.1.b
Packet Pg. 93
MAY 3, 2022 PAGE 3 CITY COUNCIL
MA 17, 2022 REGULAR CITY COUNCIL MEETING.

5.6 AWARDED CONSTRUCTION AGREEMENT TO COPP CONTRACTING, INC. FOR THE AREA 1 RESIDENTIAL & COLLECTOR STREETS

REHABILITATION AND ARTERIAL STREET REHABILITATION
(GOLDEN SPRINGS DRIVE FROM BREA CANYON ROAD TO LEMON
AVENUE) PROJECT NOS. S122102 & S122100, AND ESTABLISHED A

PROJECT PAYMENT ACCOUNT CONTAINING SUFFICIENT FUNDS

FROM THE CURRENT FISCAL YEAR BUDGET TO PAY FOR THE
PROJECT.

6. PUBLIC HEARINGS:

6.1 PUBLIC HEARING TO RECEIVE PUBLIC INPUT REGARDING THE

ADOPTION OF A DISTRICT MAP AND SEQUENCE OF ELECTIONS

AND APPROVE FOR SECOND READING AND ADOPTION BY TITLE

ONLY, WAIVE FULL READING OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING
SECTION 2.04.060 (QUALIFICATIONS OF THE MEMBERS OF THE
CITY COUNCIL) TO CHAPTER 2.04 (CITY COUNCIL) OF ARTICLE 2 (ADMINISTRATION AND PERSONNEL) OF THE DIAMOND BAR CITY

CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FIVE COUNCIL

MMEBERS AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF DIAMOND BAR, CALIFORNIA, ADOPTING THE CITY OF DIAMOND

BAR DISTRICT MAP AND SEQUENCE OF ELECTIONS AFTER
TRANSITIONING FROM AT-LARGE TO BY-DISTRICT ELECTIONS.

ACM/McLean presented the staff report.

M/Low opened the Public Hearing.

Joseph Plunkett (telephonically) spoke to problems he felt existed with the final district map.

Vinod Kashyap said he has had no problem dealing with more than one Council Member when they reside in The Country.

M/Low closed the Public Hearing.

CA/DeBerry responded to Mr. Plunkett that streets are often dividing lines for various districts and most likely, every district within the drawn map has an HOA that is listed as one of the communities of interest.

ACM/McLean added that often census tracts are divided based on the size of the street where one census tract will end on one side of the street and another census tract will begin on the other side of the street.

Following ACM/McLean’s reading of the full ordinance title, C/Lyons moved, MPT/Chou seconded, to approve for second reading by title only, waive full reading, and adopt Ordinance No. 01 (2022). Motion carried by

5.1.b
Packet Pg. 94
MAY 3, 2022 PAGE 4 CITY COUNCIL
the following Roll Call vote:

AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/Chou moved, C/Lyons seconded, to Adopt Resolution No. 2022-22 approving a District Map and the sequence of elections. Motion carried by the following Roll Call vote:

AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

7. COUNCIL CONSIDERATION:

7.1 CONSULTANT SERVICES AGREEMENT WITH TORTI GALLAS &

PARTNERS FOR THE PREPARATION OF THE TOWN CENTER
SPECIFIC PLAN.

CDD/Gubman presented the staff report. Neal Payton, Torti Gallis & Partners, introduced the consulting team and provided an overview of the firm’s Scope of Work.

Paul Deibel (telephonically) spoke in favor of moving forward with the agreement.

Following Council discussion, C/Tye moved, C/Lyons seconded, to appropriate $920,000 from the General Fund to the General Plan Update Fund 103 to cover the cost of the services; and approve and authorize the Mayor to sign the Consultant Services Agreement with Torti Gallas & Partners to prepare the Town Center Specific Plan. Motion carried by the following Roll Call vote:

AYES: COUNCIL MEMBERS: Liu, Lyons, Tye, MPT/Chou,
M/Low
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None

7.2 WASTE MANAGEMENT RATE INCREASE TO ESTABLISH A NEW
SB1383 RESIDENTIAL SERVICE.

SMA/Lopez presented the staff report.

M/Low asked for public comments.

5.1.b
Packet Pg. 95
MAY 3, 2022 PAGE 5 CITY COUNCIL
With no one wishing to speak on this matter, M/Low closed public comments.

Council Members unanimously concurred to direct staff to prepare an Amendment to the Waste Management Franchise Agreement for Council consideration establishing a residential organic program and memorializing the changes to the rates and/or terms of service with the first rate increase of $2.22 effective July 1, 2022 and the second increase of $2.23 effective July 1, 2023.

8. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:

C/Liu thanked staff for the detailed reports, pointed out that May is AsianAmerican and Pacific Islander Heritage month and looked forward to seeing everyone at the Prayer Breakfast.

C/Tye said he appreciated the presentation on the Strategic Plan and the LLAD District 39 and 41 effort which will maintain community upkeep without further depletion of General Fund resources. While districting is the distasteful result of legislators weakening the California Voting Rights Act, the Council did the right thing in moving forward in agreement.

C/Lyons said the Foothill Transit Board plans to ask the LA County Health Director to attend their next meeting to explain how unhappy the bus drivers were about the on again/off again mask mandate, thanked CM/Fox for getting the Council meetings back to the AQMD facility and commented that the Diamond Bar Post Office saga continues. Happy Mother’s Day to mothers and on Memorial Day remember those who sacrificed their lives.

MPT/Chou reminded everyone that Coffee with a Cop is back and encouraged everyone to vote.

M/Low stated that on April 11th she and C/Lyons met to discuss the IVHS contract, thanked Diamond Bar High School for inviting the City Council to attend the play, Anastasia, announced the LA County Fair 100th year anniversary opening on May 5th and wished everyone a Happy Mother’s Day.

ADJOURNMENT: With no further business to conduct, Mayor Low adjourned the Regular City Council Meeting at 9:44 p.m.

Respectfully submitted:

__________________________
Kristina Santana, City Clerk

5.1.b
Packet Pg. 96
MAY 3, 2022 PAGE 6 CITY COUNCIL
The foregoing minutes are hereby approved this 17th day of May, 2022. __________________________
Ruth M. Low, Mayor

5.1.b
Packet Pg. 97
Agenda #: 5.2
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED APRIL 27, 2022 THROUGH MAY 10, 2022 TOTALING $466,229.40.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

Ratify the Check Register.

FINANCIAL IMPACT:

Expenditure of $466,229.40.

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 April 27, 2022 through May 10, 2022 totaling $466,229.40 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. 98
REVIEWED BY:

Attachments:

1. 5.2.a Check Register Affidavit 5-17-2022

2. 5.2.b Check Register 5-17-2022

5.2 Packet Pg. 99

5.2.a
Packet Pg. 100
5068 5/2/2022 SOUTHERN CALIFORNIA
EDISON
1600 GRAND (08.31.22 - 09.31.21) 100510 52210 $9,330.82 CHECK TOTAL $9,330.82
5069 5/4/2022 EMPLOYMENT DEVELOPMENT

DEPARTMENT
UI BENEFIT CHARGE 1ST QTR 2022 106220 50062 $15,042.50
CHECK TOTAL $15,042.50
5070 4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
238 21118 $4.81
4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
239 21118 $4.81
4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
207 21118 $12.79
4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
250 21118 $25.18
4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
206 21118 $43.26
4/29/2022 TASC FLEX SPENDING MEDICAL/CHILDCARE
04/29/2022
100 21118 $1,164.85
CHECK TOTAL $1,255.70
5071 4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
106 21109 $5.62
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
225 21109 $24.42
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
239 21109 $103.85
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
201 21109 $105.27
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
238 21109 $207.69
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 101
5071 4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
250 21109 $355.53
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
207 21109 $375.11
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
206 21109 $601.35
4/29/2022 VANTAGEPOINT TRNSFR
AGNTS-303248

DEFERRED COMP

CONTRIBUTIONS/LOAN PYMTS
04/29/2022
100 21109 $10,943.83
CHECK TOTAL $12,722.67
5072 4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 & 4/1-4/30/22
239 21110 $110.42
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
106 21110 $133.70
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
238 21110 $187.58
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
225 21110 $212.06
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
201 21110 $396.69
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
207 21110 $802.29
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
206 21110 $1,071.69
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
250 21110 $1,253.68
4/29/2022 CALPERS PENSION CONTRIBUTION 4/9-4/22/22 &
4/1-4/30/22
100 21110 $31,744.02
CHECK TOTAL $35,912.13
5073 5/9/2022 SOUTHERN CALIFORNIA
EDISON
3334 1/2 BREA CANYON ROAD (03.24.22
- 04.24.22)
100630 52210 $7.61
CHECK TOTAL $7.61
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 102
5076 5/10/2022 ABF PRINTING & MARKETING
INC
GRAPHIC DESIGN 250170 52160 $25.00
CHECK TOTAL $25.00
5077 5/10/2022 AMERICAN GUARD SERVICES
INC

CROSSING GUARD SERVICES - MAR
2022
100310 55412 $22,259.16
CHECK TOTAL $22,259.16
5078 5/10/2022 AMERICOMP GROUP TONER FOR PRINTERS 100230 51200 $569.18 5/10/2022 AMERICOMP GROUP MAINTENANCE FOR PRINTERS 100230 55000 $2,352.61 CHECK TOTAL $2,921.79
5079 5/10/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL
(APR)
100630 52320 $70.00
5/10/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL
(APR)
100510 52320 $105.00
5/10/2022 ANIMAL PEST MANAGEMENT

SERVICES INC

COMPREHENSIVE PEST CONTROL
(APR)
100620 52320 $120.00
CHECK TOTAL $295.00
5080 5/10/2022 ASCAP MUSIC LICENSING PAYMENT 100520 55300 $797.00 CHECK TOTAL $797.00
5081 5/10/2022 ROBYN A BECKWITH PLANT MAINTENANCE FOR CITY HALL & LIBRARY IN APRIL
100620 52320 $432.00
5/10/2022 ROBYN A BECKWITH PLANT MAINT DBC & HERITAGE (APR) 100510 55300 $335.00 CHECK TOTAL $767.00
5082 5/10/2022 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS - WS 2022
100520 55320 $330.00
CHECK TOTAL $330.00
5083 5/10/2022 BSN SPORTS CORP SUPPLIES-PUBLIC WORKS MAINT 100630 52320 $714.42 CHECK TOTAL $714.42
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 103
5084 5/10/2022 CDW GOVERNMENT HPE SUPPORT CAREPACKS FOR

SERVICES/TAPE LIBRARIES
100230 52314 $26,479.48
CHECK TOTAL $26,479.48
5085 5/10/2022 CENGAGE LEARNING INC INSTURCTOR PAYMENT - EDUCATION 100520 55320 $75.00 5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT 100520 55320 $75.00 5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE

EDUCATION
100520 55320 $75.00
5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE

EDUCATION
100520 55320 $155.00
5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE

EDUCATION
100520 55320 $65.00
5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE

EDUCATION
100520 55320 $75.00
5/10/2022 CENGAGE LEARNING INC INSTRUCTOR PAYMENT - ONLINE

EDUCATION
100520 55320 $75.00
CHECK TOTAL $595.00
5086 5/10/2022 CHEM PRO LABORATORY INC WATER TREATMENT (CITY HALL) 100620 52320 $179.00 CHECK TOTAL $179.00
5087 5/10/2022 CLEAR CHANNEL OUTDOOR

HOLDINGS, INC
PHOTO CONTEST ADS 100240 52160 $596.78
CHECK TOTAL $596.78
5088 5/10/2022 DAY & NITE COPY CENTER INC PRINT JOB FOR COUNCIL MEETING 100140 52110 $220.10 CHECK TOTAL $220.10
5089 5/10/2022 CAROL A DENNIS MINUTE SECRETARY - T&T COMM - MAR 2022
100610 54900 $100.00
CHECK TOTAL $100.00
5090 5/10/2022 DISCOVERY SCIENCE CENTER

OF ORANGE
DAY CAMP EXCURSION ON 6.07.2022 100520 53520 $615.00
CHECK TOTAL $615.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 104
5091 5/10/2022 DS SERVICES OF AMERICA INC BOTTLED WATER (MAR & APR) 100630 51200 $276.81 CHECK TOTAL $276.81
5092 5/10/2022 ECOFERT INC FERTILIZER INJECTION SYSTEM (APR) 100630 52320 $1,150.00 CHECK TOTAL $1,150.00
5093 5/10/2022 EDUARDO M QUINTERO BUILDING MAINTENANCE (PETERSON

PARK) HYDROJETING
100630 52320 $600.00
CHECK TOTAL $600.00
5094 5/10/2022 ENVIRONMENTAL SCIENCE

ASSOCIATES
CEQA CONSULTAN SVCS – JAN 2022
TTM5408
100 22107 $37,528.00
5/10/2022 ENVIRONMENTAL SCIENCE

ASSOCIATES
CEQA CONSULTANT SVCS – FEBRUARY
2022 TTM5408
100 22107 $600.00
CHECK TOTAL $38,128.00
5095 5/10/2022 EXPRESS MAIL CORPORATE

ACCOUNT
NEXT DAY MAIL-2/22/22 AGENDA
REPORT-838 DIA BAR BL
100 22107 $23.50
CHECK TOTAL $23.50
5096 5/10/2022 EXTERIOR PRODUCTS CORP MAINTENANCE OF

GROUNDS/BUILDINGS (APR)
100630 55505 $1,911.40
CHECK TOTAL $1,911.40
5097 5/10/2022 GATEWAY CORP CENTER
ASSOC
CAPITAL CONTRIBUTION & ASSO. DUE
FOR MAY 2022
100620 52400 $2,488.79
CHECK TOTAL $2,488.79
5098 5/10/2022 GOVCONNECTION INC JABRA EVOLVE 30 II DUO MS GSA 100230 51300 $259.64 CHECK TOTAL $259.64
5099 5/10/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (APR) 100630 55505 $2,450.00
5/10/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (APR) 100510 55505 $5,400.00
5/10/2022 GUARANTEED JANITORIAL

SERVICE INC
JANITORIAL SERVICES (APR) 100620 52320 $8,724.00
CHECK TOTAL $16,574.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 105
5100 5/10/2022 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX - APR-JUN 2022
100210 54010 $3,506.69
CHECK TOTAL $3,506.69
5101 5/10/2022 HEATHER JEN CHANG INSTRUCTOR PAYMENT - ART- WS 22 100520 55320 $372.00 CHECK TOTAL $372.00
5102 5/10/2022 HODGMAN ENTERPRISES PRINTING AND MAILING OF MAY 4-

PAGE NEWSLETTER
100240 52110 $2,117.84
5/10/2022 HODGMAN ENTERPRISES SHRED EVENTS POSTCARD 2022 250170 52160 $2,440.13 CHECK TOTAL $4,557.97
5103 5/10/2022 HOME DEPOT CREDIT

SERVICES
BUILDING MAINTENANCE (PARKS) 100630 52320 $412.38
CHECK TOTAL $412.38
5104 5/10/2022 HONEYCOTT INC BEE REMOVAL (20851 NORTHAMPTON) 238638 52320 $165.00 CHECK TOTAL $165.00
5105 5/10/2022 HOPSCOTCH PRESS INC DBC FEATURED MONTHLY AD 100510 52160 $450.00 CHECK TOTAL $450.00
5106 5/10/2022 ITERIS INC ON-CALL - CITY-WIDE TS TIMING - MAR 2022
207650 54410 $622.50
5/10/2022 ITERIS INC ON-CALL - CITY-WIDE TS TIMING - MAR 2022
100615 54410 $1,120.00
CHECK TOTAL $1,742.50
5107 5/10/2022 J & J'S SPORTS & TROPHIES OUTDOOR SOCCER JERSEYS 100520 51200 $0.00 5/10/2022 J & J'S SPORTS & TROPHIES OUTDOOR SOCCER JERSEYS 100520 51200 $87.98 5/10/2022 J & J'S SPORTS & TROPHIES PRINTING ON STAFF CITY WORK

SHIRTS (PARKS)
100630 51200 $291.34
CHECK TOTAL $379.32
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 106
5108 5/10/2022 JIVE COMMUNICATIONS INC CITY-WIDE PHONE SERVICE - MAY 2022
100230 52200 $2,492.54
CHECK TOTAL $2,492.54
5109 5/10/2022 K7 ENTERPRISES REC RECRUITMENT BANNERS 100520 51200 $1,365.84 CHECK TOTAL $1,365.84
5110 5/10/2022 KIMLEY HORN AND

ASSOCIATES INC
PARKING STUDY REVIEW - 2022 & 2040

S BREA CYN
100 22107 $122.91
CHECK TOTAL $122.91
5111 5/10/2022 LA COUNTY ASSESSOR OFFICE SBF ABSTRACT - GIS MAR 2022 100230 52314 $50.00 CHECK TOTAL $50.00
5112 5/10/2022 LANCE SOLL & LUNGHARD LLP PROF SVCS - FINAL AUDIT FY 21/22 100210 54010 $424.00 CHECK TOTAL $424.00
5113 5/10/2022 LESLIE RAMOS ENTERTAINMENT FOR DAY CAMP ON

6.22.222
100520 53520 $520.00
5/10/2022 LESLIE RAMOS ENTERTAINMENT FOR DAY CAMP ON

7.5.2022
100520 53520 $275.00
CHECK TOTAL $795.00
5114 5/10/2022 LOS ANGELES COUNTY PUBLIC
WORKS
SUMP PUMP MAINT. SYCAMORE

CANYON PARK
100630 52320 $927.87
CHECK TOTAL $927.87
5115 5/10/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (APR)
241641 55524 $4,922.61
5/10/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (APR)
239639 55524 $12,173.54
5/10/2022 MCE CORPORATION LANDSCAPE MAINT LLAD'S 38, 39, 41 (APR)
238638 55524 $14,806.30
CHECK TOTAL $31,902.45
5116 5/10/2022 NBS GOVERNMENT FINANCE
GROUP
PS - LLAD #39 PUBLIC ENGAGEMENT 239639 54900 $491.26
CHECK TOTAL $491.26
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 107
5117 5/10/2022 NETFILE INC ANNUAL ELECTRONIC FPPC FILING 100140 54900 $4,300.00 CHECK TOTAL $4,300.00
5118 5/10/2022 NETWORK PARATRANSIT

SYSTEMS INC
DIAMOND RIDE TRANS. SVCS FY2021-
22 03/2022
206650 55560 $13,317.26
CHECK TOTAL $13,317.26
5119 5/10/2022 OCCUPATIONAL HEALTH

CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEE 100220 52510 $232.00
5/10/2022 OCCUPATIONAL HEALTH

CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $313.50
5/10/2022 OCCUPATIONAL HEALTH

CENTERS OF CALIFORNIA
PRE-EMPLOYMENT PHYSICAL FEES 100220 52510 $611.50
CHECK TOTAL $1,157.00
5120 5/10/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - APRIL 2022 100210 51200 ($110.18) 5/10/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - APRIL 2022 100510 51200 $121.49 5/10/2022 OFFICE SOLUTIONS OFFICE SUPPLIES - APRIL 2022 100140 51200 $1,573.11 CHECK TOTAL $1,584.42
5121 5/10/2022 ONE TIME PAY VENDOR AMY BUSTAMONTE

YOUTH BASKETBALL REFUND 100 20202 $57.50
CHECK TOTAL $57.50
5122 5/10/2022 ONE TIME PAY VENDOR ARUN DUTT

CANCELED EVENT 100 20202 $185.00
CHECK TOTAL $185.00
5123 5/10/2022 ONE TIME PAY VENDOR BAPS

FACILITY REFUND 100 20202 $185.00
CHECK TOTAL $185.00
5124 5/10/2022 ONE TIME PAY VENDOR BETTY LIEU

RECREATION CLASS REFUND 100 20202 $65.00
CHECK TOTAL $65.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 108
5125 5/10/2022 ONE TIME PAY VENDOR CHY UBA

FACILITY REFUND 100 20202 $500.00
CHECK TOTAL $500.00
5126 5/10/2022 ONE TIME PAY VENDOR CONNIE CHUNG

YOUTH BASKETBALL REFUND 100 20202 $57.50
CHECK TOTAL $57.50
5127 5/10/2022 ONE TIME PAY VENDOR DALVIR THIND

FACILITY REFUND 100 20202 $1,250.00
CHECK TOTAL $1,250.00
5128 5/10/2022 ONE TIME PAY VENDOR DIAMOND BAR

COMMUNITY

PRESCHOOL
PICNIC DEPOSIT REFUND 100 20202 $200.00
CHECK TOTAL $200.00
5129 5/10/2022 ONE TIME PAY VENDOR GRACE KIM

RECREATION CLASS REFUND 100 20202 $195.00
CHECK TOTAL $195.00
5130 5/10/2022 ONE TIME PAY VENDOR HOLLY CHOA

PICNIC DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
5131 5/10/2022 ONE TIME PAY VENDOR HSI WEN WU

FACILITY REFUND 100 20202 $1,450.00
CHECK TOTAL $1,450.00
5132 5/10/2022 ONE TIME PAY VENDOR JAVIER SALAS

SENIOR DANCE REFUND 100 20202 $150.00
CHECK TOTAL $150.00
5133 5/10/2022 ONE TIME PAY VENDOR LEVEL UP

ENTERTAINMENT

FACILITY REFUND 100 20202 $869.00
CHECK TOTAL $869.00
5134 5/10/2022 ONE TIME PAY VENDOR MARIA DAVIS

RECREATION CLASS REFUND 100 20202 $65.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 109
5134 CHECK TOTAL $65.00
5135 5/10/2022 ONE TIME PAY VENDOR MARIA PINUELAS

SENIOR DANCE REFUND 100 20202 $15.00
CHECK TOTAL $15.00
5136 5/10/2022 ONE TIME PAY VENDOR MARTHA STOKES

SENIOR DANCE REFUND 100 20202 $45.00
CHECK TOTAL $45.00
5137 5/10/2022 ONE TIME PAY VENDOR MARY GARY

RECREATION CLASS REFUND 100 20202 $110.00
CHECK TOTAL $110.00
5138 5/10/2022 ONE TIME PAY VENDOR NATALIE BANUELOS

YOUTH BASKETBALL REFUND 100 20202 $27.50
CHECK TOTAL $27.50
5139 5/10/2022 ONE TIME PAY VENDOR NICK TAYLOR

YOUTH BASKETBALL REFUND 100 20202 $28.75
CHECK TOTAL $28.75
5140 5/10/2022 ONE TIME PAY VENDOR OLIVIA ZHAO KINDER SKILLS REFUND 100 20202 $462.00 CHECK TOTAL $462.00
5141 5/10/2022 ONE TIME PAY VENDOR SORATHIA KIRIT

FACILITY REFUND 100 20202 $1,790.92
CHECK TOTAL $1,790.92
5142 5/10/2022 ONE TIME PAY VENDOR TRUE JESUS CHURCH

IN ONTARIO
PICNIC DEPOSIT REFUND 100 20202 $100.00
CHECK TOTAL $100.00
5143 5/10/2022 ONE TIME PAY VENDOR TRUE JESUS CHURCH

IN ONTARIO
INSURANCE REFUND 100 20202 $85.00
CHECK TOTAL $85.00
5144 5/10/2022 ONE TIME PAY VENDOR TULSI PATEL

FACILITY REFUND 100 20202 $1,250.00
CHECK TOTAL $1,250.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 110
5145 5/10/2022 PAPER RECYCLING &

SHREDDING

CITY HALL PAPER SHREDDING

CONSOLES
250170 55000 $90.00
CHECK TOTAL $90.00
5146 5/10/2022 PARKWOOD LANDSCAPE

MAINTENANCE INC

ADDL' LANDSCAPE MAINT SERVICES
(PANTERA)
100630 52320 $5,070.00
5/10/2022 PARKWOOD LANDSCAPE

MAINTENANCE INC

LANDSCAPE MAINT SERVICES CITY

PARKS (APR)
100510 55505 $5,865.00
5/10/2022 PARKWOOD LANDSCAPE

MAINTENANCE INC

LANDSCAPE MAINT SERVICES CITY

PARKS (APR)
100630 55505 $25,311.00
CHECK TOTAL $36,246.00
5147 5/10/2022 PETER LEWANDOWSKI ENV PREP-850 BREA CYN BZ PARK10/1/21 THRU 3/31/22100 22107 $5,920.00 CHECK TOTAL $5,920.00
5148 5/10/2022 PROTECTION ONE INC BURGLAR ALARM (05.29.22 - 06.28.22) 100620 52320 $38.29 CHECK TOTAL $38.29
5149 5/10/2022 PROTECTION ONE INC BURGLAR ALARM & MONITORING (05.28.22 - 08.27.22)
100630 52320 $186.60
CHECK TOTAL $186.60
5150 5/10/2022 PYRO COMM SYSTEMS INC FIRE ALARM MAINT (DBC) 100510 52320 $135.00 CHECK TOTAL $135.00
5151 5/10/2022 REGIONAL CHAMBER OF

COMMERCE

REGIONAL CHAMBER OF COMMERCE

SERVICES
100150 55000 $5,000.00
CHECK TOTAL $5,000.00
5152 5/10/2022 REINBERGER CORPORATION BUSINESS CARDS FOR PARKS &

RECREATION STAFF
100140 52110 $346.02
CHECK TOTAL $346.02
5153 5/10/2022 RELIABLE TRANSLATIONS
CORP
DISTRICTING PUBLIC NOTICE NO. 5

TRANSLATIONS
100140 54900 $390.00
CHECK TOTAL $390.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 111
5154 5/10/2022 GREGORY C REUEL SPACE AVAILABLE REPORT UPDATE APRIL 2022
100150 54900 $1,500.00
CHECK TOTAL $1,500.00
5155 5/10/2022 RKA CONSULTING GROUP BUILDING AND SAFETY SERVICES FEBRUARY 2022
100420 55100 $37,396.59
CHECK TOTAL $37,396.59
5156 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 1) 502620 52330 $65.71 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 1) 502130 52330 $116.59 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 1) 502430 52330 $172.75 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 1) 502655 52330 $744.19 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 1) 502630 52330 $921.13 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 2) 502130 52330 $61.76 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 2) 502620 52330 $162.42 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 2) 502430 52330 $242.19 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 2) 502655 52330 $446.11 5/10/2022 SC FUELS FLEET VEHICLE FUEL (APR PT 2) 502630 52330 $921.84 CHECK TOTAL $3,854.69
5157 5/10/2022 SITEONE LANDSCAPE SUPPLY
LLC

CALSENSE COMMUNICATION

UPGRADE
100630 52320 $1,222.00
5/10/2022 SITEONE LANDSCAPE SUPPLY
LLC

CALSENSE COMMUNICATION

UPGRADE
238638 52320 $4,279.05
CHECK TOTAL $5,501.05
5158 5/10/2022 SOUTH COAST LIGHTING &

DESIGN INC
BUILDING MAINTENANCE (PARKS) 100630 52320 $4,681.13
CHECK TOTAL $4,681.13
5159 5/10/2022 STAY GREEN INC LANDSCAPE MAINTENANCE (APR) 100620 52320 $1,053.00 CHECK TOTAL $1,053.00
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 112
5160 5/10/2022 THE GAS COMPANY 21810 COPLEY (03.16.22 - 04.14.22) 100620 52215 $589.71 5/10/2022 THE GAS COMPANY 2900 BREA CANYON ROAD (03.17.22 -

04.15.22)
100630 52215 $124.52
5/10/2022 THE GAS COMPANY 1600 GRAND (03.18.22 - 04.18.22) 100510 52215 $1,469.77 CHECK TOTAL $2,184.00
5161 5/10/2022 TIFFANY SYAS ENTERTAINMENT FOR DAY CAMP ON

6.29.2022
100520 53520 $550.00
CHECK TOTAL $550.00
5162 5/10/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE (DBC) 100510 52320 $4,665.50 5/10/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE (CITY HALL) 100620 52320 $3,970.00 5/10/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE 100510 52320 $1,038.00 5/10/2022 TRANE SERVICE GROUP INC HVAC MAINTENANCE 100630 52320 $1,348.75 CHECK TOTAL $11,022.25
5163 5/10/2022 UNITED STATES POSTAL

SERVICE
BULK PERMIT 3339 RENEWAL 2022 100240 52170 $265.00
5/10/2022 UNITED STATES POSTAL

SERVICE

POSTAGE FOR SHRED POSTCARD
2022
250170 51400 $3,716.06
CHECK TOTAL $3,981.06
5164 5/10/2022 US BANK CALCARD STATEMENT - APRIL 2022 999 28100 $23,733.92 CHECK TOTAL $23,733.92
5165 5/10/2022 VERIZON WIRELESS WIRELESS CELL PHONE SERVICE - 3/17/22-4/16/22
100230 52200 $2,052.64
CHECK TOTAL $2,052.64
5166 5/10/2022 VIDIFLO LLC TROUBLESHOOT AND INSTALLATION

OF CONVERTER
100240 51200 $495.56
CHECK TOTAL $495.56
5167 5/10/2022 WW GRAINGER INC BUILDING MAINTENANCE (PARKS) 100630 52320 $10.33 CHECK TOTAL $10.33
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 113
5168 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES-CITY HALL 100620 51200 $1,040.18 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $302.22 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $766.50 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $156.63 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $31.21 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $1,070.52 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $1,040.18 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (HERITAGE) 100630 51200 $295.69 5/10/2022 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (CITY HALL) 100620 51200 $243.81 CHECK TOTAL $4,946.94
5169 5/10/2022 WEST COAST ARBORISTS INC TREE MAINTENANCE (03.16.22 -

03.31.22)
100645 55522 $11,881.50
5/10/2022 WEST COAST ARBORISTS INC TREE MAINTENANCE (04.01.22 -

04.15.22)
100645 55522 $29,864.95
CHECK TOTAL $41,746.45
5170 5/10/2022 WILD WONDERS DAY CAMP ENTERTAINMENT ON

6.15.2022
100520 53520 $550.00
CHECK TOTAL $550.00
5171 5/10/2022 YOURVOLUTION ASL/ENG INTERPRETATION APR 9

DISTRICTING WORKSHOP
100130 52410 $280.00
CHECK TOTAL $280.00
GRAND TOTAL $466,229.40
City of Diamond Bar Check Register
CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT

5.2.b
Packet Pg. 114
Agenda #: 5.3
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY

COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES
SUBJECT TO STATE OPEN MEETING LAWS.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Adopt Resolution No. 2022-23, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees.

FINANCIAL IMPACT:

No financial impact.

BACKGROUND/ANALYSIS:

Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when:
(1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees.

The City Council first utilized the provisions of AB 361 on November 16, 2021. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the City Council re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as described in the attached Resolution (Attachment 1).

5.3 Packet Pg. 115
The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024.

LEGAL REVIEW:

The City Attorney has reviewed and approved the Resolution as to form.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.3.a Resolution No. 2022-23 AB361 Cont

5.3 Packet Pg. 116
RESOLUTION NO. 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE

USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY
BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND

OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE
OPEN MEETING LAWS.

WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and
WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and
WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements expired; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to

5.3.a
Packet Pg. 117
Resolution No. 2022-23
2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due community spread of COVID-19; and WHEREAS, The Diamond Bar City Council first utilized the provisions authorized by AB 361 on November 16, 2021 and subsequently adopted Resolution Nos. 2021-54, 2021-55, 2022-01, 2022-06, 2022-12, 2022-14 and 2022-19 re-affirming its continued use; and
WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and
WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows:

1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID-19 continues to pose an imminent risk to the public health and safety.

2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19.

3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19.

4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may

5.3.a
Packet Pg. 118
Resolution No. 2022-23
3 participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361.

5. That meetings shall be held in accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption.

IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar.

PASSED, APPROVED AND ADOPTED this 17th day of May, 2022.

CITY OF DIAMOND BAR
___________________________
Ruth M. Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 17th day of May, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Kristina Santana, City Clerk

5.3.a
Packet Pg. 119
Agenda #: 5.4
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH PROCLAMATION.

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

Adopt the Proclamation declaring May as Asian American and Pacific Islander Heritage Month.

BACKGROUND:

Asian American Pacific American Heritage (AAPI) Month is a month to celebrate and pay tribute to the contributions generations of Asian Americans and Pacific Islanders have made to American history, society and culture.

The origin of AAPI Heritage Month dates back to the 95th Congress (1977-1978) when five joint resolutions were introduced proposing that a week in May be designated to commemorate the accomplishments of AAPIs.

On March 28, 1978, President Carter issued Proclamation 4650, the first presidential proclamation, for Asian/Pacific American Heritage Week. In this proclamation, President Carter spoke of the significant role Asian/Pacific Americans have played in the creation of a dynamic and pluralistic American society with their contributions to the sciences, arts, industry, government and commerce. Over the next ten years, Presidents Carter, Reagan and George H.W. Bush continued to annually issue proclamations designating a week in May as Asian/Pacific American Heritage Week.

On May 7, 1990, President George H.W. Bush issued Presidential Proclamation 6130 designating May 1990 as the first “Asian/Pacific American Heritage Month.” On May 9, 1990, Congress passed Pub.L.101-283, requesting that the President issue a proclamation which expanded the observance of Asian/Pacific American Heritage

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Week to a month. This law called on the people of the United States to observe Asian/Pacific American Heritage Month with “appropriate ceremonies, programs and activities.”
On October 23, 1992, Congress passed Pub.L.102-450 which permanently designated May of each year as “Asian/Pacific American Heritage Month.” Pursuant to Pub. L. 102- 450 Presidents Clinton, George W. Bush, Obama, and Trump have annually issued proclamations designating May as Asian American and Pacific Islander Heritage Month.

The City of Diamond Bar is proud to honor the achievements and accomplishments of Asian Americans and Pacific Islanders and to designate May as Asian American and Pacific Islander Heritage Month.

PREPARED BY:

REVIEWED BY:

Attachments:

1. 5.4.a Asian Pacific American Heritage Month Proclamation

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PROCLAMATION
“ASIAN AMERICAN AND PACIFIC ISLANDER
HERITAGE MONTH”
WHEREAS, the United States of America is a great mosaic of different races and ethnic groups, each celebrating its unique culture in our society. Asian Americans and Pacific Islander Americans are recognized for the many contributions and countless achievements they have made to our nation; and
WHEREAS, the origin of Asian American and Pacific Islander Heritage Month in the United States dates back to 1978 when a joint congressional resolution established Asian/Pacific American Heritage Week in early May; and
WHEREAS, 12 years later, the commemorative week was expanded to a month by a presidential proclamation, and in 1992, May of each year was permanently designated as a monthlong celebration that is now known as Asian American and Pacific Islander Heritage Month; and
WHEREAS, Asian American and Pacific Islanders continue to enrich every aspect of our society, including the economy, culture, education, politics, arts, literature, science and technological developments.

NOW THEREFORE, the CITY OF DIAMOND BAR does hereby proclaim May 2022 as ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH and calls upon the Diamond Bar community to join in celebrating this month with appropriate programs and activities.

May 17, 2022
Ruth M. Low
Mayor

Andrew Chou Stan Liu
Mayor Pro Tem Council Member
Nancy A. Lyons Steve Tye
Council Member Council Member

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Agenda #: 6.1
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT -
VESTING TENTATIVE TRACT MAP NO. 54081, DEVELOPMENT

REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT
(PLANNING CASE NO. PL2017-203)

STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing;
B. Adopt Resolution No. 2022-24 adopting the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program; and C. Adopt Resolution No. 2022-25 approving Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution.

BACKGROUND & PROJECT SUMMARY:

The applicant is requesting approval to subdivide a 12.9-acre, undeveloped parcel located at the southerly terminus of Crooked Creek Drive. The proposed project requires approval of the following entitlements:

1. Vesting Tentative Tract Map No. 54081 (“VTTM 54081”) to subdivide the subject property into nine parcels for the following purposes:
• Seven (7) single-family residential lots;
• One lot to be reserved as a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system;

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• One lot containing approximately 10.4 acres of preserved open space and associated maintenance access; and
• The extension of Crooked Creek Drive, as a public street, to provide access to the proposed lots.

2. Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards.

3. Tree Permit to remove 62 protected trees, consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site.

4. Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards:
• Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and
• Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.

Project History
2007 Entitlements
On February 20, 2007, the City Council approved a 16-lot residential subdivision on the subject site which included, among other entitlements, a Tree Permit to remove 269 protected trees (197 trees were considered dead and 72 trees were to be mitigated). Of the 72 trees, 43 were coast live oaks and 29 were California black walnut trees. Additionally, 11.5 acres of mixed coast live oak and California walnut woodland would have been impacted. This proposal anticipated a total of 98,000 cubic yards of cut and 86,000 cubic yards of fill. The entitlements were valid for up to ten years. On October 24, 2014, the property was sold to the current owner, Cathay View Development, LLC. During the plan check process, the project team identified a variety of technical deficiencies in the previously-submitted improvement plans and the project expired on February 20, 2017. The project team then began work on a complete redesign of the project.

Commencement of New Design Process
In 2018, after two developer-hosted neighborhood meetings, the applicant submitted a subdivision map with 12 residential lots. The design included a pair of tiered retaining walls on the western portion of the project area (i.e., the Brea Canyon

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Channel side) with heights of each wall reaching 12’-6” and 15’-6”. On the eastern portion of the project area (i.e., the hillside), five tiers of 20-foot high retaining walls were proposed, which would have resulted in 100 vertical feet of exposed wall surfaces. This design anticipated a total of 90,000 cubic yards of cut and 52,000 cubic yards of fill.

In 2019, the design was further reconfigured and the number of residential lots was reduced from 12 to 11. The reduction in grading reduced the encroachment into existing native habitat, and reduced the visual impact of the previous retaining wall configuration. Additionally, the proposed sidewalk on the east side of the Crooked Creek Drive extension was eliminated from the plans to reduce grading impacts. The number of retaining walls facing the Brea Canyon Channel was increased to five, but reduced in height to four feet apiece. On the eastern portion of the project area (i.e., the hillside), the lineal footage of the five tiers of retaining walls was reduced, and the height of each wall was reduced to 15 feet. Lastly, split-level, step-down building pads were introduced to reduce grading impacts. Total earthwork resulting from this revised design was reduced to 35,000 cubic yards of cut and 13,000 cubic yards of fill.

After receiving further community and staff feedback, the applicant made additional, substantive revisions to the subdivision design, including the following:
• Reduction in the number of residential lots to 7.
• Realignment of the roadway extension to eliminate the tiered retaining wall system. Now, a single retaining wall at the base of the slope is proposed, which ranges in height from four to 17 feet.
• Reduction in overall grading to 14,480 cubic yards of cut and 19,510 cubic yards of fill.

The Planning Commission staff report, which includes a detailed discussion of the project history, description and analysis is included as Attachment 3.

Planning Commission Meeting
On April 26, 2022, the Planning Commission conducted a noticed public hearing to consider the Project. By a 4-1 vote, the Commission recommended that the City Council adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and approve the Project.

Nine members of the public spoke during public hearing. Eight residents spoke in opposition to the Project, including three that alleged that the City did not adequately address the comments received from the California Department of Fish and Wildlife (CDFW). CDFW’s comment letter, dated December 17, 2021, recommended additional mitigation measures for the Project, including additional replacement trees and mitigation for purported habitat loss. Other concerns raised at the meeting included the cost of the proposed housing, fire danger and traffic impacts. No comments were received regarding the site plan, design, aesthetics/visual impacts, grading or architecture. The draft minutes of the Planning Commission hearing is included as Attachment 4.

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Environmental Review Process
This Project was reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City prepared an Initial Study and filed a Notice of Intent to Adopt an MND for the Project with the Office of Planning and Research on November 9, 2021, and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper (see Exhibit A of Attachment 1). The notice was also mailed to public agencies and residents who attended applicant-hosted community meetings.

Pursuant to CEQA Guidelines Section 15105, the public review period for the IS/MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. During the public review period, the City received seven comment letters on the draft IS/MND. The commenters and the topics of their comments are summarized below:

1. CDFW – Impacts to biological resources; need for additional habitat mitigation.

2. County of L.A. Department of Parks and Recreation – Need to ensure public access to the proposed trailhead and future County trail improvements.

3. County of L.A. Fire Department – Access and water requirements. Impacts to erosion control, watershed management, rare and endangered species, vegetation, fuel modification, archaeological and cultural resources, and the County Oak Tree Ordinance.

4. Diamond Bar – Pomona Valley Sierra Club Task Force – Biological resources, air quality, hydrology, fuel modification, wildfire, trail access and concurrence with CDFW’s additional mitigation measures.

5. L.A. County Sanitation Districts – Wastewater requirements.

6. Responsible Land Use – Concurrence with CDFW’s recommended additional mitigation measures.

7. Sierra Club Wildland Urban Wildfire Committee – Wildfire impacts.

Responses to each of the comments received were prepared and posted on the City’s website at http://www.diamondbarca.gov/crookedcreeksubdivision. On April 15, 2022, the agencies/groups that commented were individually notified of the availability of the Response to Comments, and of the Planning Commission hearing scheduled for April 26, 2022.

Responses to Issues Raised at the Planning Commission Meeting At the April 26, 2022 Planning Commission meeting, the City's environmental consultant, Michael Houlihan of ESA, explained that upon receiving CDFW’s comments, the City prepared a detailed Response to Comments (RTC), which incorporated most of the agency’s recommended mitigation measures, but also explained why CDFW erred in its assertions that habitat replacement and higher tree replacement ratios were required. Specifically, the RTC explained that ESA’s mapping of natural communities and subsequent analysis of impacts followed the identification criteria set forth in A Manual of California Vegetation, the current standard by which CDFW describes and categorizes natural communities. Citing the manual’s criteria,

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the RTC explained why CDFW misidentified the oak woodland occupying the southern portion of the site to be walnut woodland, a sensitive habitat that would be negatively impacted by the fuel modification requirements for the new homes.

There is a walnut woodland natural community on the property, but it only occupies the northern portion of the site, an area that is already disturbed because it is located within the fuel modification zone for the existing homes on the east side of Crooked Creek, south of Gold Run Drive. This area would not be further impacted by the proposed subdivision; to the contrary, it will be supplemented with additional walnut trees required to mitigate the removal of the walnuts where the new residential lots are proposed. Additionally, except for the drainage lines extending into the Brea Canyon Channel, there are no direct impacts to CDFW jurisdictional resources for which Section 1602 of the Fish and Game Code would apply.

ESA further clarified that the new fuel modification areas are within the aforementioned oak woodland area, which, based on the manual’s criteria is not considered a sensitive community. Moreover, no oaks are proposed to be removed for fuel modification purposes.

In summary, the RTC incorporates most of CDFW's recommended mitigation measures, and articulates in detail why compensatory habitat is not required, and why the 3:1 tree replacement ratio required per the City’s tree ordinance is applicable to this project. As such, the City has followed all legal requirements per CEQA. CDFW has not responded to the RTC as of the publication of this report.

NOTICE OF PUBLIC HEARING:

On May 6, 2022, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site, as well as to the public agencies that commented on the IS/MND and residents who attended the community meeting. On May 6, 2022, the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites.

PREPARED BY:

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REVIEWED BY:

Attachments:

1. 6.1.a Resolution No. 2022-24 (Approval of MND and Adoption of the MMRP)

2. 6.1.b Resolution No. 2022-25 (Approval of VTTM, DR, TP and CUP) and Standard Conditions of Approval

3. 6.1.c Planning Commission Staff Report dated April 26, 2022 (Without Attachments)

4. 6.1.d Minutes of the April 26, 2022 Planning Commission Hearing for the Project

5. 6.1.e Site Utilization Map, Vesting Tentative Tract Map, Conceptual Grading Plans, Architectural Plans, and Landscape Plans

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RESOLUTION NO. 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,

CALIFORNIA, APPROVING THE MITIGATED NEGATIVE DECLARATION

AND ADOPTING THE MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE CROOKED CREEK RESIDENTIAL SUBDIVISION
PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING
TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED DEVELOPMENT

REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT, LOCATED AT

THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD AND BREA CANYON FLOOD
CONTROL CHANNEL, AND NORTH OF THE CITY’S SOUTHERN
BOUNDARY (ASSESSORS PARCEL NO. 8714-028-003).

A. RECITALS

1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive (“Project”).

2. The Project is comprised of the following entitlement requests:
(a) Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes.
(b) Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards.
(c) Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site.
(d) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards:
i. Increase the exposed retaining wall height limit from six feet to 17 feet.

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Resolution No. 2022-24
2 ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively.
iii. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.

3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL).

4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 3-4. The Assessor’s Parcel Number (APN) is 8714-028- 003.

5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended applicant-hosted community meetings. The public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days, which exceeds the minimum 30-day public review period set forth pursuant to CEQA Guidelines Section 15105.

6. On April 15, 2022, notification of the Planning Commission public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.

7. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.

8. On May 6, 2022, notification of the City Council public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.

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Resolution No. 2022-24
3 9. On May 17, 2022, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.

10. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765.

B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows:

1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.

2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder.

The minimum 30-day public review period for the MND began on November 10, 2021, and ended on December 20, 2021. Furthermore, the City Council has reviewed the MND and related documents in reference to the Project.

3. The City Council based on the findings and conclusions set forth herein, hereby finds and determines that conditions have been incorporated into the Application, which mitigate environmental impacts identified in the MND.

The City Council hereby adopts the MND and Mitigation Monitoring and Reporting Program attached herein as Exhibits A and B and hereby incorporated by reference.

The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:

Cathay View Development, LLC, 701 S. San Gabriel, Suite D, San Gabriel, CA 91176, and New Bridge Homes 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660.

PASSED, APPROVED and ADOPTED this 17th day of May, 2022.

CITY OF DIAMOND BAR
________________________
Ruth M. Low, Mayor

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Resolution No. 2022-24
4 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 17th day of May, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk
EXHIBITS:

Exhibit A: Notice of Availability and Intent to Adopt a Mitigation Negative Declaration, Notice of Completion and Environmental Document Transmittal to State Clearinghouse
Exhibit B: Mitigation Monitoring and Reporting Program

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Exhibit A

6.1.a
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Note: The state Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or previous draft document) please fill in.

Revised 2010
Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Crooked Creek Subdivision
Lead Agency: City of Diamond Bar Contact Person: Mayuko Nakajima Mailing Address: 21810 Copley Drive Phone: 909.839.7033 City: Diamond Bar Zip: 91765 County: Los Angeles
Project Location: County: Los Angeles City/Nearest Community: Diamond Bar Cross Streets: Crooked Creek Drive and Gold Run Drive Zip Code: 91765 Lat. / Long. (degrees, minutes, and seconds): 33 57 43.12 N/ 117 51 02.18 W Total Acres: 12.9 Assessor's Parcel No.: 8714-028-003 Section: 29 Twp.: 2 S Range: 9W Base: Yorba Linda Within 2 Miles: State Hwy #: 57 Waterways: Brea Canyon Flood Channel Airports: NA Railways: NA Schools: See Attachment A
Document Type:

CEQA: NOP Draft EIR NEPA: NOI Other: Joint Document
Early Cons Supplement/Subsequent EIR EA Final Document
Neg Dec (Prior SCH No.) Draft EIS Other
Mit Neg Dec Other FONSI
Local Action Type:

General Plan Update Specific Plan Rezone Annexation
General Plan Amendment Master Plan Prezone Redevelopment General Plan Element Planned Unit Development Use Permit Coastal Permit Community Plan Site Plan Land Division (Subdivision, etc.) Other Tree Permit Development Type:

Residential: Units 7 Acres 2.5
Office: Sq.ft. Acres Employees Transportation: Type
Commercial: Sq.ft. Acres Employees Mining: Mineral
Industrial: Sq.ft. Acres Employees Power: Type MW
Educational Waste Treatment: Type MGD
Recreational Hazardous Waste: Type
Water Facilities: Type MGD Other: 5 Attached Assessory Dwelling Units Project Issues Discussed in Document:

Aesthetic/Visual Fiscal Recreation/Parks Vegetation
Agricultural Land Flood Plain/Flooding Schools/Universities Water Quality Air Quality Forest Land/Fire Hazard Septic Systems Water Supply/Groundwater Archeological/Historical Geologic/Seismic Sewer Capacity Wetland/Riparian Biological Resources Minerals Soil Erosion/Compaction/Grading Growth Inducement Coastal Zone Noise Solid Waste Land Use
Drainage/Absorption Population/Housing Balance Toxic/Hazardous Cumulative Effects Economic/Jobs Public Services/Facilities Traffic/Circulation Other: Tribal Cultural & Wildfire Present Land Use/Zoning/General Plan Designation:

Present Land Use – Undeveloped / Zoning – Low Density Residential – Planned Development / General Plan Designation – Low Density Residential Project Description: (please use a separate page if necessary) See Attachment B
SCH #

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Reviewing Agencies Checklist
Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X".

If you have already sent your document to the agency please denote that with an "S".

Air Resources Board S Office of Historic Preservation
Boating & Waterways, Department of Office of Public School Construction California Emergency Management Agency Parks & Recreation, Department of California Highway Patrol Pesticide Regulation, Department of S Caltrans District # 7 Public Utilities Commission
Caltrans Division of Aeronautics S Regional WQCB # 4
Caltrans Planning Resources Agency
Central Valley Flood Protection Board Resources Recycling and Recovery, Department of Coachella Valley Mountains Conservancy S.F. Bay Conservation & Development Commission Coastal Commission San Gabriel & Lower L.A. Rivers and Mtns Conservancy Colorado River Board San Joaquin River Conservancy
S Conservation, Department of Santa Monica Mountains Conservancy Corrections, Department of State Lands Commission
Delta Protection Commission SWRCB: Clean Water Grants
Education, Department of S SWRCB: Water Quality
Energy Commission SWRCB: Water Rights
S Fish & Wildlife Region # 5 Tahoe Regional Planning Agency Food & Agriculture, Department of Toxic Substances Control, Department of Forestry and Fire Protection, Department of Water Resources, Department of General Services, Department of
Health Services, Department of Other
Housing & Community Development Other
S Native American Heritage Commission
Local Public Review Period (to be filled in by lead agency) Starting Date November 10, 2021 Ending Date December 20, 2021 Lead Agency (Complete if applicable):

Consulting Firm: Environmental Science Associates Applicant: New Bridge Homes Address: 16755 Von Karman Avenue, Suite 200 Address: 500 Newport Center Drive, Suite 570 City/State/Zip: Irvine, CA 92606 City/State/Zip: Newport Beach, CA 92260 Contact: Michael E. Houlihan, AICP Phone: 949.344.2703
Phone: 949.753.7001
Signature of Lead Agency Representative: Date:

Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. 11/9/21

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Attachments
Notice of Completion & Environmental Document Transmittal Diamond Bar Crooked Creek Subdivision
Attachment A
Schools within two miles of the Project site include: Castle Rock Elementary School (0.75 miles), Evergreen Elementary School (1.4 miles), Shelyn Elementary School (1.9 miles), South Pointe Middle School (2.0 miles) and Diamond Bar High School (1.4 miles).

Attachment B
The Project includes the development of seven single-family residences, five attached accessory dwelling units, and associated infrastructure including a southward expansion of the existing Crooked Creek Drive and a maintenance access within the Proposed Development Area of the approximately 12.9-acre vacant Project Site. The Project consists of nine total lots: seven residential lots; one lot designated for the private roadway (i.e., southward expansion of Crooked Creek Drive); and one lot which includes the maintenance access and approximately 10.4 acres of retained undeveloped area. The single-family residences range in size from 3,893 square feet to 4,814 square feet up to 34 feet in height. Lots 2 through 6 also includes an attached accessory dwelling unit that range from 499 square feet to 600 square feet within the same structure as the single-family residence.

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Crooked Creek Residential Subdivision 5-1 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
CHAPTER 5
Mitigation Monitoring and Reporting Program
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
BIO-1: Prior to the issuance of a grading permit, the
Project applicant shall submit a construction site
housekeeping plan that reduces construction
disturbances. The housekeeping plan shall adhere to the following measures:

Project Applicant Community Development
Department
Prior to
issuance of
grading permit
 The Project disturbance limits shall be clearly
marked with construction fencing (or other
highly visible material), and
construction/materials staging and
vehicle/equipment maintenance and fueling
areas shall be located at least 100 feet away
from Brea Canyon Channel.

Project
Construction
Contractor
Community Development
Department
Prior to grading
 All Project-related construction vehicle traffic
shall be restricted to established roads,
construction areas, and other designated
areas.

Project
Construction
Contractor
Community Development
Department
During grading
 Construction Project-related vehicles shall
observe a daytime speed limit of 20 miles per
hour on streets within residential
neighborhoods and a speed limit of 15 miles
per hour on the Project site prior to the
construction of Crooked Creek Drive.

Project
Construction
Contractor
Community Development
Department
During
construction
 All excavated, steep-walled holes or trenches
more than 2-feet deep shall be covered at the
close of each construction work day by plywood
or similar materials. If the trenches cannot be
Project
Construction
Contractor
Community Development
Department
During
construction
Exhibit B

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5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-2 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
closed, one or more escape ramps constructed
of earthen-fill or wooden planks shall be
installed. Before such holes or trenches are
filled, they shall be thoroughly inspected for
trapped animals. In the case of trapped
animals, escape ramps or structures shall be
installed immediately to allow the animal(s) to
escape.
 All food-related trash items such as wrappers,
cans, bottles, and food scraps shall be
disposed of in securely closed containers and
removed at least daily from the construction
site.

Project
Construction
Contractor
Community Development
Department
During
construction
 Pets, such as dogs or cats, shall not be
permitted on the Project site during
construction to present harassment, injury, or
death of wildlife in the Project vicinity.

Project
Construction
Contractor
Community Development
Department
During
construction
 Use of rodenticides and herbicides on the
Project site shall be restricted. All uses of such
compounds shall observe label and other
restrictions mandated by the U.S.

Environmental Protection Agency, California
Department of Food and Agriculture, and other
State and federal legislation.

Project
Construction
Contractor
Community Development
Department
During
construction
BIO-2: Prior to the issuance of a grading permit, the
Project applicant shall submit a Stormwater Pollution
Prevention Plan to the City of Diamond Bar Public
Works Department for approval that specifies the best
management practices (BMPs) that would be used to
prevent construction pollutants from contacting
stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into
receiving waters. The BMPs could include the following:

Project Applicant Public Works Department Prior to
issuance of
grading permit
 Limiting grading to the minimum area
necessary for construction, operation and
decommissioning of the project (erosion
control);
Project
Construction
Contractor
Public Works Department During
construction

6.1.a
Packet Pg. 139

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-3 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
 Limiting vegetation disturbance/removal to the
maximum extent practicable (erosion control);
 Implementing fiber rolls and sand bags around
drainage areas and the site disturbance
perimeter (sediment control);
 Stockpiling and disposing of demolition debris
and soil properly (sediment control);
 Installation of a stabilized construction
entrance/exit and stabilization of disturbed
areas (sediment control);
 Proper protections for fueling and maintenance
of equipment and vehicles (non-stormwater);
 Managing waste, aggressively controlling litter,
and implementing sediment controls (nonstormwater)
BIO-3: If removal of onsite trees and vegetation occurs during the non-nesting season (September 16 through
December 31), no nesting survey or biological monitor
are required.

If the removal of onsite trees and vegetation occurs
during the nesting season (January 1 through
September 15), the Project applicant shall provide the
City documentation that a qualified biologist has been
retained and would conduct a preconstruction nesting
survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall
include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits.

If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and
songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be
delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no
longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit

6.1.a
Packet Pg. 140

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-4 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
recommendations proposed (e.g., a temporary
soundwall) as determined appropriate by the qualified
biologist to minimize impacts. The qualified biologist
shall monitor the removal of onsite trees and vegetation.

Nest buffer distance will be based on species, specific location of the nest, the intensity of construction
activities, existing disturbances unrelated to the
proposed Project, and other factors as determined by a
qualified biologist.

If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through
the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the
work area and areas that are 500 feet from the work
area.

BIO-4: Prior to the issuance of a grading permit, a
protected tree replacement plan shall be submitted to
the City of Diamond Bar for approval. The plan shall
demonstrate at least a 3:1 in-kind replacement ratio. The protected tree replacement plan shall be comprehensive
and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree
diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus
(Geosmithia morbida), polyphagous shot hole borer
(Euwallacea spp.), and goldspotted oak borer (Agrilus
auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using
best available management practices including: (1)
treated infected trees before removing them from the
Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the
introduction and/or spread of pathogens; (3) and
irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading
limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit

6.1.a
Packet Pg. 141

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-5 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
trees within landscaped areas and seedlings and
smaller-sized container trees in the undisturbed
woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project
site, some replacement trees shall be located off-site at a location approved by the City. The protected tree
replacement plan shall also provide a methodology of
soil preparation, planting, monitoring, survival
percentages and maintenance as well as corrective
measures if survival percentages do not meet the
replacement ratio.

BIO-5: Due to potential habitat within the Project
footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and
mobilization, a qualified biologist knowledgeable of
mountain lion species ecology should survey areas that
may provide habitat for mountain lions to determine
presence/absence and potential for natal dens. Caves
and other natural cavities, and thickets in brush and
timber provide cover and are used for denning. Females
may be in estrus at any time of the year, but in
California, most births are believed to occur in spring.

Surveys should be conducted when the species is most
likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results
including negative findings should be submitted to
CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites.

The survey report should include measures, such as
suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid
impacts to mountain lions that may be in the area as well as dens and cubs, if necessary.

Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
BIO-6: If potential habitat for natal-dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions,
especially during spring, to protect vulnerable cubs
should be implemented. Two weeks prior to Project
commencement, a qualified biologist should conduct a
Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit

6.1.a
Packet Pg. 142

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-6 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
survey for mountain lion natal dens. The survey area
should include the construction footprint and the area
within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be
notified within 24 hours upon location of a natal den. If an active natal den is located, during construction
activities, all work shall cease. No work shall occur
within a 2,000-foot buffer from an active natal den. A
qualified biologist shall notify CDFW to determine the
appropriate course of action. CDFW shall also be
consulted to determine an appropriate setback from the
natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain
lions have left the area; or as determined in consultation with CDFW.

BIO-7: If “take” or adverse impacts to mountain lion
cannot be avoided either during Project construction and over the life of the Project, Project proponent shall
consult CDFW and must acquire a CESA Incidental
Take Permit (pursuant to Fish & Game Code, §2080 et
seq.).

Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
BIO-8: Prior to initiation of Project construction and
activities within or adjacent to suitable nesting habitat during least Bell’s vireo breeding season (March 15 –
September 15), a qualified biologist with experience
surveying for least Bell’s vireo shall conduct surveys
following USFWS established protocols to determine
whether breeding and nesting least Bell’s vireos are
present within 500 feet of the Project site. If least Bell’s vireo is present, no construction shall take place from March 15 through September 15. The results of the
survey will be submitted to the City and CDFW.

Project Applicant;
Biologist
Community Development
Department
Prior to
issuance of
grading permit
CUL-1: The Applicant shall retain an archaeologist who
meets the Secretary of the Interior’s Professional
Qualifications Standards for Archaeology (Qualified
Archaeologist) to carry out all mitigation related to
archaeological resources. Prior to start of groundProject Applicant; Archaeologist
Community Development
Department
Prior to
issuance of
grading permit

6.1.a
Packet Pg. 143

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-7 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
disturbing activities, the Qualified Archaeologist or their designee (archaeological monitor) shall conduct cultural resources sensitivity training for all construction
personnel so that potential resources could be identified during construction activities and procedures for
encountering resources are understood by construction
personnel. Construction personnel shall be informed of
the types of archaeological resources that may be
encountered, the proper procedures to be enacted in the event of an inadvertent discovery of archaeological
resources or human remains, and safety precautions to
be taken when working with archaeological monitors.

The City shall ensure that construction personnel are
made available for and attend the training and retain
documentation demonstrating attendance.

CUL-2: Archaeological monitoring shall be conducted
during ground disturbing activities, such as
clearing/grubbing, grading, trenching, or any other
construction excavation activity associated with the
Project. Monitoring shall be conducted by the Qualified Archaeologist or the archaeological monitor who is
familiar with the types of archaeological resources that could be encountered and who will work under the direct supervision of the Qualified Archaeologist. Monitoring
can be reduced to part-time inspections or ceased
entirely if determined appropriate by the Qualified
Archaeologist, based on field observations. In the event that archaeological resources are unearthed during
ground-disturbing activities, the archaeological monitor shall be empowered to halt or redirect ground-disturbing activities away from the vicinity of the discovery until it has been evaluated. The archaeological monitor shall
keep daily logs detailing the types of activities and soils observed, and any discoveries.

Archaeological
monitor
Community Development
Department
During ground
disturbing
activities

6.1.a
Packet Pg. 144

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-8 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
CUL-3: In the event of the unanticipated discovery of
archaeological materials, the Qualified Archaeologist or archaeological monitor shall immediately cease all work activities in the area (within approximately 100 feet) of the discovery until it can be evaluated by the Qualified Archaeologist. Construction shall not resume until the
Qualified Archaeologist has conferred with the City on
the significance of the resource. If it is determined that the discovered archaeological resource constitutes a
historical resource or unique archaeological resource
pursuant to CEQA, avoidance and preservation in place
shall be the preferred manner of mitigation. Preservation in place maintains the important relationship between
artifacts and their archaeological context and also
serves to avoid conflict with traditional and religious values of groups who may ascribe meaning to the
resource. Preservation in place may be accomplished
by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site
into a permanent conservation easement. In the event
that preservation in place is determined to be infeasible and data recovery through excavation is the only
feasible mitigation available, an Archaeological
Resources Treatment Plan shall be prepared and
implemented by the Qualified Archaeologist that
provides for the adequate recovery of the scientifically consequential information contained in the
archaeological resource. The City shall consult with
appropriate Native American tribal representatives in
determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the
resources, beyond those that are scientifically important, are considered. The treatment plan shall include
provisions for the final disposition of the recovered
resources, which may include onsite reburial, curation at a public, non-profit institution, or donation to a local Native American Tribe, school, or historical society.

Archaeologist;
Archaeological
monitor
Community Development
Department
During ground
disturbing
activities
CUL-4: At the conclusion of archaeological monitoring
and prior to the release of the grading bond, the
Qualified Archaeologist shall prepare a final monitoring report. The report shall include a summary of monitoring Archaeologist Community Development
Department
Prior to
release of
grading bond

6.1.a
Packet Pg. 145

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-9 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
results, description of resources unearthed, if any,
significance evaluation and treatment of the resources, and the results of the artifact processing, analysis, and research. Appropriate California Department of Parks
and Recreation 523 Forms shall be appended to the
report, as necessary. The report shall be submitted by
the Applicant to the City to signify the satisfactory
completion of the Project and required mitigation
measures. The Qualified Archaeologist shall submit the
final report to the South Central Coastal Information
Center within 30 days of its acceptance by the City.

CUL-5: If human remains are encountered, the
Applicant or its contractor shall halt work in the vicinity (within 100 feet) of the discovery and contact the Los
Angeles County Coroner in accordance with Public
Resources Code Section 5097.98 and Health and Safety
Code Section 7050.5, which requires that no further
disturbance shall occur until the County Coroner has
made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If
the remains are determined to be of Native American
descent, the coroner has 24 hours to notify the Native
American Heritage Commission (NAHC). The NAHC
shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the
permission of the landowner, or his or her authorized
representative, inspect the site of the discovery of the Native American remains and may recommend to the
owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods.

The MLD shall complete their inspection and make their
recommendation within 48 hours of being granted
access by the landowner to inspect the discovery. The
recommendation may include the scientific removal and
nondestructive analysis of human remains and items
associated with Native American burials. Upon the
discovery of the Native American remains, the
landowner shall ensure that the immediate vicinity,
according to generally accepted cultural or
archaeological standards or practices, where the Native Applicant;
Archaeologist;
Community Development
Department
During ground
disturbing
activities

6.1.a
Packet Pg. 146

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-10 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
American human remains are located, is not damaged
or disturbed by further development activity until the
landowner has discussed and conferred, as prescribed
in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner
shall discuss and confer with the MLD on all reasonable options regarding their preferences for treatment.

If the NAHC is unable to identify an MLD, or the MLD
identified fails to make a recommendation, or the
landowner rejects the recommendation of the MLD and
the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures
acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human
remains with appropriate dignity on the facility property in a location not subject to further and future subsurface disturbance.

PALEO-1: The Applicant shall retain a paleontologist
who meets the Society of Vertebrate Paleontology’s
(SVP, 2010) definition for Qualified Professional
Paleontologist to carry out all mitigation related to
paleontological resources. Prior to the start of grounddisturbing activities, the Qualified Professional Paleontologist or their designee (Paleontological
Resource Monitor who meets the definition in SVP 2010)
shall conduct construction worker paleontological
resources sensitivity training for all construction
personnel. Construction personnel shall be informed on
how to identify the types of paleontological resources
that may be encountered, the proper procedures to be
enacted in the event of an inadvertent discovery of
paleontological resources, and safety precautions to be taken when working with paleontological monitors. The
City shall ensure that construction personnel are made
available for and attend the training and retain
documentation demonstrating attendance.

Project Applicant;
Paleontologist
Community Development
Department
Prior to
issuance of
grading permit

6.1.a
Packet Pg. 147

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-11 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
PALEO-2: Paleontological monitoring shall be
conducted during ground-disturbing activities below 5
feet in Quaternary alluvium and at all depths within the La Vida Member of the Puente Formation. Monitoring
shall be conducted by the Qualified Professional
Paleontologist or their designee (Paleontological
Resource Monitor working under the direct supervision
of the Qualified Professional Paleontologist. Monitoring shall follow the standard procedures of the Society of
Vertebrate Paleontology (SVP, 2010). Monitoring shall
consist of visually inspecting fresh exposures of rock for larger fossil remains and, where appropriate, collecting sediment samples to wet or dry screen to test promising horizons for smaller fossil remains. If the Qualified
Professional Paleontologist determines that full-time
monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, the
Qualified Professional Paleontologist may recommend
that monitoring be reduced to periodic spot-checking or cease entirely.

Paleontological
monitor
Community Development
Department
During ground
disturbing
activities
PALEO-3: If a potential fossil is found, the Qualified
Professional Paleontologist or their designee
(Paleontological Resource Monitor) shall monitor
excavation activities and shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery. An appropriate buffer area shall be
established by the Qualified Professional Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue
outside of the buffer area. At the Qualified Professional Paleontologist or Paleontological Resource Monitor’s
discretion, and to reduce any construction delay, the
grading and excavation contractor shall assist in
removing rock/sediment samples for initial processing
and evaluation. If a fossil is determined to be significant, the Qualified Professional Paleontologist shall
implement a paleontological salvage program to remove
the resources from their location, following the
guidelines of the SVP (2010). Any fossils encountered
Paleontologist;
Paleontological
monitor
Community Development
Department
During ground
disturbing
activities

6.1.a
Packet Pg. 148

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-12 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
and recovered shall be prepared to the point of
identification, catalogued, and curated at a public, nonprofit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution
agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying
notes, maps, and photographs shall also be filed at the repository and/or school.

If construction personnel discover any potential fossils during construction while the Qualified Professional
Paleontologist or Paleontological Resource Monitor is
not present, regardless of the depth of work or location, work at the discovery location shall cease in a 50-foot radius of the discovery until the Qualified Professional Paleontologist has assessed the discovery and
recommended and implemented appropriate treatment
as described earlier in this measure.

PALEO-4: At the conclusion of paleontological
monitoring and prior to the release of the grading bond, the Qualified Professional Paleontologist shall prepare a report summarizing the results of the monitoring and
salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted by the
Applicant to the City, the Natural History Museum of Los Angeles County, and representatives of other
appropriate or concerned agencies as determined by the
Qualified Professional Paleontologist to signify the
satisfactory completion of the Project and required
mitigation measures
Paleontologist Community Development
Department
Prior to release
of grading bond
NOISE-1: The operation of large bulldozers and drill rigs shall be prohibited within 115 feet of existing residential structures located east and west of the existing Crooked Creek cul-de-sac. Instead, small construction equipment such as small bulldozers, shall be used within this area during the duration of construction.

Project
Construction
Contractor
Community
Development
Department
During
construction
activities

6.1.a
Packet Pg. 149

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-13 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
NOISE-2: The operation of loaded trucks traveling within the on-site unpaved surfaces, shall not occur within 105 feet of existing residential structures located immediately east and west of the existing Crooked Creek Drive culde-sac adjacent to the Project Site. A temporary asphalt surface shall be installed, extending Crooked Creek
Drive onto the Project Site to allow access for loaded
trucks within 105 feet from existing residential structures.

Project
Construction
Contractor
Community Development
Department
During
construction
activities
NOISE-3: During all phases of construction, trucks
traveling on paved surfaces (within the residential
roadway network) shall travel at speeds no greater than 15 miles per hour.

Project
Construction
Contractor
Community Development
Department
During
construction
activities
TCR-1: Prior to the commencement of any grounddisturbing activity at the Project Site, the Applicant shall retain a Native American monitor. The Native American
monitor shall be selected from a tribe that has requested that a monitor be present, and in which the Project Site is within their ancestral region of occupation. The Native American monitor shall only be present on-site during
the construction phases that involve ground-disturbing
activities. Ground-disturbing activities are defined as activities that may include, but are not limited to,
grubbing, tree removals, boring, grading, excavation,
drilling, and trenching. The Native American monitor
shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all
ground-disturbing activities on the Project Site are
completed, or when the Native American monitor has
indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting tribal cultural resources.

Applicant Community Development
Department
Prior to ground
disturbing
activities
TCR-2: In the event tribal cultural resources are
discovered during Project construction, construction
activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All tribal cultural resources unearthed by Project activities shall be evaluated by the Native
Project
Construction
Contractor;
Applicant;
Archaeologist
Community Development
Department
Prior to ground
disturbing
activities

6.1.a
Packet Pg. 150

5. Mitigation Monitoring and Reporting Program
Crooked Creek Residential Subdivision 5-14 ESA / 180195.00 Response to Comments on Public Review Draft April 2022
Initial Study / Mitigated Negative Declaration
Mitigation Measures
Implementation
Responsibility Monitoring Responsibility Timing
Date of
Compliance
American monitor and the Qualified Archaeologist who
meets the Secretary of the Interior’s Professional
Qualifications Standards for Archaeology. If the tribal cultural resources are also historical resources or unique archaeological resources, the affected tribe, City, and Qualified Archaeologist will confer on the final
disposition of the resource(s), which may include onsite reburial, curation at a public, non-profit institution, or donation to the affected tribe. If the tribal cultural
resources are not also historical resources or unique
archaeological resources, the affected tribe will retain it/them in the form and/or manner the tribe deems
appropriate, for educational, cultural and/or historic
purposes. Work may continue in other parts of the
Project Site while evaluation and any required recovery activities take place. Preservation in place (i.e.,
avoidance) is the preferred manner of treatment. If
preservation in place is not feasible, treatment may
include implementation of archaeological data recovery
excavations to remove the resource along with
subsequent laboratory processing and analysis.

6.1.a
Packet Pg. 151
RESOLUTION NO. 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND

BAR, CALIFORNIA, APPROVING THE CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED

DEVELOPMENT REVIEW, TREE PERMIT, AND CONDITIONAL USE

PERMIT, LOCATED AT THE SOUTHERN TERMINUS OF CROOKED
CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD

AND BREA CANYON FLOOD CONTROL CHANNEL, AND NORTH OF
THE CITY’S SOUTHERN BOUNDARY (ASSESSORS PARCEL NO. 8714- 028-003).

A. RECITALS

1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive (“Project”).

2. The Project is comprised of the following entitlement requests:
(a) Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes.
(b) Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards.
(c) Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site.
(d) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards:

6.1.b
Packet Pg. 152
Resolution No. 2022-25
2 i. Increase the exposed retaining wall height limit from six feet to 17 feet.
ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively.
iii. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.

3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL).

4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 3-4. The Assessor’s Parcel Number (APN) is 8714-028- 003.

5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021, and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting.

Pursuant to CEQA Guidelines Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days.

6. In accordance with CEQA Guidelines Section 15074, a Resolution approving the Mitigated Negative Declaration and adopting a Mitigation Monitoring and Reporting Program for the Project was reviewed by the City Council concurrently with this Resolution.

7. On April 15, 2022, notification of the Planning Commission public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.

8. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.

6.1.b
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Resolution No. 2022-25
3 9. On May 6, 2022, notification of the City Council public hearing for the Proposed Project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites.

10. On May 17, 2022, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date.

11. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765.

B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows:

1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct;

2. The City Council hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder.

The minimum 30-day public review period for the MND began on November 10, 2021, and ended on December 20, 2021. Furthermore, the City Council has reviewed the MND and related documents in reference to the Project.

C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080, 22.48, 22.38.110, and

22.58.040, this City Council hereby finds and recommends as follows:

Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City’s Subdivision Ordinance, the City Council makes the following findings:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan.

The current General Plan land use designation for the Project site is Low Density Residential (RL). The General Plan density limit allows up to three

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4 units per acre and the proposed density is 1.84 units per acre. The Project is consistent with the General Plan land use designation in terms of land use, and the design and appearance of the Project is compatible with the surrounding community as follows:
• Quality Housing. The project contributes to the diversity of the City’s housing stock with high-quality housing, and the proposed architectural plans facilitate the incorporation of ADUs to accommodate people of all ages, occupations and levels of financial status [General Plan Guideline LU-G-7].
• Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures [General Plan Policy LU-P-18].
• Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan Policies LU-P-55 and LU-P-56].
• Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement.

The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights.

Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges

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5 of buildings and walls and the softer horizontal lines of the site [General Plan Policies LU-P-1 and LU-P-8].
• Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan Policy LU-P-56].

The Project site is not a part of any specific plan.

2. The site is physically suitable for the type and proposed density of development.

The Project is consistent with the General Plan land use designation of Low Density Residential and the zoning designation of RL-PD (Low Density Residential-Planned Development), which allows for the development of seven for-sale dwelling units, five ADUs and a trailhead. The Project Site is located within an urbanized area which will be adequately served by the proposed extension of the roadway and associated infrastructure.

3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat.

In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, the following mitigation measures are part of the Project approval:

BIO-1: Prior to the issuance of a grading permit, the Project applicant shall submit a construction site housekeeping plan that reduces construction disturbances, as outlined in the Mitigation Monitoring and Reporting Program.

BIO-2: Prior to the issuance of a grading permit, the Project applicant shall submit a Stormwater Pollution Prevention Plan to the Public Works Department for approval that specifies the best management practices (BMPs) that would be used to prevent construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into receiving waters, as outlined in the Mitigation Monitoring and Reporting Program.

BIO-3: If removal of onsite trees and vegetation occurs during the nonnesting season (September 16 through December 31), no nesting survey or biological monitor are required.

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6 If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits.

If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed.

The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist.

If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area.

BIO-4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in-kind replacement ratio. The protected tree replacement plan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the introduction and/or spread of pathogens; (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed trees within landscaped areas and

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7 seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off-site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio.

BIO-5: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lions to determine presence/absence and potential for natal dens.

Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births are believed to occur in spring.

Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures, such as suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary.

BIO-6: If potential habitat for natal-dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions, especially during spring, to protect vulnerable cubs should be implemented. Two weeks prior to Project commencement, a qualified biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work shall cease. No work shall occur within a 2,000-foot buffer from an active natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW.

BIO-7: If “take” or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project

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8 proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, §2080 et seq.).

BIO-8: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell’s vireo breeding season (March 15 – September 15), a qualified biologist with experience surveying for least Bell’s vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell’s vireos are present within 500 feet of the Project site. If least Bell’s vireo is present, no construction shall take place from March 15 through September 15. The results of the survey will be submitted to the City and CDFW.

4. The design of the subdivision or type of improvements will not cause serious public health or safety problems.

The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the site development has been designed to comply with the California Building Code, subject to amendments that impose additional requirements to address local geotechnical conditions, as well as the recommendations of licensed land development engineers. Grading of the Project Site will be conducted in accordance with the recommendations outlined in the Project’s geotechnical investigation so as to assure that geotechnical stability is maintained or increased.

Site access has been analyzed by a licensed traffic engineer, who determined that the subdivision and roadway design is adequate to serve the proposed development, and function adequately as part of the existing circulation system to which it connects. The street configuration has been reviewed and approved by the County of Los Angeles Fire Department. The roadway layout is primarily guided by the organization of land uses within the subdivision, as well as site-specific topographic and geotechnical factors.

5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision.

The Project site has a Los Angeles County storm drain easement at the southwestern corner of the site. Storm drain connections to and/or construction activities encroaching into a LACFCD easement require a County permit.

6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.

Wastewater originating from the Project site will ultimately be conveyed to

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9 the LACSD’s Diamond Bar Trunk Sewer located in Brea Canyon Road at Via Sorella. The trunk sewer has a capacity of 12.3 million gallons per day (mgd) and a peak flow of 3.4 mgd when last measured in 2014. The discharge of sewage from the proposed subdivision into the community sewer system will not cause the existing sewer system to exceed its design capacity in accordance with the Crooked Creek Sewer Study Verification dated October 8, 2020.

7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions.

The grading of the Project Site will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Any remaining historical landslides within the project will be mitigated during construction per the preliminary geotechnical report.

8. The proposed subdivision is consistent with all applicable provisions of the City’s subdivision ordinance, the development code, and the subdivision map act.

Conformity with the applicable provisions of the Subdivision Map Act, Subdivision Code and Development Code was verified by the City during the technical review of the Project. Any inconsistencies during the review process were corrected prior to the City deeming the Project complete and placing the matter on the Planning Commission public hearing agenda.

Development Review Findings (DBMC Section 22.48)

1. The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments):

The design of the Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines and development standards (with the exception of deviations allowed within the “Planned Development Overlay District”). The City’s General Plan Policy LU-P-56 requires that development on privately-owned, residentially designated land in hillside areas be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification.
• Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with

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10 varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures [General Plan LU-P-18]. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan LU-P-55 and LU-P-56].
• Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement.

The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights.

Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site [General Plan LU-P-1 and LU-P-8].
• Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan LU-P-56].

The applicant submitted the Fuel Modification Plan as well as the conceptual landscape plans to the Fire Department for preliminary review and received a preliminary approval on August 27, 2021.

2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards:

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11 The Project will not interfere with the use or enjoyment of neighboring existing or future developments because the Project is designed to minimize the negative impacts on the surrounding homes, as described above.

The Project will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. Based on the analysis provided in the Crooked Creek Trip Generation and Vehicle Miles Traveled (VMT) Screening Assessment prepared by Urban Crossroads, the total of 312 daily trips is substantially less than the City’s desired roadway capacity of 2,500 daily trips on a residential local street. Operation of the Project would result in an additional 104 trips per day, which is less than the 110 trips per day identified in the City’s adopted Guidelines as resulting in a less than significant VMT impact.

3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan:

The City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline.

The Project is designed to be compatible and complementary to the neighborhood, as well as incorporates the principles of the City’s Residential Design Guidelines as follows:
• Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures.
• Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement.

4. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the

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12 vicinity:

Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Safety Division, the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity.

5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA):

In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting.

Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days.

Tree Permit Findings (DBMC Section 22.38.110)

1. Preservation of the tree is not feasible and would compromise the property owner’s reasonable use and enjoyment of property and surrounding land and appropriate mitigation measures:

The project requires the removal of two non-protected trees and 62 protected trees consisting of 58 Southern California black walnuts and four coast live oaks. The applicant proposes to plant 201 Southern California black walnuts (27 more than the minimum 3:1 replacement requirement) and 12 coast live oaks, totaling 213 replacement trees are proposed to be planted on-site. A mitigation measure outlined in the Mitigation Monitoring and Reporting Program requires the replacement trees to include a combination of boxed trees within landscaped areas and seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. Prior to the issuance of a grading permit, a protected tree replacement plan will be required, which will provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees will be a minimum 24-inch box size, while the Southern California black walnuts will be planted as 5-gallons due to the limited availability of nursery stock in larger sizes.

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13 Additionally, prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant is required to submit a detailed tree mitigation plan specifying the following: (1) describe the number, size, and location of compensatory trees to be planted; (2) outline success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) a certified arborist shall evaluate trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant’s obligations for a minimum three-year period, including the annual reporting; (5) the amount and derivation of the security deposit required under the City’s tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on-site.

Conditional Use Permit Findings (DBMC Section 22.58.040)

1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code.

The proposed development is subject to a Planned Development Overlay District to allow for modifications to the City’s development standards. The Project complies with the development standards in the RL zone with the exception of the modifications requested as follows:
• Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and
• Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.

The Planned Development Overlay District allows for modifications from code-prescribed development standards when such modifications are warranted due to the unique topographical constraints and configuration of a development site. Staff finds that the proposed modifications to the development standards will facilitate the avoidance or substantial reduction in impacts to the surrounding ecological resources by reducing grading encroachments into the existing hillside, as well as protecting the privacy of the existing homes located adjacent to the flood control channel. Without the proposed modifications to the code-prescribed development standards, more retaining walls and grading would be required to create the building pads and roadway improvements for the proposed development.

2. The proposed use is consistent with the General Plan and any applicable

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14 specific plan.

The Low Density Residential Planned Development (RL-PD) zone and General Plan land use designation of Low Residential allows for singlefamily residential development at three units per acre, which is consistent with the proposed development. There is no specific plan proposed as part of this development.

3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

The Project has been designed to locate the proposed homes closest to the street to the extent possible, away from the existing residential properties across the flood control channel and alleviate any potential privacy concerns from the height of the buildings. The modifications incorporated into the design of the Project allows the buildings to be located closer to the street. The Planned Development Overlay District allows for the modifications based on the site design and the proposed Project design incorporating these modifications is deemed to be the best layout due to the topographical constraints of the lot.

4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints.

The Project will be consistent with the General Plan land use designation of Low Density Residential (RL) and the zoning designation of Low Density Residential Planned Development (RL-PD), which allows for single-family residential development at three units per acre. The Project can be adequately served by the proposed extension of the roadway and associated infrastructure. The Project will not cause the increase in vehicle trips or VMT that would result in a significant impact. All utility services will be provided to the property.

The site is surrounded by existing single-family residential development to the north, single-family residences along Running Branch Road to the east, the Brea Canyon Flood Control Channel and single-family residences along Castle Rock Road to the west, and undeveloped area (within Los Angeles County jurisdiction) and an existing Southern California Edison (SCE) tower and associated electrical lines to the south. The Project is designed to minimize the negative impacts on the surrounding homes with the use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Furthermore, there is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. Therefore, the property is physically able to accommodate the Project.

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15 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, the Building and Safety Division, the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity.

6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA).

In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting.

Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days.

Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080, 22.48, 22.38.110, and 22.58.040, this City Council hereby finds and approves the Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit, subject to the following conditions, and the attached Conditions of Approval:

A. GENERAL

1. The following Conditions of Approval, including the Standard Conditions of Approval attached hereto, shall be binding on and enforceable against, and, whenever used herein, the terms “applicant”, "owner", and/or "applicant/owner" shall mean and refer to, each of the following: the project applicant, New Bridge Homes, the owner(s), Cathay View Development, LLC, and tenants(s) of the property, and each of their respective successors and assigns.

2. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, at the City of Diamond Bar Community

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16 Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees.

3. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein.

4. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration.

5. All landscaping on the site shall comply with the City’s Water Conservation Landscaping Ordinance.

6. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion.

7. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future homeowners’ association (HOA) shall be set forth in the association CC&R’s, which shall be subject to review and approval by the City prior to final map recordation.

8. To prevent new sources of light and glare to the area, no construction activities requiring lighting shall occur after daylight hours.

Construction activities shall comply with the City of Diamond Bar Noise Ordinance which requires construction activities to occur between 7:00 AM and 7:00 PM, Monday through Saturday, except on federal holidays. Since daylight ends earlier during the winter, no construction activities shall occur after 5:00 PM during this time (6:00 PM if Daylight Saving Time is imposed year-round).

9. Pursuant to Government Code Section 66020, the Applicant is informed that the 90-day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun.

B. VESTING TENTATIVE TRACT MAP

1. Prior to the recordation of the final map, the development shall comply with the specific requirements of Chapter 21.30 (Subdivision

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17 Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 54081 including all conditions, and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney.

2. The approval of Vesting Tentative Tract Map No. 54081 expires within three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request for a time extension if such request submitted to the City in writing is no less than 30 days prior to the approval’s expiration date, subject to DBMC Section 21.20.150 for City Council approval.

3. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration. All required mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map.

4. Prior to final tract map approval, the subdivider shall pay a parkland dedication in lieu fee for park and recreational purposes in the amount of $270,319, which equals the parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the average per-acre fair market value for the appropriate park planning area. For the purposes of determining the required fee, the term “fair market value” shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable.

Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

5. Prior to final tract map approval, show the location of an access

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18 easement that would ensure ongoing maintenance of the retaining walls and associated landscaping adjacent to the flood control channel.

6. Prior to the issuance of a building permit for the first residential unit, the applicant shall submit an improvement plan that shows the trail access point and trailhead at the south end of Crooked Creek Drive to connect to the future Schabarum trail (at the property line) for review and approval by the Community Development Director and Parks and Recreation Director. The trailhead shall include decomposed granite, City signage, and a shaded bench per the City design standards (parking, water fountain, and trash receptacles are not required).

7. Lot A (trailhead) shall be owned and maintained by the HOA. At such time when connection to the County Schabarum Trail is established, the six-foot high wrought iron fencing located on Lot A shall be removed and Lot A shall be transferred to the City through an irrevocable offer of dedication.

8. Prior to dedication of Lot A to the City, a detailed Maintenance and Operations Plan referred to on the Project Plans as the trailhead shall be submitted to the Parks and Recreation Director for review and approval.

9. Prior to the issuance of building permits, the applicant shall prepare Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the HOA for the approval of the Planning Division, Public Works Department, and the City Attorney. The approved CC&Rs shall be recorded concurrently with the Final Map, and a recorded copy shall be provided to the Community Development Department. Without limiting the City’s approval rights, the CC&Rs shall, at a minimum, comply with the following requirements:
i. The CC&Rs shall require the HOA to submit to the Planning Division, a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes.
ii. The Conditions of Approval for Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit (Planning Case No. PL2017-203) shall be
incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs. The CC&Rs shall require that all portions of the project be used, improved, repaired and maintained in strict compliance with all applicable provisions of the Conditions of Approval.

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19 iii. The CC&Rs shall include a provision acceptable to the City requiring the HOA and the property owners to maintain the project in compliance with all applicable water quality laws, regulations, and standards of the State, City, or any other applicable governmental agency, to implement, and fund
implementation of, the approved Operation and Maintenance (“O&M”) Plan for the property, and to operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan.
iv. The CC&Rs shall include provisions regarding the preservation of coast live oaks and Southern California black walnut trees as outlined in the tree mitigation plan.
v. The CC&Rs shall include a provision that existing trees on Lot B shall be maintained.
vi. The CC&Rs shall include a provision for Lot A (trailhead) to be owned and maintained by the HOA. At such time when
connection to the County Schabarum Trail is established, the HOA will be required to remove the six-foot high wrought iron fencing located on Lot A and Lot A will be provided to the City through an irrevocable offer of dedication.
vii. The CC&Rs shall include provisions that ADUs may not be sold separately from the primary residence and shall not have separate metered utilities. All utilities serving an ADU shall be common to and dependent on the primary residence.
viii. The CC&Rs shall include a provision regarding the preservation of existing landscaping within the 15-foot-wide landscape easement in the rear yard of lots 2 through 4 and the 10-foot-wide landscape easement in the rear yard of lots 5 through 7. ix. The CC&Rs shall include a provision that all retaining walls adjacent to the flood control channel and adjacent to the roadway shall be maintained by the HOA. All associated landscaping which are part of screening the walls shall also be maintained by the HOA.
x. The CC&Rs shall include provisions acceptable to the City regarding graffiti abatement.
xi. The CC&Rs shall identify the City as an express third-party beneficiary for purposes of enforcing the CC&Rs and these Conditions of Approval and shall give the City the right, but not the obligation, to enforce the provisions of the CC&Rs and the Conditions of Approval by any legal or equitable means, or by any method available to the HOA, against the Declarant, HOA,

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20 property owners, their successors and assigns, or other persons in possession of the Project. In the enforcement of the CC&Rs, the City shall not be limited to the procedures or processes applicable to the HOA and may use any remedy provided under law or equity, including the City’s Municipal Code. Any Alternative Dispute Resolution procedures set forth in the CC&Rs shall not apply to or bind the City.
xii. The CC&Rs may not be terminated or substantially amended without prior written approval of the City.

10. Prior to the final map recordation or issuance of building permit, whichever comes first, the applicant shall provide the City with a “Buyer’s Awareness Package” for the City’s review and approval.

The Buyer’s Awareness Package shall include, but is not limited to, information pertaining to preservation of coast live oaks and Southern California black walnut trees, preservation of existing landscaping within the 10-foot wide and 15-foot wide landscape easements, natural vegetation preservation issues, all mitigation measures within the Mitigation Monitoring and Reporting Program and explanatory information pertaining to restrictions on the use of properties such as for the ADUs, and similar related matters. The applicant shall give each buyer a copy of the Buyer’s Awareness Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City.

11. All on-site utilities shall be placed underground at the time of development. Equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground. The Applicant shall make the necessary arrangement with the affected utility companies for facility installation [DBMC Sections 21.30.110 and 22.16.110].

B. DEVELOPMENT REVIEW

1. This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans for a 7-unit residential development to be constructed at the southern terminus of Crooked Creek Drive, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution.

2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the

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21 approved Development Review submittal, the plans may require further staff review and re-notification of the surrounding property owners, which may delay the project and entail additional fees.

3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City’s Consulting Landscape Architect for compliance with the Water Conservation Landscaping Ordinance. Appropriate and sufficient irrigation shall be provided to the Verdura walls and fast-growing plant materials that grow year-round shall be used.

4. On the plans submitted for building plan check, provide variation and diversity to the homes on Lots 2 and 3 so they are not easily recognized as having the same floor plans by differentiating the two elevations. Conformance with this condition shall be determined by the Community Development Director or their designee.

5. All lighting fixtures shall be approved by the Planning Division as to type, orientation, and height. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties.

6. Prior to the issuance of building permits, house numbering plans shall be submitted to and approved by the Public Works Department.

All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination.

7. Best Management Practices (BMP) devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type which minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County and/or by the City, the responsibilities for and the funding of the maintenance of BMPs shall constitute obligations of the HOA.

8. On the construction documents, show all proposed utility structures, i.e., a/c units, fire sprinkler apparatus, transformers, gas meters, water meters, cable, etc. Coordinate with all utility companies regarding the placement and screening of all utilities from street view.

The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style and shall blend with the design of the structure and include appropriately installed and maintained landscaping when on the ground [DBMC Section 22.16.080(2)].

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22 9. Additional approvals may also be considered by other agencies with jurisdiction over the Project. In order to demonstrate compliance with applicable State and federal resource protection policies, prior to the issuance of grading permit, where applicable, the Applicant shall provide the Community Development Director with documentation of receipt of the following permits from the Los Angeles County Flood Control District construction easements within the Brea Channel, a California Department of Fish and Wildlife Streambed Alteration Agreement, a Los Angeles Regional Water Quality Control Board Section 401 Certification, and a U.S. Army Corps of Engineers Section 404 Permit. The Applicant shall comply with all associated permit requirements.

10. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Fuel Modification Plan to the Los Angeles County Fire Department (LACFD) for review and approval.

11. Prior to the issuance of building permits, the following plans shall be submitted to the LACFD for review and approval, and documentation of such approvals shall be submitted to the City: (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable Fire Code requirements; and (2) building plans. The project’s water system shall be designed in response to final fire flow requirements identified by the LACFD.

12. Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period to the LACFD for review and approval. The Applicant shall abide by specific project-level permit conditions identified by the LACFD.

13. Prior to the issuance of a grading permit, the Applicant shall submit to the Building Official for review and approval a temporary fencing and signage plan designed to discourage access to any active construction areas by children and other unauthorized parties.

14. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur

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23 within three months of grading completion [DBMC Section 22.22.080 (b)(2)].

C. TREE PERMIT

1. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall submit a protected tree replacement plan, which shall provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees shall be a minimum 24-inch box size and the Southern California black walnuts shall be a minimum size of 5-gallons.

2. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall develop a detailed tree mitigation plan specifying the following: (1) the number, size, and location of compensatory trees to be planted; (2) success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) Examination by a certified arborist of trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant’s obligations for a minimum three-year period, including annual reporting; (5) the amount and derivation of the security deposit required under the City’s tree preservation ordinance; and submit the plan to the City for review and approval.

Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on-site.

The City Council shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail, to:

Cathay View Development, LLC, 701 S. San Gabriel, Suite D, San Gabriel, CA 91176; and New Bridge Homes, 500 Newport Center Drive, Suite 570, Newport Beach, CA 92660.

PASSED, APPROVED and ADOPTED this 17th day of May, 2022.

(Signatures on following page)

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24 CITY OF DIAMOND BAR
________________________
Ruth M. Low, Mayor
ATTEST:

I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing 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 17 th day
of May, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
________________________
Kristina Santana, City Clerk

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25 COMMUNITY DEVELOPMENT

DEPARTMENT

STANDARD CONDITIONS

USE PERMITS, COMMERCIAL AND RESIDENTIAL

NEW AND REMODELED STRUCTURES
PROJECT #: Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No.

PL2017-203
SUBJECT: To construct seven single-family residences and associated infrastructure including a southward extension of Crooked Creek Drive on a 12.9-acre undeveloped site
PROPERTY Cathay View Development, LLC, 701 S. San Gabriel, Suite OWNER: D, San Gabriel, CA 91176
APPLICANT: New Bridge Homes, 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660
LOCATION: Southern terminus of Crooked Creek Drive, east of the SR57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City’s southern boundary (Los Angeles County Assessor’s Parcel Number 8714-028-
003)
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.

APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

A. GENERAL REQUIREMENTS

1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and

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26 employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys’ fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.

2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports.

3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar.

4. Signed copies of City Council Resolution No. 2022-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.

5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval.

6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed.

7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations.

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27 8. Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance.

9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first.

10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval.

11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department.

B. FEES/DEPOSITS

1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first.

2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits.

C. TIME LIMITS

1. The approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing a one-year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval.

D. SITE DEVELOPMENT

1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations.

2. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened

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28 through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division.

3. All roof-mounted equipment shall be screened from public view.

4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance.

All graffiti shall be removed within 72 hours by the property owners/occupant.

5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved.

6. If any aspect of construction requires the use of an easement on a third party’s property or the use of an easement granted to a third party on the applicant’s property, the applicant must provide the City with correspondence/proof documenting that the easement has been granted before any building permits will be issued.

7. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director.

8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections.

9. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected.

10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070.

E. SOLID WASTE

1. The site shall be maintained in a condition, which is free of debris both during and

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29 after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services.

2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project.

APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

A. GENERAL

1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval.

2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities.

3. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use.

4. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval.

5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements.

6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security.

7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer,

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30 surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements.

8. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer.

9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the City Council.

10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as “Restricted Use Area” subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map.

11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer.

12. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map.

13. Prior to any work performed in the street right-of-way along Crooked Creek Drive, permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required.

14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City.

15. After the final map recordation, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size of electronic copy of the recorded map. Final approval of the public improvements shall not be given until a copy of the recorded map is received by the Public Works/Engineering Department.

16. Prior to occupancy, the applicant shall provide to the City electronic as-builts, stamped by appropriate individuals certifying all improvements at no cost to the City.

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31 17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include City administrative costs.

18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City.

19. Applicant shall provide an easement to the walls and its associated landscaping located adjacent to the Los Angeles County Flood Control channel.

20. All easements and improvements associated with landscaping, walls, subdivision entrance, slopes and BMPs shall be owned and maintained by the HOA.

21. All activities/improvements proposed for VTTM 54081 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer.

B. GRADING

1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council.

2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by onsite and offsite grading.

3. Before the issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval.

4. All sewer and storm drain plans shall be approved by the City Engineer and Los Angeles County Public Works Department prior to grading permit issuance.

5. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review.

6. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Building and Safety Division for review and approval

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32 concurrently with the grading plan check.

7. All grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 8:00 AM and 4:00 PM, Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels.

8. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6-foot-high chain link fence. All access points shall be locked whenever the construction site is not supervised.

9. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance-related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer

10. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and

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33 non-vehicular access along Crooked Creek Drive throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic mitigation plan and traffic control plan.

11. The staging, storage, and maintenance areas for diesel-powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor.

12. Precise grading plans for each lot shall be submitted to the Public Works/Engineering Department for approval prior to issuance of building permits.

13. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices.

14. The maximum grade of driveways serving building pad areas shall be 15 percent.

In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer.

15. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following:
a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. c. Soil remediation measures shall be designed for a “worst case” geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans.
e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer.

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34 f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer.
h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base.
i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map.

16. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer.

17. Rough and precise grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer.

18. A separate Low Impact Development (LID) Plan conforming to the 2021 MS4 Permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2021-0105, on July 23, 2021 shall be submitted for review and approval and may be required to be incorporated into the grading, storm drain and street improvement plans to the satisfaction of the City Engineer.

19. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City’s NPDES requirements. A separate Storm Water Pollution Prevention Plan (SWPPP) is required. Grading permits will not be issued until approval of the SWPPP and the associated WDID Number have been issued by the State Regional Water Quality Control Board.

20. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed.

21. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport.

22. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval.

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Resolution No. 2022-25
35 23. Prior to commencing any grading activities, a pre-construction meeting must be held at the project site with the grading contractor, geotechnical engineer applicant, and City grading inspector and engineers and City building inspector at least 48 hours prior to commencing grading operations.

24. Rough grade certifications by project soils and civil engineers and a geotechnical as-graded report shall be submitted prior to issuance of building permits for any residential structure. Retaining wall permits may be issued concurrently with the grading permits.

25. Retaining wall permits shall be obtained from the Building and Safety Division.

26. Final grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy.

C. DRAINAGE

1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed position. All down drains shall be hidden in swales diagonally or curvilinear across a slope face.

2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested.

3. Prior to placement of any dredged or fill material into any USGS blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Wildlife shall be obtained and submitted to the City Engineer.

4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as “Flood Hazard Area.”

5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Public Works Department. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles, and all fees required shall be paid by the applicant. Storm drain facilities located in the public right of way shall be transferred to Los Angeles County Public Works Department for ownership and maintenance. The water quality treatment system and portion of the storm drain line within the private areas shall be dedicated to the HOA for ownership and

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Resolution No. 2022-25
36 maintenance.

6. A final drainage study and final drainage/storm drain plan shall be submitted to and approved by the City Engineer and the Los Angeles County Public Works Department prior to issuance of grading permit. All drainage facilities shall be designated and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be shown on the final map for dedication to HOA.

7. All storm drain plans shall comply with the approved Low Impact Development (LID) Plan to the satisfaction of the City Engineer.

8. Connection to any Los Angeles County facility will require Los Angeles County approval. All approvals and any associated permits from the County shall be submitted to the City prior to approval of any storm drain improvements plans.

9. A permit from the Los Angeles County Public Works Department – Flood Control District shall be required for work within its right-of-way or connection to its facilities.

10. A comprehensive Operations & Maintenance (O&M) Plan/Program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval to the satisfaction of the City Engineer. The O&M Plan/Program shall be included in the CC&Rs as a responsibility of the HOA for all LID BMPs.

11. Easements for ingress/egress and maintenance purposes shall be reserved on the final map for the maintenance responsibilities by the HOA of the biofiltration device(s).

12. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles County Public Works Department.

13. All storm drain facilities constructed as part of improvements for VTTM 54081 shall be annexed into the Los Angeles County Flood Control District, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction.

D. STREET IMPROVEMENT

1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division.

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Resolution No. 2022-25
37 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by onsite/offsite grading.

3. Street improvement plans prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent.

4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy.

5. The design and construction of public street improvements shall be set to City and County standards and designed to a design speed of 25 mph.

6. Dedication of the Crooked Creek extension shall be made and accepted by the City Council as part of the final map, prior to the issuance of any Certificate of Occupancy.

7. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer.

8. All legal lots/parcels legally subdivided by VTTM 54081 shall be annexed into the citywide Landscape Assessment District #38.

E. UTILITIES

1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes, shall be offered and shown on the detailed site plan and final map as deemed appropriate.

2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer.

The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department.

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38 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department.

4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior to issuance of grading permits.

5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer.

6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner.

7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist.

8. New street lights shall be installed along the new extension of the Crooked Creek Drive in accordance with the Los Angeles County Lighting Division and Southern California Edison requirements. A separate set of street light plans shall be submitted for review and approval.

9. Additional street lights along the extension of the Crooked Creek Drive shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA-1 Diamond Bar Zone, as determined by the City Engineer.

10. Applicant shall provide and install new underground street lighting along the new extension of the Crooked Creek Drive.

11. Electrical transformers, water meters and any other utility facilities to be constructed within the street right-of-way for both public or private landscape area will require approval of the location/placement within said right-of-way by the Community Development Director and the City Engineer.

F. SEWERS

1. Applicant shall construct a sanitary sewer system in accordance with the approved verification dated October 8, 2020 of the 2016 Sewer System Analysis, and all associated amendments to the satisfaction of the City Engineer which

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Resolution No. 2022-25
39 verifies that capacity is available in the existing sewage system to be used as the outfall for the sewers in this VTTM 54081. If the existing system including the Castle Rock and Fountain Springs Pump Stations are found to be of insufficient capacity, the deficiencies shall be resolved to the satisfaction of the City Engineer.

2. The City Engineer shall determine, at his discretion, a sewer impact fee amount due to the City. The fair share amount will be based on the potential impacts on the Emergency Storage Capacity at the Castle Rock Pump Station and at Fountain Springs Pump Station as well as the public sewer lines in the public right of way. Applicant/Developer shall pay the amount to the City prior to the issuance of the final sewer inspection sign-off and sewer improvement bond release.

3. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the public sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department and surety shall be provided and an agreement executed prior to approval of the final map if improvements are not constructed.

4. Applicant shall obtain connection permit(s) from the City. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map.

5. Applicant, at applicant’s sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards prior to occupancy.

G. TRAFFIC MITIGATION

1. No traffic mitigations identified per the approved Crooked Creek Trip Generation and VMT Screening Assessment dated October 12, 2020.

H. TRAILHEAD AND CONNECTION

1. Trailhead connection to the County’s Schabarum trail at the end of the cul-de-sac shall be constructed per the approved grading plans.

2. Prior to any work performed at the trailhead and connection, permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required.

3. The CC&Rs shall include provisions acceptable to the City regarding maintenance of the trailhead amenities and the project entryway.

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40 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

A. GENERAL CONDITIONS:

1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2019 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect.

2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans.

Construction shall conform to the current CAL Green Code.

3. The area where tie backs/soil nails are installed shall not be built upon without specific soils engineering analysis for retrofitting the tie back/soil nail area.

4. Only one single family dwelling is allowed on this property unless specifically approved otherwise per CBC 202.

Plan Check – Items to be addressed prior to plan approval:

5. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature.

6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k).

7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o).

8. The Public Works Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations.

These plans shall be consistent with the site plan submitted to the Building and Safety Division.

9. “Separate permits are required for separate structures such as pools, spa, pond, BBQ areas, detached trellises and gazebos, fountains, retaining walls, fences over 6’ in height, and tennis court” and shall be noted on plans.

10. There shall be design for future electrical vehicle charging including circuitry in the electrical panel and future conduit.

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41 11. Solar panel installation is required for new single-family dwellings.

12. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1.

13. All easements shall be shown on the site plan.

14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone, it shall meet requirements of the fire zone per CBC Chapter 7A.
a. All unenclosed under-floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion-resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door.
c. Eaves shall be protected.
d. Exterior construction shall be one-hour or non-combustible. e. Fuel modification plans shall be approved through L.A. County Fire Fuel Modification Unit.
f. L.A. County Fire shall approve plans for fire flow availability due to homes being over 3,600 square feet, as required per CFC Appendix B105.1.

15. All retaining walls shall be separately submitted to the Building and Safety Division and Public Works Department for review and approval.

16. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to.

17. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight.

18. Light and ventilation shall comply with CBC 1203 and 1205.

19. Design for future electric vehicle charging and solar ready roof shall be provided.

Permit – Items required prior to building permit issuance:

20. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit.

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42 21. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district.

22. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification.

23. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance.

24. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit.

Construction – Conditions required during construction:

25. Fire sprinklers are required for new single-family dwellings (CRC R313.2).

Sprinklers shall be approved by the L.A. County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction.

26. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy.

27. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds.

28. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence.

29. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces.

30. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection.

31. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org.

32. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations.

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43 33. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection.

34. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms.

35. Drainage patterns shall match the approved grading/drainage plan from the Public Works Department. Surface water shall drain away from the building at a 2% minimum slope. The final as-built conditions shall match the grading/drainage plan or otherwise approved as-built grading/drainage plan.

36. Decks, roofs, and other flat surfaces shall slope at least 1/4”/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42” minimum in height, 4” maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load.

37. Bodies of water that are greater than 18” in depth shall have the required barriers to prevent unintentional access per CBC 3904.4.

38. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709.

APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:

A. FINAL MAP CONDITIONS OF APPROVAL

1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky.

2. Fire hydrant improvement plans shall be submitted for review and approval prior to the Final Map clearance.

B. CONDITIONS OF APPROVAL – WATER SYSTEM

1. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal.

2. The required fire flow for the public fire hydrants for single family residential homes less than a total square footage of 3600 feet is 1250 gpm at 20 psi residual pressure for 2 hours with one public fire hydrant flowing. Single family residential home 3601 square feet or greater shall comply too Table B105.1 of the Fire Code in Appendix B.

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Resolution No. 2022-25
44 3. Prior to final map clearance, provide written verification that the required fire hydrants have been bonded for in lieu of installation.

4. Install two new public fire hydrants as shown on the tentative map.

5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction.

END

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PLANNING COMMISSION

AGENDA REPORT
AGENDA ITEM NUMBER: 7.1
MEETING DATE: April 26, 2022
CASE/FILE NUMBER: Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and
Conditional Use Permit Planning Case No.

PL2017-203
PROJECT LOCATION: Southern terminus of Crooked Creek Drive, east of the SR-57 Freeway, Brea Canyon Road and
Brea Canyon flood control channel and north of
the City’s southern boundary (Los Angeles
County Assessor’s Parcel Number 8714-028-
003)
GENERAL PLAN DESIGNATION: Low Density Residential (RL)
ZONING DISTRICT: RL-PD (Low Density Residential Planned Development)
PROPERTY OWNER: Cathay View Development, LLC
701 S. San Gabriel, Suite D
San Gabriel, CA 91176
APPLICANT: New Bridge Homes
500 Newport Center Drive, Suite 570
Newport Beach, CA 92660
RECOMMENDATION:

Adopt the attached resolution (Attachment A) recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

Adopt the attached resolution (Attachment B) recommending that the City Council approve Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117

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Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit Planning Case No. PL2017-203 Page 2 of 32
and Conditional Use Permit No. PL2017-203, based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution.

SUMMARY:

The applicant is requesting approval of a residential subdivision that includes the development of seven single-family residences and associated infrastructure, including a southward extension of Crooked Creek Drive on a 12.9-acre undeveloped site. Five of the seven proposed residential structures include an attached accessory dwelling unit (ADU). The following entitlements are requested:

1. Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes.

2. Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards.

3. Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site.

4. Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards:
· Increase the exposed retaining wall height limit from six feet to 17 feet; · Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and
· Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively.

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Site (Plan View) Aerial
BACKGROUND:

SITE AND SURROUNDING GENERAL PLAN, ZONING, AND LAND USES Site Characteristics
The project site consists of approximately 12.9 acres of undeveloped area which supports nonnative grassland, coast live oak woodland and Southern California black walnut woodland. Elevations within the site range from approximately 645 feet to 835 feet above sea level (i.e., an overall elevation difference of 190 feet). The topographic profile is composed of steep hillside terrain to the east, gently rolling terrain to the north, and areas that are relatively flat valley to the west, with a steep drop to the Brea Canyon Channel. The western portion of the project site, where most of the development is proposed to occur, has elevations ranging from 645 feet to 720 feet above sea level.

The Project site is legally described as Lot 4 of Parcel Map as per book 74, pages 3-4, and the Assessor’s Parcel Number (APN) is 8714-028-003.

The image below highlights the subject property:

Site (plan view) aerial

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Aerial view
The project site is surrounded by existing single-family residential development to the north; single-family residences along Running Branch Road to the east; the Brea Canyon Flood Control Channel and single-family residences along Castle Rock Road to the west; and undeveloped land (Tonner Canyon) within unincorporated Los Angeles County, through which a Southern California Edison (SCE) tower and associated electrical lines traverse, to the south.

General Plan Designation Zoning
District Land Use
Site Low Density Residential (RL) RL-PD Undeveloped
North Low Medium Density
Residential (RLM) RLM Single-Family Residential
South Diamond Bar sphere of
influence (unincorporated) N/A Undeveloped
East Low Density Residential (RL) RL Single-Family Residential West Low Medium Density
Residential (RLM) RLM Flood Control Channel & Single-Family Residential

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Project Site viewed from the current terminus of Crooked Creek Drive Adjacent property to the north
(3722 Crooked Creek Dr.)
Adjacent property to the north
(3723 Crooked Creek Dr.)
BACKGROUND:

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2007 Entitlements
On February 20, 2007, the City Council approved a 16-lot residential subdivision on the subject site which included a Vesting Tentative Tract Map, Zone Change from “R1-10,000” to “Low Density Residential Planned Development” (RL-PD); a Conditional Use Permit for development in a hillside area and subject to the Planned Development Overlay District; a Variance to increase maximum allowable exposed height limit for retaining walls from six feet to ten feet; and a Tree Permit to remove 269 protected trees (197 trees were considered dead and 72 trees were to be mitigated). Of the 72 trees, 43 were coast live oaks and 29 were California black walnut trees. Additionally, 11.5 acres of mixed coast live oak and California walnut woodland would have been impacted. This proposal anticipated a total of 98,000 cubic yards of cut and 86,000 cubic yards of fill.

The entitlements were valid for up to ten years, meaning that the developer had until February 20, 2017 to record the final map, or the entitlements would expire. 2007 approved map with 16 residential lots

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First redesign (2018) - 12 residential lots
On October 24, 2014, the property was sold to the current owner, Cathay View Development, LLC (“CVD”). CVD hired a new consulting team to complete and record the Final Map. During the plan check process, the project team identified a variety of technical deficiencies in the previously-submitted improvement plans and the project expired on February 20, 2017. All entitlements from the previous project have expired except for the zone change, which was adopted by ordinance, and became effective immediately upon adoption. The project team then began work on a complete redesign of the project.

Expiration of 2007 Entitlements and Commencement of New Design Process In 2018, after two developer-hosted neighborhood meetings, the applicant submitted a subdivision map with 12 residential lots. The design included a pair of tiered retaining walls on the western portion of the project area (i.e., the Brea Canyon Channel side) with heights of each wall reaching 12’-6” and 15’-6”. On the eastern portion of the project area (i.e., the hillside), five tiers of 20-foot high retaining walls were proposed, which would have resulted in 100 vertical feet of exposed wall surfaces. This design anticipated a total of 90,000 cubic yards of cut and 52,000 cubic yards of fill.

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2019 design - 11 residential lots
In 2019, the design was further reconfigured and the number of residential lots was reduced from 12 to 11. The reduction in grading reduced the encroachment into existing native habitat, and reduced the visual impact of the previous retaining wall configuration. Additionally, the Crooked Creek Drive extension was narrowed to reduce grading impacts. Retaining walls facing the Brea Canyon Channel were reduced to four feet. On the eastern portion of the project area (i.e., the hillside), the lineal footage of the five tiers of retaining walls was reduced, and the height of each wall was reduced to 15 feet. Lastly, split-level, step-down building pads were introduced to reduce grading impacts. Total earthwork resulting from this revised design was reduced to 35,000 cubic yards of cut and 13,000 cubic yards of fill.

After receiving further community and staff feedback, the applicant made additional, substantive revisions to the subdivision design, and formally submitted an application to the City. The remainder of this staff report describes and analyzes project submitted for Planning Commission and City Council consideration.

PROJECT DESCRIPTION:

A. Vesting Tentative Tract Map

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Proposed 2022 design – 7 residential lots
The Vesting Tentative Tract Map presented for approval proposes to subdivide the property into nine lots to accommodate seven lots for the individual sale of production homes, one lot designated for a trailhead, and one 10.4-acre lot to be retained as a preserved open space. The trailhead and preserved open space area will be owned in common by the future homeowners association (HOA). The proposed map includes a 43-foot-wide southward extension of Crooked Creek Drive, which would be dedicated to the City as a public roadway.

The acreages corresponding to the above-listed uses are provided in the table below:

Use Units Proposed Area
Single-Family Detached Lots 7 82,662 sq. ft.

Trailhead (Lot A) - 653 sq. ft.

Open Space (Lot B) - 451,453 sq. ft.

Total 534,768 sq. ft.

Residential lot sizes range from 8,340 square feet to 16,826 square feet, with minimum dimensions of 65 feet in width and 93 feet in depth.

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B. Residences
The applicant proposes to construct seven for-sale single-family homes on individual lots with the following features:
· Three-stories with a maximum building height of 34 feet; · Three floor plans with livable areas ranging from 3,893 – 4,814 square feet; · Front porches and verandas; and
· Attached accessory dwelling units (ADUs) ranging from 499 – 600 square feet.

Five homes will each include an attached ADU. The Development Code (in accordance with State law) defines an ADU as “an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.” Each ADU will be attached to the primary residence with a separate entrance, living area, kitchen, dining room, bedroom, bathroom and laundry unit. All utilities serving an ADU shall be common to and dependent on the primary residence.

C. Access and Circulation
Each proposed lot will have access from the proposed extension of Crooked Creek Drive, which will terminate as a cul-de-sac at the south end of the project site. The roadway alignment is primarily guided by site-specific topographic and geotechnical factors, which results in the westward curvature that follows the contours of the adjacent toe of slope. Because the Crooked Creek extension is proposed to be a public street, the project entrance will not be gated.

The 43-foot-wide right-of-way consists of 36 feet of roadway width between the curbs, and a 6.5-foot sidewalk on the west side of the street, along the frontages of Lots 2 through 7. Although the roadway width and cul-de-sac radius meet City and Fire Department standards for public streets with parking on both sides, the proposed design deviates from the City standard by deleting the sidewalk on the east side of the street.

Staff supports this roadway design modification because it reduces the amount of grading and retaining walls required, and because there are no homes along the substantial majority of the easterly street frontage.

The proposed street configuration, widths, and turning radii have been reviewed and accepted by the Public Works Department and the County of Los Angeles Fire Department.

D. Trailhead and Open Space
The City’s Trail Master Plan envisions the southern end of the project site to incorporate a trailhead, which would serve as a future connection to the County Schabarum Trail.

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Lot “A” will be reserved for the trailhead and the developer will be required to design and construct the trailhead improvements per City standards with a sign, pergola and bench. Improvements for the trailhead are set forth as conditions in the draft resolution.

Until such time that the trail County trail improvements are completed, the HOA will be required to maintain the trailhead. The southern boundary of the project site will be gated with a six-foot high wrought iron fence to prevent trespassing until such time when connection to the County Schabarum Trail is established. Once the County establishes the trail extension, the fencing will be removed, and the trailhead lot will be dedicated to the City. The provisions for the trailhead improvements and dedication will be recorded on the final tract map and CC&Rs pursuant to the recommended conditions of approval.

The 10.4 acres of preserved open space area will remain undeveloped in perpetuity, with the exception of the planting of mitigation trees and installation of temporary irrigation as part of the project. Further discussion on the mitigation trees is in the Tree Permit section below. The open space area will be maintained by the HOA.

ANALYSIS:

Review Authority (Diamond Bar Municipal Code Sections 21.20.130, 22.48,

22.38.110 and 22.58.040)
As stated, the Project requires the approval of four discretionary entitlement applications. The Vesting Tentative Tract Map (VTTM) requires City Council approval, and the other three entitlements (Development Review, Tree Permit and Conditional Use Permit) require Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for the four discretionary entitlements described below.

The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolutions. Together, the analysis and findings provide the basis for staff’s recommendation that the Planning Commission recommend approval of the Project and all of its components, subject to the conditions set forth in the approval resolutions.

Vesting Tentative Tract Map (Diamond Bar Municipal Code Section 21.20.130) Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Tract Map is required to establish separate residential and open space parcels, create an internal circulation system and common open space areas, and establish easements and other rights-of-way for utility and other purposes. A Vesting Tentative Tract Map confers a vested right to proceed with development in substantial compliance with the requirements in effect at the time the vesting tentative map was approved. In other words, a Vesting Tentative Tract Map locks in the rules and regulations in place at the time of approval.

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The subdivision of the project site creates separate development areas within the subject property that can be conveyed to subsequent holders of real property interests, as well as establish common open space areas. The seven, individually-owned residential lots proposed within the development will be governed by an HOA. The public street will be maintained by the City. The trailhead lot and open space/landscaped areas within the development will be part of the common areas to be owned and maintained by the HOA. The project will be subject to CC&Rs, which will be subject to review and approval by the City Attorney prior to the issuance of building permits and/or Final Map approval.

Subdivision Standards: The proposed subdivision is in compliance with the City’s Municipal Code standards pertaining to lot size and dimensions. The following table compares the proposed subdivision with the City’s subdivision standards:

Development
Feature
Development
Standards Proposed MeetsRequirements
Parcel Width Minimum 50’
Lot 1: 89.68’
Lot 2: 80’
Lot 3: 65’
Lot 4: 175.08’
Lot 5: 177.46’
Lot 6: 65’
Lot 7: 79.80’
Yes
Parcel Depth Minimum 80’
Lot 1: 93’
Lot 2: 130.49’
Lot 3: 130.49’
Lot 4: 103.54’
Lot 5: 93.15’
Lot 6: 160.64’
Lot 7: 241.43’
Yes
Lot Area Minimum 10,000
SF
Lot 1: 8,340 SF*
Lot 2: 10,439 SF
Lot 3: 8,482 SF*
Lot 4: 16,826 SF
Lot 5: 13,134 SF
Lot 6: 10,283 SF
Lot 7: 15,158 SF
Yes
* The RL-PD Overlay District allows modifications to minimum lot area. See CUP discussion below.

As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision. All agencies will be expected to provide service to the proposed parcels, including providers of gas, electrical, water, sewer, and cable telecommunication services.

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As set forth in the above analysis, the proposed subdivision is in conformance with the City’s General Plan and zoning, and all applicable requirements of the Subdivision Map Act. The subdivision complies with the City’s development standards and all public utilities and services will service the project.

Parkland Dedication
State law (“Quimby Act”) and Diamond Bar’s Subdivision Ordinance require the dedication of land or payment of fees for park or recreational purposes as a condition of approval for a tentative map. The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated, or amount of fees paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

The amount of acreage required to be dedicated, or in-lieu fee paid, by the applicant is based upon the number of dwelling units ultimately developed within the proposed subdivision1. Section 21.32.040 of the Subdivision Ordinance establishes the following formula for the parkland dedication requirement:

X = .005(UP)
Where:

X = Amount of parkland required, in acres.

U = Total number of approved dwelling units in the subdivision (seven) P = 3.4 for single-family dwellings
The in-lieu fee equals the parkland obligation derived from the formula above, multiplied by the fair market value of the land for the appropriate park planning area of 0.119 acres. Staff used the most recent approved tentative parcel map to calculate the fair market value ($2,271,591 per acre) to acquire land for park space, or other per-acre “fair market value” determined by mutual agreement of the City and the applicant prior to approval of the final parcel map.

The in-lieu fee for this project is determined to be $270,3192 and shall be paid prior to the issuance of building permits for the construction of any residential structure(s) within the subdivision (see Condition of Approval #4 under Vesting Tentative Tract Map Conditions).
1 State law prohibits the City from applying the Quimby Act to ADUs. 2 $2,271,591 (fair market value of one acre parkland) x 0.119 = $270,319

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Development Review (DBMC Chapter 22.48)
The purpose of Development Review (DR) is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design.

Development Standards: The following table compares the proposed project with the City’s development standards for residential development in the RL-PD zone:

Development
Feature
Residential
Development
Standards
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Meets
Reqs.

Front
Setback 20 feet 20 feet 20 feet 20 feet 14 feet* 13’-9”* 39’-5” 63’-6” Yes Side
Setbacks
10 feet on
one side,
5 feet on the
other
5’ - north
20’3”- south
24’ - north
5’ - south
10’ - north
5’- south
10’ - north
92’2” -south
99’4”- north
5’ - south
10’ - north
5’ -south
10’ - north
5’ - south Yes
Distance
Between
Adjoining
Structures
15 feet 30’ - north
N/A - south
35’ - north
15’ - south
15’ – north
15’ – south
15’ – north
182’ - south
182’ - north
15’ - south
15’ - north
15’ - south
15’ - north
N/A - south Yes
Rear Setback
20 feet from
edge of
descending
slope
20 feet 23’-10” 20’-8” 24’-9” 21’-3” 27’-3” 20 feet Yes Lot
Coverage
Maximum of
40% 23% 21% 26% 11% 14% 22% 16% Yes
Max.

Building
Height
35 feet 34’ 34’ 34’ 34’ 34’ 34’ 34’ Yes
Parking 2-car garage
3-car
garage
3-car
garage
3-car
garage
3-car
garage
3-car
garage
3-car
garage
3-car
garage
Yes
Retaining
Walls
4-foot exposed
(supporting fill)
6-foot exposed
(supporting
cut)
4 feet
(supporting
cut)
4 feet
(supporting
cut)
N/A
7 feet
(supporting
fill)*
10 feet
(supporting
fill)*
5 feet
(supporting
cut)
10 feet
(supporting
fill)*
8 feet
(supporting
cut)
10 feet
(supporting
fill)*
Yes
* The RL-PD Overlay District allows modifications to minimum setbacks and retaining walls. See CUP discussion below.

The project is comprised of seven single-family residences and complies with the development standards in the RL-PD zone with the exception of the modifications being requested. The Planned Development Overlay District allows for these modifications when deemed to be the best layout due to the constraints of the property.

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Site and Grading Configuration: The site grading was designed around geotechnical constraints of the site and to preserve the existing hillside to the extent feasible, given that any public roadway extension would require some degree of landform alteration.

The main access road curves to follow the contours of the hillside, thereby substantially reducing the retaining wall heights and avoiding potential biological impacts to the eastern portion of the site. The majority of the building pads are located on the western portion of the site that is generally flat.

The Project site shows evidence of historical landslides. The proposed onsite grading located immediately south of the existing single-family residence on the east side of the existing Crooked Creek Drive cul-de-sac would remove the soils susceptible to a landslide. After removal, the area would be re-stabilized with a combination of new soil and compaction. This landslide area is within proposed Lot 1. According to the geotechnical report, a portion of this landslide area underlying the pad areas were found to be dense/stiff, slightly compressible, competent, and is considered to be suitable for support of proposed structures.3 The Project is required to comply with applicable seismic-related regulatory requirements of Title 15, Building and Construction Safety, of the City’s Municipal Code and the latest standards of the California Building Code.

The current development proposal would require approximately 14,480 cubic yards of cut and 19,510 cubic yards of fill. 5,030 cubic yards will be imported to the site.

Fencing and Retaining Walls: The following diagrams provide details for the proposed property walls, retaining walls and fencing associated with the Project. 3 Geotechnical Report: Tract 54081, LGC Valley, Inc., August 31, 2020

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Cross section across Lot 5
Fence and wall plan

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Example of landscaped Verdura walls at the Willow Heights residential project at the southeast corner of Diamond Bar Blvd. and Brea Canyon Rd. · The rear yards of all residential lots adjacent to the Brea Canyon flood control channel will be bordered with wrought iron fencing up to 5’-6” in height. Six-foot high split-faced block walls will be constructed along the side yards of all residential lots. · On the eastern portion of the proposed expansion of Crooked Creek Drive, an exposed split-faced retaining wall with varying heights will be constructed. An 11-foot to 17-foot-high retaining wall is proposed from the southern portion of Lot 1 to approximately 120 feet south. Heights will range from six feet to 10 feet for the remaining portion of this retaining wall beyond 120 feet to the proposed cul-de-sac. · A 7-foot-high exposed retaining wall with a 42-inch-high wrought iron fence on top of the retaining wall is proposed at the south side of Lot 7 and adjacent to the Southern California Edison property. Top of retaining walls will be planted with climbing vines to help screen the height of walls.
· On the western portion of the development area adjacent to the Brea Canyon flood control channel, two approximately eight- to 10-foot-high Verdura retaining walls are proposed. Verdura walls are an interlocking, stackable, plantable wall system. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights.

A condition of approval is included in the draft resolution that all retaining walls adjacent to the flood control channel and adjacent to the roadway will be maintained by the HOA.

All associated landscaping which are part of screening the walls will also be maintained by the HOA through an access easement.

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Architectural Features, Colors, and Materials: The City’s Design Guidelines have been established to encourage high-quality building and site designs that contribute positively to the visual quality of community through aesthetically pleasing site planning, building design, and architecture. In addition, a primary objective is to promote compatibility with adjacent uses to minimize any potential negative impacts.

Notable elements of the project design which address the Citywide Design Guidelines include, among other things, the following:
· Tuscan or Italianate-inspired architecture;
· Three floor plan versions with reversed layouts to provide variation and diversity to the building elevations;
· Articulation of facades and the massing of structures to give depth and substance to the building forms;
· Integration of varied texture, relief, and design accents on building walls to add finegrained visual interest to the architecture (e.g. stone veneer, stone trim and stone accents);
· Variation among the entry porches, window enhancements, and color palettes to create individuality between units;
· Recessed windows to provide depth to wall surfaces;
· Roof rafters, corbels, large eave overhangs and metalwork to be consistent with the traditional materials and details associated with the Tuscan/Italianate design language;
· Well-defined entrance roof elements supported by posts and colonnades; · Banding to break up the first and second floors; and
· Carriage-style garage doors.

Landscaping: A conceptual landscape plan was submitted with the application. The landscape design will enhance the development with a mix of evergreen and deciduous trees and shrubs. Brisbane box, Bradford pear and fruitless olive trees will be planted by the roadway and along the project perimeter. Native trees found in the area such as Rendering of proposed homes on Lots 3 and 4

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coast live oak and Southern California black walnut will also be used as open space plantings and within landscaped areas to tie in with the natural surroundings. These trees are proposed at the center of the Project site and within slope plantings which will provide for large scale canopy trees. Through the combination of decorative walls and paving, various tree species, an attractive drought-tolerant plant palette with a mix of ornamental and native plants, this well-planned landscape will create a unique sense of place that further enriches Diamond Bar’s urban forest.

The applicant is proposing a variety of trees to be planted throughout the Project site, including seven 36-inch box fruitless olive trees, twelve 24-inch box coast live oak trees, fifteen 15-gallon Brisbane box trees, eleven 15-gallon Bradford pear trees, and 201 5- gallon Southern California black walnut trees. Two non-protected trees will be removed due to their proximity to construction. The Tree Permit section provides further analysis on the removal, replacement and protection of existing protected trees. A row of Bradford pear and fruitless olive trees will be planted along the rear yards of Lots 2 through 7 to minimize the visual impact of the development to the adjacent homes across the flood control channel. A 15-foot-wide landscape easement in the rear yard of lots 2 through 4 and a 10-foot-wide landscape easement in the rear yard of lots 5 through 7 are proposed to ensure future homeowners do not remove these trees, which are strategically planted for screening purposes.

Additionally, various 5-gallon and 1-gallon shrubs that have a variety of color, texture, and form are proposed throughout the front, side and rear yards. Overall, landscaping consists of drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. The project is required to comply with the City’s Water Efficient Landscaping Ordinance, and compliance will be verified during building plan check and final inspections.

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Fuel Modification Plan
The subject property is located within the Los Angeles County Fire Department “Very High Fire Hazard Severity Zone.” Therefore, proposed landscaping must comply with the Fire Department’s Fuel Modification Plan requirements. Typically, landscape plans are submitted for review and approval by the Fire Department during building plan check. As of December 28, 2018, the Office of Planning and Research amended Appendix G of the CEQA Guidelines for agencies to identify and evaluate wildfire risks during the environmental review. Therefore, the applicant submitted the Fuel Modification Plan as well as the conceptual landscape plans to the Fire Department for preliminary review and received a preliminary approval on August 27, 2021.

Tree Permit (DBMC Section 22.38.110)
A Tree Permit is required when the removal or protection of a protected tree is requested. A protected tree is any of the following:
· Native oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater;
· Trees of significant historical or value as designated by the City Council; Conceptual landscape plan
N

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· Any tree required to be preserved or relocated as a condition of approval for a discretionary permit;
· Any tree required to be planted as a condition of approval for a discretionary permit; and
· A stand of trees, the nature of which makes each tree dependent upon the others for survival.

The Development Code requires the preservation and maintenance of coast live oak and Southern California walnut trees with a DBH of eight inches or greater. When removal is allowed as a result of new development on residential sites larger than 20,000 square feet, replacement trees shall be planted at a 3:1 ratio.

The project requires the removal of two non-protected trees and 62 protected trees consisting of 58 Southern California black walnuts and four coast live oaks. The applicant is proposing to replace the protected trees with 201 Southern California black walnuts (27 more than the minimum replacement requirement) and 12 coast live oaks, totaling 213 replacement trees to be planted on-site. A mitigation measure outlined in the Mitigation Monitoring and Reporting Program (MMRP) requires the replacement trees to include a combination of boxed trees within landscaped areas, and seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. The replacement coast live oak trees will be a minimum 24-inch box size, while 5-gallon Southern California black walnuts will be planted due to the scarcity of larger sizes of this tree species in local inventories.

Prior to the issuance of a grading permit, a protected tree replacement plan will be required, which will provide a methodology of soil preparation, planting, monitoring, survival percentages and a maintenance agreement stipulating the applicant’s obligations for a minimum three-year period, including the annual reporting, as well as corrective measures if survival percentages do not meet the replacement ratio.

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Conditional Use Permit (DBMC Section 22.58.040)
A conditional use permit is required for all development proposed on a site within a Planned Development (PD) Overlay District. Depending on site-specific constraints, the CUP may include modifications to the City's development standards, such as minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or parking.

The PD Overlay District may be applied to areas where site characteristics and environmental resources, adjacent land uses, or other community conditions may be benefited by site-specific planning or the design of structures that would not otherwise be allowed in the primary zoning district. However, proposed development and new land uses within the PD Overlay District shall comply with all other applicable provisions of the Development Code. For this project, a CUP is required for modifications to:
· The retaining wall height limit to allow a maximum of 17 feet (where 6 feet is the code-prescribed height limit);
· Reduce the front setback for Lots 4 and 5 to 14 feet and 13’-9”, respectively (where 20 feet is the code-prescribed minimum); and
Tree removal and replacement plan

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· Reduce the minimum lot size for Lots 1 and 3 to 8,294 square feet and 8,482 square feet, respectively (where 10,000 square feet is the code-prescribed minimum).

The PD Overlay District allows for modifications from code-prescribed development standards when such modifications are warranted due to the unique topographical constraints and configuration of a development site. Staff finds that the proposed modifications to the development standards will facilitate the avoidance or substantial reduction in impacts to the surrounding ecological resources by reducing grading encroachments into the existing hillside, as well as protecting the privacy of the existing homes located adjacent to the flood control channel. Without the proposed modifications to the code-prescribed development standards, more retaining walls and grading would be required to create the building pads and roadway improvements for the proposed development.

Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City’s Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. The project site was designed to conform to the following requirements:
· The maximum building height is 34 feet, where 35 feet is allowed. · Architectural treatment is provided on all sides of the building with varying setbacks and projections;
· Earthtone building materials and color schemes that blend in with the natural landscape are proposed;
· Finished slopes are not greater than 50 percent (2:1); and · Landscaping will be used to preserve privacy, and slopes will be planted with informal clusters of trees and shrubs to soften and vary the slope planes.

Screening of the Verdura walls will be accomplished by installing individuallyirrigated plants within the cells of the walls, and by planting trailing rosemary and bougainvillea at the top of the walls.

The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code.

Community Meetings
As discussed in the Background section of this report, the developer held two community meetings for this project: on February 22, 2018 and October 10, 2019.

Notices for those meetings were mailed to property owners within a 1,000-foot radius of the Project site.

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First Meeting on February 22, 2018
There were approximately 14 residents in attendance. The preliminary project redesign presented at the meeting proposed a 12-lot subdivision. The retaining walls on the western portion of the project area (i.e., the Brea Canyon Flood Control Channel side) proposed two retaining walls with a 24-foot average height. On the eastern portion of the project area (i.e., the hillside), five tiered retaining walls were proposed with a 60- foot average height, with a 2:1 slope cut into the hillside above the top retaining wall.

This proposal anticipated a total of 90,000 cubic yards of cut and 52,000 cubic yards of fill. Several concerns and comments were raised, which are listed below with responses provided in italics:
· Wall heights are of concern. Will the walls be landscaped and will proper drainage be installed?
The number of retaining walls and wall heights have been reduced in the current proposal. Top of retaining walls will be planted with climbing vines to help screen the height of walls. In addition to the landscaping proposed on the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the walls.
· How is the project going to handle landslides that may be caused by an earthquake? The City requires that all new construction meet or exceed Title 15, Building and Construction Safety, of the City’s Municipal Code, and the latest standards of the California Building Code (CBC), which requires structural designs that can accommodate seismic-related ground shaking, soil stability and hazard impacts.

Furthermore, the geotechnical report provides preliminary site-specific design recommendations and parameters regarding grading and earthwork, temporary excavations, drainage, foundations, retaining walls, and pavement design. As a standard condition of approval, the Project will be required to comply with the recommendations of the geotechnical report.
· Where is the access to the open space and who will maintain it for fire hazards? Access is provided within an easement north of Lot 1. Ongoing maintenance for vegetation control as mandated by the L.A. County Fire Department will be required of the HOA.
· What will be given back to the neighborhood such as trails and/or parks? Lot A will be reserved for the trailhead, which will be maintained by the HOA. At such time that the L.A. County Department of Parks and Recreation establishes a connection to the Schabarum Trail, the HOA will be required to remove the fencing and the trailhead lot transferred to the City. In addition, Quimby fees will be paid to improve City park and recreational facilities. (See Parkland Dedication discussion above.)

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· How much vegetation will be removed and how much mitigation is proposed? One resident stated that they would like to see the benefit of mitigation on-site, and the need for a clear mitigation plan. It does not make economic sense with the HOA maintaining all of the open space. Can the open space be donated to a conservation group?
See Tree Permit section above. The applicant is open to further discussions with interested parties regarding the open space lot being donated to a conservation group.
· The community would like to see visual simulations. Will the homes be higher? Will there be a change in elevation between the old and new development? Visual simulations were provided with the most recent proposal. The building pad of Lot 1 will be level with the adjacent residence. The building pad of Lot 2 is ten feet lower than that of the adjacent residence. The building pads of Lots 2 through 7 will be approximately five feet higher than the homes located on Castle Rock Road, across the flood control channel.

Second Meeting on October 10, 2019
There were approximately 11 residents in attendance. The applicant team presented a design with an 11-lot subdivision and narrowed width of Crooked Creek Drive to further reduce retaining wall heights. Wall heights were reduced from a 60-foot average to a 30-foot average on the eastern portion of the project area (i.e., the hillside), and lowered the retaining wall heights adjacent to the flood control channel from a 24-foot average to a 12-foot average. Lastly, split-level building pads that step down toward the channel were introduced to reduce grading and visual impacts. The applicant team also presented visual simulations of the streetscape and views of the proposed homes from across the flood control channel. Although the attendees expressed appreciation of how the project was redesigned to reduce impacts, there were still similar concerns and comments raised at the first meeting. Other concerns raised at the second meeting include the following (with responses in italics below):
· Private street concerns regarding emergency access, vehicle code enforcement, and if it will be gated.

A private street is no longer being proposed and the street will be public, maintained by the City.
· Slope and retaining wall concerns regarding soil stability and amount of grading required.

See response above regarding landslides and minimum Code requirements for retaining walls. The current proposal would require approximately 14,480 cubic yards of cut and 19,510 cubic yards of fill. 5,030 cubic yards will be imported to the site.
· Ensure invasive species are not introduced to the area.

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All landscaping will be drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. Native trees such as coast live oak and Southern California black walnut will be planted in open space and other landscaped areas.
· There are important wildlife resources, such as California gnatcatchers and nests found in the area.

Refer to IS/MND Biological Resources section and mitigation measures. · Concerns with construction impacts to neighboring residents.

All construction activity shall comply with the City's Municipal Code. Construction hours will be restricted to between 7:00 A.M. and 7:00 P.M, Monday through Saturday, except on federal holidays. Since daylight ends earlier during the winter, no construction activities shall occur after 5:00 P.M. during this time. Additionally, three mitigation measures are required to reduce the level of noise generated from the project to a less than significant level.
· What are the view impacts from other areas in the neighborhood and not just from across the flood control channel?
Visual simulations were provided with the most recent proposal which includes viewpoints from the SR-57 freeway, Brea Canyon Road, Castle Rock Road and at the project entry. The visual simulations can be found in the architectural plan set (sheets IMG-1 through IMG-8).

Lastly, the applicant personally met with two individuals representing two advocacy groups on June 22, 2021: Sierra Club and Responsible Land Use. The applicant discussed the history of the project, presented all versions of the previous designs and the challenges associated with them. The applicant explained that all of the modifications to the site plan including the redesign of the street that curves away from the hillside and the reduction of lots were made with the express purpose of reducing overall grading impacts, minimizing retaining wall heights and reducing impacts to native habitat and trees. According to the applicant, the representatives were appreciative of these efforts to redesign the project to be more sensitive to the surrounding environment with a more thoughtful, less impactful design. Sierra Club and Responsible Land Use requested involvement during the final landscape and irrigation design for the project, including the planting and irrigation of the replacement native oaks and walnut replacement trees. The applicant agreed to involve them during this process. The representatives also offered to assist the applicant with finding an entity that would potentially be interested in taking ownership of the remainder open space parcel, which the applicant will continue to analyze and keep city staff apprised.

Compatibility with Neighborhood
The proposed project complies with the goals, objectives and land use criteria as set forth in the adopted General Plan in terms of land use. The design and appearance of the proposed residential development is compatible with the surrounding community and incorporates the principles of the City’s Residential Design Guidelines as follows:

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· Quality Housing. The project contributes to the diversity of the City’s housing stock with high-quality housing and the added bonus of an ADU to accommodate persons of all ages, occupations and levels of financial status. · Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which mitigates the scale and massing of the structures. · Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site.
· Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement.

Homes on Lots 1 and 2 were carefully designed to minimize potential privacy impacts to the existing adjacent homes on Crooked Creek Drive. The home on Lot 1 will be distanced 30 feet away from the adjacent home and 40 feet from proposed third story windows. The alignment of the proposed home would not impact the rear yard of the existing home. Views would only face the side elevation of the existing home which have no windows or to the front yard which is already visible from the street. The building pad of Lot 2 will be approximately 10 feet lower than the building pad of the adjacent home, thereby reducing the overall height, and the new home will maintain a 35-foot distance from this neighbor. Additionally, there are existing mature trees that exist on the adjacent property that provides a dense buffer.

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Rendering of proposed home on Lot 1 and adjacent existing home located on 3722 Crooked Creek Drive
Aerial view of proposed Lots 1 and 2 and
adjacent neighbors on Crooked Creek Drive

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Rendering of view from Castle Rock Road looking east
A row of Bradford pear and fruitless olive trees will be planted along the rear yards of Lots 2 through 7 to not only minimize the visual impact of the development, but to maintain privacy for the existing and future residents. With the proposed landscape easement in the rear yards of these residential lots, a landscaping buffer will be maintained in order to provide some visual relief to existing homes.

The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls.

Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and Rendering of proposed home on Lot 2 and adjacent existing home located on 3723 Crooked Creek Drive

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blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site. · Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes.

Additional Review
The Parks and Recreation and Public Works/Engineering Departments, Building and Safety Division, as well as the County of Los Angeles Fire Department reviewed this project and included their comments in the attached resolution as conditions of approval (Attachment B).

Public Comments Received
No comments have been received as of the publication date of this report, except those received during the public review period of the IS/MND.

ENVIRONMENTAL ASSESSMENT:

This Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City prepared an Initial Study and filed a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Project with the Office of Planning and Research on November 9, 2021, and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper (see Exhibit A of Attachment A). The notice was also mailed to public agencies and residents who attended the community meetings.

Pursuant to CEQA Section 15105, the public review period for the IS/MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days.

The Initial Study is an environmental analysis that is prepared to determine whether a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is needed for a project. If the Initial Study concludes that the proposed Project will not significantly affect the environment, a Negative Declaration may be prepared. If there are potential impacts from the proposed Project that can be mitigated to a level below accepted levels of significance, a Mitigated Negative Declaration may be prepared. The Initial Study concluded that the Project will not significantly affect the environment through the incorporation of 22 mitigation measures, and as the result of revisions made to the Project design from previous versions.

An MND is a document that describes the reasons that the Project will not have a significant effect on the environment by properly conditioning the Project (“mitigation measures”) to make the Project acceptable. It is used to guide and assist the City staff,

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Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the Project and must be considered by the Commission prior to recommending approval of the Project.

The MND for the Project, documents reasons to support the findings that the Project would not have any potentially significant impacts on the environment with the proposed mitigation measures which are contained with the Mitigation Monitoring and Reporting Program (MMRP) prepared as part of the MND. The purpose of the MMRP is to ensure compliance with the mitigation measures, address site-specific conditions for the Project, and also identifies timing and responsibility for monitoring each measure. The Project is conditioned to include these mitigation measures as part of Project approval.

During the public review period, the City received seven comments on the draft IS/MND from the following agencies/groups:

1. California Department of Fish and Wildlife (CDFW): Various impacts on fish and wildlife (biological) resources and additional mitigation measures advised to adequately address potential impacts.

2. County of L.A. Department of Parks and Recreation: Public access easement to trailhead and future County trail.

3. County of L.A. Fire Department: Access and water requirements. Impacts to erosion control, watershed management, rare and endangered species, vegetation, fuel modification, archaeological and cultural resources, and the County Oak Tree Ordinance.

4. Diamond Bar - Pomona Valley Sierra Club Task Force: Biological resources, air quality, hydrology, fuel modification, wildfire, trail access and concurrence with CDFW’s additional mitigation measures.

5. L.A. County Sanitation Districts: Wastewater requirements.

6. Responsible Land Use: Concurrence with CDFW’s additional mitigation measures.

7. Sierra Club Wildland Urban Wildfire Committee: Wildfire impacts.

Responses to each of the comments received were prepared and posted on the City’s website at www.diamondbarca.gov/crookedcreeksubdivision. The agencies/groups that commented were individually notified of the availability of the response to comments along with the public hearing notice on April 15, 2022.

NOTICE OF PUBLIC HEARING:

On April 15, 2022, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site, as well as to the public agencies that commented on the IS/MND and residents who attended the community meeting. On April 15, 2022, the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites.

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PREPARED BY:

REVIEWED BY:

Attachments:

A. Draft Resolution No. 2022-XX (Recommending Approval of MND and MMRP) B. Draft Resolution No. 2022-XX (Recommending Approval of VTTM, DR, TP, and CUP) and Standard Conditions of Approval
C. Site Utilization Map, Vesting Tentative Tract Map, Conceptual Grading Plans, Architectural Plans, and Landscape Plans

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Agenda #: 6.2
Meeting Date: May 17, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RESOLUTION LEVYING ASSESSMENTS ON LANDSCAPE
ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2022/23.

STRATEGIC
GOAL: Responsible Stewardship of Public Resources
RECOMMENDATION:

A. Receive presentation, open Public Hearing to receive testimony, close Public Hearing; and
B. Adopt Resolution No. 2022-26 to levy and collect assessments for Landscape Assessment District No. 38 for Fiscal Year 2022/23.

FINANCIAL IMPACT:

For FY 2022/23, the assessment for Landscape Assessment District 38 will stay at its current amount of $15 per parcel. As shown in the attached Engineer's Report, $276,720 of assessment generated by this District supplemented by $157,689 of new General Fund contribution and $17,600 Fund Balance Reserves are proposed to pay for the operation and maintenance costs budgeted in Special Fund No. 238.

BACKGROUND/DISCUSSION:

As part of the assessment district updates, the City must undergo a three-step process.

Throughout the entire process, all proceedings for the maintenance of improvements are 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 XII D of the California Constitution.

On April 19, 2022, the City Council approved Resolution No. 2022-17, ordering the City Engineer to prepare and file a report related to the maintenance of public improvements in the City of Diamond Bar Landscaping Assessment District 38 (LAD 38) and any assessment thereon for Fiscal Year 2022/23.

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On May 3, 2022, the City Council adopted Resolution No. 2022-20, declaring the City's intention to levy and collect assessments for Landscape Assessment District No. 38 and directing staff to advertise the Public Hearing for the May 17, 2022 regular meeting.

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 resolutions confirming the levy assessments.

The Engineer's Report for the City's LAD 38 (Attachment 2), prepared pursuant to provisions of the aforementioned law of the State of California, includes authority for the report, estimated costs of improvements, and a diagram for the District and the assessments.

The estimated number of parcels within the LAD 38 is 18,448 parcels. The amount assessed upon the lands within LAD 38 for Fiscal Year 2021/22 was $15.00 per parcel.

The amount to be assessed for Fiscal Year 2022/23 is to remain at $15.00 per parcel.

The assessments will be utilized for the general maintenance of the City's medians and parkways as identified in the corresponding Engineer's Report and Exhibit "A" of the attached Resolution (Attachment 1).

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:

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REVIEWED BY:

Attachments:

1. 6.2.a Resolution No. 2022-26

2. 6.2.b LAD 38 FY 2022/23 Engineer's Report

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RESOLUTION NO. 2022-26

A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPE ASSESSMENT DISTRICT NO. 38 FOR FISCAL YEAR 2022-23.

WHEREAS, by its Resolution No. 2022-20, 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 XIIID 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 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 2022-23. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A;” WHEREAS, said hearing was duly and properly noticed, commenced in the Windmill Room, located at 21810 Copley Drive, Diamond Bar, California on May 17, 2022, 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 the City Council of the City of Diamond Bar does hereby:

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 2022-23 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 hereinabove and the assessment of $15.00 for each assessable lot located within said

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Resolution No. 2022-26
2 District are hereby adopted and confirmed and said assessment hereby is levied for the 2022-23 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 2022-23.

Section 7. The City of Diamond Bar City Council hereby certifies that the assessments to be placed on the 2022-23 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, ADOPTED AND APPROVED this 17th day of May 2022.

CITY OF DIAMOND BAR
_______
Ruth M. Low, Mayor
[Signatures continued on the following page]

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Resolution No. 2022-26
3 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 the regular meeting of the City Council of the City of Diamond Bar held on the 17th day of May 2022, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:
_______
Kristina Santana, City Clerk

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Resolution No. 2022-26
4 Exhibit A

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FY 2022-23 ENGINEER’S REPORT
City of Diamond Bar
Landscaping Assessment District No. 38
May 2022

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CITY OF DIAMOND BAR PAGE ii
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

BY SCICONSULTINGGROUP
City of Diamond Bar
City Council
Ruth M. Low, Mayor
Andrew Chou, Mayor Pro Tem
Stan Liu, Councilmember
Nancy A. Lyons, Councilmember
Steve Tye, Councilmember
City Manager
Dan Fox
Public Works Director
David Liu
City Attorney
David DeBerry
Engineer of Work
Jerry Bradshaw, P.E.

SCI Consulting Group

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Table of Contents
Introduction.................................................................................................... 6 Overview ......................................................................................................................6 Engineer’s Report and Continuation of Assessments..................................................6 Legislative Analysis.......................................................................................................7 Plans & Specifications ................................................................................... 10 Fiscal Year 2022-23 Estimate of Cost and Budget ........................................... 13 Budget for Fiscal Year 2022-23...................................................................................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

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List of Tables
Table 1: FY 2022-23 Estimate of Costs.............................................................................. 13 Table 2: FY 2022-23 Summary Cost Estimate ................................................................... 25

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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 2022-23 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 30 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.

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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 May 17, 2022. At this hearing, the Council will consider approval of a resolution confirming the continuation of the Assessments for fiscal year 2022-23. 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 2022-23.

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 2022-23 are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:

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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.

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ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 10
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 13
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

BY SCICONSULTINGGROUP
Fiscal Year 2022-23 Estimate of Cost and Budget
Budget for Fiscal Year 2022-23
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 2022-23 for the maintenance and servicing of the Improvements is provided below.

Table 1: FY 2022-23 Estimate of Costs
Expenditure Item
Salaries & Benefits (subsidized by General Fund) $ 47,083 Operating Expenses
Advertising $ 5,000
Utilities $ 162,250
Maintenance of Grounds/Buildings $ 38,500
Professional Services $ 6,000
Contract Services
Landscape Maintenance $ 186,676
Trees Maintenance $ 6,500
Estimated Expenditures $ 452,009
Revenue Item
Direct Benefit Assessments $ 276,720
Fund Balance Reserves $ 17,600
General Fund Contribution $ 157,689
Estimated Revenues $ 452,009
Budget Allocation to Parcels
Total Assessment BudgetA $ 276,720
Total Assessable Parcels 18448
Assessment per Parcel $ 15
LANDSCAPING ASSESSMENT DISTRICT NO. 38
FY 2022-23
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.

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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."

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 16
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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 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.

Access to Improved Landscaped Areas 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

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

BY SCICONSULTINGGROUP
Improved Views 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 Property’s Outdoor Areas and Green Spaces for Properties within Close Proximity 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

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 19
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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

6.2.b
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CITY OF DIAMOND BAR PAGE 20
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 21
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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%.

6.2.b
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LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 23
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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
Annual Assessment Calculation
For fiscal year 2022-23 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 thencurrent 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

6.2.b
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CITY OF DIAMOND BAR PAGE 24
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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.

6.2.b
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CITY OF DIAMOND BAR PAGE 25
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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 2022-23 is generally as follows:

Table 2: FY 2022-23 Summary Cost Estimate
Salaries & Benefits $ 47,083
Operating Expenses & Services $ 404,926
Total for Services $ 452,009
Less General Fund Contribution $ (175,289)
Net Amount to Assessments $ 276,720

CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
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.

6.2.b
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CITY OF DIAMOND BAR PAGE 26
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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 2022-23. 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 2022-23 for each parcel or lot of land within the District.

Dated: April 26, 2022
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845

6.2.b
Packet Pg. 318
CITY OF DIAMOND BAR PAGE 27
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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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 2022-23, and are incorporated herein by reference, and made a part of this Diagram and this Report.

6.2.b
Packet Pg. 319
CITY OF DIAMOND BAR PAGE 28
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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6.2.b
Packet Pg. 320
CITY OF DIAMOND BAR PAGE 29
LANDSCAPE AND LIGHTING ASSESSMENT – DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2022-23

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