HomeMy WebLinkAbout2020.07.07 Agenda Packet - Regular Meeting
City Council Agenda
Tuesday, July 7, 2020
Regular Meeting 6:30 p.m.
PUBLIC ADVISORY:
Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and
maintain social distancing, this meeting will be con ducted telephonically and Members of the
City Council and staff will be participating via Teleconference. There will be no physical meeting
location.
How to Observe the Meeting:
To maximize public safety while still maintaining transparency and public access, members of
the public can observe the meeting by calling +1 (415) 655-0060, Attendee Access Code: 260-
724-967 or by visiting https://attendee.gotowebinar.com/register/5226332118022266124 .
How to Submit Public Comment:
Members of the public may provide public comment by sending written comments to the City
Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please
indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to
the Council Members and noted for the record at the meeting.
Alternatively, public comment may be submitted by calling +1 (415) 655-0060, Attendee Access
Code: 260-724-967 and dialing *9 during the public comment period and/or by visiting
https://attendee.gotowebinar.com/register/5226332118022266124. Members of the public
will be called upon one at a time during the Public Comment portion of the agenda, and will be
asked to state their name and agenda item they wish to comment on. 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.
STEVE TYE
Mayor
NANCY A. LYONS
Mayor Pro Tem
ANDREW CHOU
Council Member
RUTH M. LOW
Council Member
JENNIFER "FRED" MAHLKE
Council Member
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
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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
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and ARCHIVED VIEWING ON THE CITY’S WEB SITE AT
WWW.DIAMONDBARCA.GOV.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
July 07, 2020
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
ROLL CALL: Chou, Low, Mahlke, Mayor Pro Tem
Lyons, Mayor Tye
APPROVAL OF AGENDA: Mayor
1. CITY MANAGER REPORTS AND RECOMMENDATIONS:
57/60 Confluence Project: Update by METRO
2. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Council
on Consent Calendar items or other matters of interest not on the agenda that
are within the subject matter jurisdiction of the Council. Although the City Council
values your comments, pursuant to the Brown Act, members of the City Council
or Staff may briefly respond to public comments if necessary, but no extended
discussion and no action on such matters may take place. There is a five-minute
maximum time limit when addressing the City Council. At this time, the
teleconference moderator will ask callers one at a time to give their name and if
there is an agenda item number they wish to speak on before providing their
comment. If you wish to speak on a public hearing item or council consideration
item, you will then be called upon to speak at that point in the agenda.
JULY 7, 2020 PAGE 2
3. 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.
3.1 CITY COUNCIL MINUTES OF THE JUNE 9 AND JUNE 16, 2020
MEETINGS.
3.1.a June 9, 2020 Special City Council Minutes
3.1.b June 16, 2020 Regular City Council Minutes
Recommended Action:
Approve the June 9, 2020 Special and June 16, 2020 Regu lar City Council
meeting minutes.
Requested by: City Clerk
3.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES.
3.2.a May 12, 2020 Planning Commission Minutes
3.2.b May 26, 2020 Planning Commission Minutes
Recommended Action:
Receive and file the May 12, 2020 and May 26, 2020 regular meeting
minutes of the Planning Commission.
Requested by: City Clerk
3.3 RATIFICATION OF CHECK REGISTER DATED JUNE 4, 2020
THROUGH JUNE 29, 2020 TOTALING $1,718,778.78.
Recommended Action:
Ratify the Check Register.
Requested by: Finance Department
3.4 TREASURER'S STATEMENT
Recommended Action:
Approve the May 2020 Treasurer’s Statement.
Requested by: Finance Department
3.5 FOURTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DIANA CHO AND ASSOCIATES TO PROVIDE
COMMUNITY DEVELOPMENT BLOCK GRANT LABOR AND
CONTRACT COMPLIANCE SERVICES THROUGH JUNE 30, 2021.
Recommended Action:
JULY 7, 2020 PAGE 3
Approve, and authorize the Mayor to sign, the Fourth Amendment to
Consulting Services Agreement with Diana Cho and Associates granting
the fourth of four optional one-year extensions to June 30, 2021.
Requested by: Community Development Department
3.6 MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023.
Recommended Action:
Approve, and authorize the Mayor to sign, the Maintenance Services
Agreement with Woods Maintenance Services, Inc., to provide graffiti
abatement services through June 30, 2023.
Requested by: Community Development Department
3.7 CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
Recommended Action:
Adopt Resolution No. 2020-22 extending the Declared Local Emergency
regarding Novel Coronavirus (COVID-19).
Requested by: City Manager
3.8 CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL ELECTION,
AND CONSOLIDATING THE GENERAL MUNICIPAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION ON NOVEMBER 3, 2020, AND
ADOPTING REGULATIONS RELATED TO CANDIDATE STATEMENTS.
Recommended Action:
A. Adopt Resolution No. 2020-23 calling the General Municipal
Election to be held on Tuesday, November 3, 2020 for the election
of two (2) Members of the City Council, and Requesting Approval
from the Board of Supervisors of the County of Los Angeles to
Consolidate the General Municipal Election with the Statewide
General Election; and
B. Adopt Resolution No. 2020-24 adopting Regulations for Candidates
for Elective Office related to Candidate Statements.
Requested by: City Manager
3.9 SECOND AMENDMENT TO THE CROSSING GUARD SERVICES
AGREEMENT WITH AMERICAN GUARD SERVICES, INC.
Recommended Action:
JULY 7, 2020 PAGE 4
Approve, and authorize the Mayor to sign, the Second Amendment to the
Crossing Guard Services Agreement with American Guard Services, Inc.,
granting a two-year extension through June 30, 2022.
Requested by: Public Works Department
3.10 APPROVAL OF AN ADMINISTERING AGENCY-STATE AGREEMENT
ACCEPTING $72,000 IN GRANT FUNDS FOR THE PREPARATION OF
A LOCAL ROADWAY SAFETY PLAN.
Recommended Action:
A. Approve, and authorize the Mayor to sign, the Administering
Agency-State Agreement and Program Supplement accepting
$72,000 in grant funds to prepare a Local Roadway Safety Plan;
B. Adopt Resolution No. 2020-25 authorizing the Public Works
Director/City Engineer to sign necessary documents in
administering the Grant; and
C. Establish Fund 162 - Local Roadway Safety Plan Grant Fund.
Requested by: Public Works Department
3.11 TRANSFER AND CONVEYANCE OF SANITARY SEWER PRIVATE
CONTRACT NO. DB 2011-01 LOCATED ON LARKSTONE DRIVE
(TRACT 63623, SOUTH POINT DEVELOPMENT) IN THE CITY OF
DIAMOND BAR TO THE LOS ANGELES COUNTY SEWER
MAINTENANCE DISTRICT FOR FUTURE OPERATION,
MAINTENANCE, REPAIR AND IMPROVEMENT.
Recommended Action:
Adopt Resolution No. 2020-26 to transfer and convey the sanitary sewer
on Larkstone Drive (Tract 63623, South Pointe Development) to the Los
Angeles County Sewer Maintenance District.
Requested by: Public Works Department
3.12 CONSULTANT SERVICES AGREEMENT WITH HUSHMAND
ASSOCIATES, INC. FOR THE DESIGN OF DIAMOND BAR CENTER
SLOPE STABILIZATION PROJECT.
Recommended Action:
Approve, and authorize the Mayor to sign, a Consultant Services
Agreement with Hushmand Associates, Inc., in the amount of $73,500,
plus a contingency amount of $1,500 for a total authorization amou nt of
$75,000.
Requested by: Public Works Department
JULY 7, 2020 PAGE 5
3.13 NOTICE OF COMPLETION FOR THE INSTALLATION AND
IMPLEMENTATION OF THE ADAPTIVE TRAFFIC CONTROL SYSTEM
PROJECT (PROJECT#24616)
Recommended Action:
Approve and authorize the Public Works Director/City Engineer to file the
Notice of Completion.
Requested by: Public Works Department
3.14 DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39, AND 41 FOR FY 2020 -21.
Recommended Action:
A. Adopt Resolution No. 2020-27 (No. 38) declaring the City’s intention to
levy and collect assessments for Landscape Assessment District No.
38 and directing the City Clerk to advertise the Public Hearing to be set
for the July 21, 2020 regular meeting;
B. Adopt Resolution No. 2020-28 (No. 39) declaring the City’s intention to
levy and collect assessments for Landscape Assessment District No.
39 and directing the City Clerk to advertise the Public Hearing to be set
for the July 21, 2020 regular meeting; and
C. Adopt Resolution No. 2020-29 (No. 41) declaring the City’s intention to
levy and collect assessments for Landscape Assessment District No.
41 and directing the City Clerk to advertise the Public Hearing to be set
for the July 21, 2020 regular meeting.
Requested by: Public Works Department
4. PUBLIC HEARINGS: NONE
5. COUNCIL CONSIDERATION:
5.1 SUPPORT LETTERS REGARDING RESPONSIBLE USE OF FORCE
POLICY REFORM.
Recommended Action:
Discuss letters of support to the California Legislature and Los Angeles
County Board of Supervisors, and provide direction as deemed
appropriate.
Requested by: City Manager
6. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
7. ADJOURNMENT:
Agenda #: 3.1
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL MINUTES OF THE JUNE 9 AND JUNE 16, 2020
MEETINGS.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Approve the June 9, 2020 Special and June 16, 2020 Regular City Council meeting
minutes.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Minutes have been prepared and are being presented for approval.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.1.a June 9, 2020 Special City Council Minutes
2. 3.1.b June 16, 2020 Regular City Council Minutes
3.1
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
SPECIAL MEETING
JUNE 9, 2020
CALL TO ORDER: Mayor Tye called the Special City Council meeting to
order at 6:45 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer
“Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; Anthony Santos, Assistant to the City Manager; Dave DeBerry, City
Attorney; Greg Gubman, Community Development Director; Dianna Honeywell,
Finance Director; Dannette Allen, Management Analyst; David Liu, Director of Public
Works; Alfredo Estevez, Information Systems Analyst; Ken Desforges, IS Director;
Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information
Coordinator; JR Ybarra, Media Specialist; and, Kristina Santana, City Clerk
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
Brian Chen requested that the City address the issue of police milita rization by
changing priorities within the City’s budget.
3. PUBLIC HEARING:
3.1 AMENDMENTS TO THE FISCAL YEAR (FY) 2019/2020 AND 2020/2021
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS
PURSUANT TO THE CORONAVIRUS AID, RELIEF AND ECONOMIC
SECURITY (CARES) ACT TO FACILITATE THE ESTABLISHMENT OF
THE BUSINESS RECOVERY PROGRAM AND FUNDING SOURCE
THERETO.
CDD/Gubman stated that based on Councils’ advice to staff at the June
2nd meeting, staff prepared a policy for the COVID-19 Business Recovery
Program. As directed, the program will provide $5,000 grants to small
businesses that qualify by meeting the eligibility requirements in the policy.
3.1.a
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JUNE 9, 2020 PAGE 2 CITY COUNCIL
To fund the program, staff is proposing to repurpose $177,855 from FY
2020/2021 CDBG program that was intended to be used for the Area 2
Curb Ramps, an unallocated balance of $6,715 from a Home
Improvement Loan program repayment and through the CARES Act
$137,962 to fund COVID-19 relief efforts, for a total of $322,532 which
would fund up to 64 grants at $5,000 ea ch.
M/Tye asked if business owners could use these funds for rent and
CDD/Gubman responded that they can and stated he would detail the
different kinds of allowed expenses later in the presentation.
CDD/Gubman said there was a question at the June 2nd City Council
meeting about franchises and the resp onse is that an independent
franchise owner with one location in Diamond Ba r and no other franchises
within or outside of Diamond Bar would be eligible for this grant.
CDD/Gubman provided examples of what the grant funding can be used
for with the business owner providing documentation including, rent and
utilities, payroll, personal protective equipment (PPE) and equipment to
accommodate physical distancing in order to allow customers and
employees to conduct business.
Staff anticipates a very good response to the grant program and to
manage the large number of applications and to make the selection
process as fair as possible, a lottery system will be instituted as directed
by the City Council. An application window would run from 9:00 a.m. on
Monday, June 22nd and go for 48 hours concluding at 8:59:59 a.m. on
Wednesday, June 24th. All applications received during that intake
window would be randomly drawn and listed in their order of selection.
Given the funding limitations for this first round of grants, the first 64 of the
randomly drawn applications would be selected and once verified, would
pass the initial screening process and move on to the grant approval
phase by providing the additional required documentation in order for the
City to issue the grants.
M/Tye wanted to know if the businesses that got blown out of the first 64
would be numbered consecutively with number 65, 66, etc. and be moved
into line. CDD/Gubman responded yes, and as businesses are moved off
of the list, those businesses will be moved onto the list. Once 64
recipients have been identified, the remaining applicants will be
maintained on an eligibility list in the order drawn and be able to receive
grants if they qualify, in future lottery rounds.
CDD/Gubman proposed advertising through the City’s website, social
media, email subscription lists and at the June 16th City Council meeting
the week of June 15th through the 22nd. The 48-hour application window
would begin at 9:00 a.m. on Monday, June 22nd and run through
Wednesday, June 24th after which the initial screening process would
3.1.a
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JUNE 9, 2020 PAGE 3 CITY COUNCIL
begin with notification of lottery winners on Thursday, June 25th and staff
would proceed to work with the business owners through the verification
process to qualify for the grant payment.
C/Chou asked if the City was asking business owners to submit
supporting documents at the time they register for the lottery and
CDD/Gubman responded no, that staff will ask them to submit a very
simple screening intake form and staff will determine whether they meet
the very minimum requirements. For those selected, they will then go
through the vetting process to ensure the initial screening information is
accurate at which time they will be asked to submit documentation.
C/Mahlke asked if the business owner would be required to submit
additional information once they are through the vetting process and if so,
could we let them know what that is in advance of the vetting process.
CDD/Gubman said yes, definitely. Staff will have the intake application
and the full application posted on the website so that all of that information
is available up front. All details of what will need to be submitted are
included in the Program Policy that would be the basis for the application
forms.
MPT/Lyons said she loves the program and wanted to be sure staff was
prepared to answer questions in a timely fashion that applicants might
have at the time of application so they could get their applications in the
time window. CDD/Gubman said that staff intends to promote the
program the week prior to the application window opening and dedicated
phone and email contact information will be provided so that questions
can be answered prior to opening the application window.
MPT/Lyons said that since the cutoff is scheduled for 9:00 a.m. she is
concerned that the business owner might be putting together their
questions the night before and staff won’t see those questions prior to the
cutoff time. She suggested it might be better to have the program start
and end at noon. CDD/Gubman said that could be done if that is the
pleasure of the City Council. Because it is going to be a lottery system,
instead of first come, first serve, business owners will have the full 48-
hours to ask questions and complete their applications.
M/Tye said it made sense to him to change the hours and that t he City
needs to be as business-friendly as possible and agrees the City should
be sensitive to the business owner’s work hours as well.
C/Low said she agreed that it would be friendlier to the busin ess
community if the program ran from 12:00 noon to 12:00 noon. She asked
if the business community would be able to monitor the progress of the
program by visiting the website as to how many have applied and how
many are on the list beyond the 64, etc. as well as, when funds are getting
disbursed.
3.1.a
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JUNE 9, 2020 PAGE 4 CITY COUNCIL
CDD/Gubman said that staff would notify all of the applicants of their
lottery number so that if someone has the number 65 they will know that
they are first up for the next round of consideration.
M/Tye said he would recommend that the begin time be left a t 9:00 a.m.
on Monday and the end time be at noon on Wednesday. C/Chou said that
sounded good to him.
C/Chou felt that two of the eligibility items might cause a conflict – one
being that the business must have been open for at least one year and
that must also have a valid business license. He believes that the
program needs to be more specific by saying “one year from the date they
received their permit from the City”.
M/Tye said he did not read it that way. He thought that if they were open
for business for a year that prevents anybody running out and trying to
open a business tomorrow to take advantage of this program, but they
need a Business License from the City of Diamond Bar. He thinks there
might be a business that has been open for five years that does not have
a Business License and that they would obtain a license in order to qualify
and does not see the lack of a license precluding them.
C/Chou said that is the way he read it and believes that if the City is giving
the business owner money there will be businesses that do not have a
business license and why are we giving them City money.
M/Tye said they could get a business license anytime. It can be updated
just like a car license. There is no drop dead date for business licenses.
MPT/Lyons wanted to know how long it takes to get a business license.
CDD/Gubman responded that what he intended to point out was that
regardless of whether they have a business license, the City can easily
verify how long they have been in business and can obtain a business
license as long as it is a business that would have been given a business
license, it can be granted over the counter. It is a very strai ghtforward
process.
C/Low stated that if somebody does not have a business license, even
though they are operating unlawfully, as long as they make it lawful they
are then available for the grant.
M/Tye said a business permit might be a better term. He never saw the
lack of a business license as meaning they were operating unlawfully or
illegally. CDD/Gubman confirmed that a business license is merely a
registration and record keeping documentation of the business to provide
the City a means of verifying that they are allowed under the zoning to
operate where they are proposing to do so. There is no business tax that
is paid as part of that license.
3.1.a
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JUNE 9, 2020 PAGE 5 CITY COUNCIL
M/Tye said that, if there is someone who has never applied for a business
license and refuses to do so, they will not qualify for the grant.
CDD/Gubman affirmed M/Tye’s statement.
M/Tye opened the Public Hearing.
There being no one who wished to speak on th is item, M/Tye closed the
Public Hearing.
MPT/Lyons moved, C/Low seconded, to adopt Resolution No. 2020-16: to
amend the Fiscal Year 2019/2020 and 2020/2021 Community
Development Block Grant (CDBG) Program pursuant to the Coronavirus
Aid, Relief and Economic Security (CARES) Act allocating Community
Development Block Grant-Coronavirus (CDBG-CV) Programs Funds.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Low moved, C/Chou seconded, to approve the Business Recovery
Program Policy as presented in attachment 2 of the staff report. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for their work in putting together this program in a short
week and believes the business community will definitely benefit from it. This is
much needed and will be much appreciated and he cannot wait for the rollout.
Given the recent protest and funeral service for George Floyd, he felt it
appropriate for the Council to consider a couple of actions to act and to lead. He
previously provided information to his colleagues and tonight is formally
requesting their support in joining Supervisor Janice Hahn and Supervisor Mark
Ridley-Thomas in passing a resolution to urge the LA Sheriff’s Department to
adopt eight policies outlined in a motion he previously submitted and has a
second motion to ask his colleagues to consider formally support and request
staff to draft a resolution to support the eight policies.
CA/DeBerry asked if C/Chou was seeking action tonight or asking that this be
considered on a future agenda. C/Chou said he was asking for Council’s support
to have staff draft the resolution for approval at the next Council meeting.
3.1.a
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JUNE 9, 2020 PAGE 6 CITY COUNCIL
CA/DeBerry responded that since there is a strict requirement on items that can
be discussed as special agenda item s, he would suggest that this matter be
brought up at the June 16th meeting. C/Chou said he would do that.
C/Low thanked staff for their work on tonight’s agenda to reallocate the CDBG
grant funds and last week’s agenda to provide COVID-19 relief to local
businesses. She is excited that the City is putting financial re sources into this
project to help local businesses that have been hit hard by the virus. The stay-at-
home orders came forth in March and have gone on for about 10 weeks while the
businesses have done all they can to hang on struggling to pay their employe es,
rent and expenses, and most importantly, keeping their spirits up. She is
personally humbled by their perseverance and wants to encourage all residents
to continue supporting these local businesses. Today she had lunch at Saigon
Noodle House which is open for sit down dining and it was really a treat . Since
last Tuesday’s meeting on June 2nd, so many community members in Diamond
Bar and surrounding areas came and demonstrated to show their outrage over
police brutality and racism. As a leader of this community, she supports these
peaceful protesters and is also grieved by the mistreatment that so many have
unjustly suffered. However, she also believes that the law enforcement
community, as sworn officers, are integral members of this community and
society, and as a City leader, she supports them as well. She deeply
understands the difficulty of their jobs, personal risks and sacrifices they take
every day just by simply doing their jobs. She encouraged everyone to respond
as one community and not one group versus another. As a member of the
community, no matter which side one is on, we all came into the world the same
way and all breathe the same air and all believe the same way. She supports
listening and communication among all parties to learn f rom each other and
recognize one community and one humanity. She wishes everyone peace.
C/Mahlke says she feels that sometimes these are repeats and if we could see
each other we would smile and look at each other and think yeah, same thing.
She thanked staff for their work on tonight’s public hearing item and she is super
excited that these grants will benefit well beyond these 64 businesses and impact
families that are affiliated with those business as well as the public. She is really
proud and excited about the work staff has done to make this happen. As a
community member and as a community leader she continues to be in awe of the
changes that can happen when communities and people work together. She is a
dedicated educator in the field of public speaking and advocacy and she
absolutely agrees with C/Low that peaceful and lawful protests can create
dialogues that lead to significant policy changes, especially in the systemic
underlying issues that have long been a part of this country’s history. S he is
hoping that what is currently being seen and witnessed in response to the recent
killings of George Floyd, Breonna Taylor, Ahmaud Arbery and others is what is
going to create significant change in policy. And she is so proud that Diamond
Bar has had a voice in the conversation, even if it can be a difficult and
challenging conversation to have. We must keep talking. Constructive
argumentation at its heart is not about who is perceived to be right or wrong –
there is no focus on winning, and it is n ot about “them” versus “us”, but instead,
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the primary goal is always collaborative problem solving. With collaborative
problem solving, we all learn, we all listen, we all grow, and then eventually, we
all reach a mutual goal together. And that goal will be better than it ever could
have been had we done it alone. She encouraged Diamond Bar to keep having
tough conversations and work toward collaborative problem solving. Focus on
learning, listening and growing together. We have said it several times w ith
COVID-19 and with the current atmosphere, we need to continue to reiterate that
we are stronger together in all of this.
MPT/Lyons yielded to her very eloquent Council colleagues, all of whom spoke
really well. She added her thanks to CDD/Gubman and his staff as well as,
CM/Fox for putting the Business Recovery Program together in just a week. It is
a great and well thought out program, and soon Diamond Bar will have 64
businesses that have $5,000 more dollars of hope and encouragement.
M/Tye said it was a mere 168 hours ago last Tuesday when the Council was
talking about this and gave staff direction to have this ready for tonight’s special
meeting and he appreciates everybody’s efforts including Council’s efforts to
make the time to be here and mostly staff efforts toward an outstanding job and
terrific effort in putting this together, thinking through all issues, and tweaking it
as things are added and deleted. He is just so grateful for all of the hard work by
staff. He was very, very proud of the community of Diamond Bar as well as, the
Sheriff’s Department. It cannot be easy balancing public safety, which is what
they are paid for, with the right to protest peacefully. It was an unbelievable
gathering last Thursday and he felt the Sheriff ’s did an exemplary job and he
cannot say enough about how much he appreciates the Sheriff’s Department and
what they do day in and day out and night in an d night out for this community.
Again, terrific work by staff for getting this done. Thank you to everyone for
understanding that he was a little late and he appreciates everyone’s attention to
detail and answers to questions and making sure that we have all concerns
ironed out. He asked everyone to remember to choose joy!
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Special City Council Meeting at 7:28 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 7th day of July, 2020.
__________________________
Steve Tye, Mayor
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CITY OF DIAMOND BAR
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
JUNE 16, 2020
CALL TO ORDER: Mayor Tye called the Regular City Council meeting to
order at 6:30 p.m.
Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and
staff are participating via teleconference and there is no physical location for public
attendance. The Public has been invited to join the meeting online or by phone at the
numbers printed on the agenda.
PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance.
ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer
“Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and
Mayor Steve Tye
Staff participating telephonically: Dan Fox, City Manager; Ryan McLean, Assistant
City Manager; David DeBerry, City Attorney; Ryan Wright, Parks and Recreation
Manager; Anthony Santos, Assistant to the City Manager; David Liu, Public Works
Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Anthony Jordan,
Maintenance Superintendent; Jason Williams, Maintenance Supervisor; Grace Lee,
Senior Planner; May Nakajima, Associate Planner; Dianna Honeywell, Director of
Finance, Greg Gubman, Director of Community Development; Ken Desforges,
Director of Information Services; Alfredo Estevez, Information Systems; Amy Haug,
Human Resources & Risk Manager; Marsha Roa, Public Information Manager; Cecilia
Arellano, Public Information Coordinator; J.R. Ybarra, Media Specialist; Kristina
Santana, City Clerk
APPROVAL OF AGENDA: As presented.
1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None
2. PUBLIC COMMENTS:
CC/Santana stated that public comments submitted by email were forwarded to
the City Council, and provided a brief summary of each for the record:
Angela Marie Medina asked the Council to address acts of violence on the part of
the Sheriff’s Department during the June 4th Black Lives Matter protest.
Brian Chen asked the Council to address the issue of police militarization by
changing priorities in regards to the City’s budget.
Matthew Gan commented on the City’s spending for the Sheriff’s contract and
urged the Council to reconsider and redirect some of that funding.
Allen Wilson commented on Agenda Item 4.4 and asked that the Council end the
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contract with Gonzalves and Sons.
The following public comments were offered via telephone during the Council
meeting:
Jacob Wolak, Field Representative for Congressman Gilbert Ray Cisneros,
updated the City on the Congressman’s progress including co-sponsorship of
HR7120, the George Floyd Justice in Policing Act; HR2329, the Law
Enforcement Immersive Training Act, HR1714, Stop Militarizing Law
Enforcement Act; SB217 George Floyd Law for Enforcement and Integrit y Act;
HR4408, the Eric Garner Excessive Use of Force Prevention Act; HR1636, the
Commission on Social Status of Black Men and Boys Act; HR988, Resolution
Condemning Police Brutality; and HR4339, the Ending of Racial Profiling Act.
Joe Plunkett asked the Council to assess the task force report on 21st Century
policing and asked what recommendations the City would be imp lementing. He
asked for Council’s reaction to the LA Sheriff’s use of pepper balls on citizens
and children of Diamond Bar during the peaceful protest on Thursday, June 4th.
Rafael Plunkett noted that the Supreme Court has refused to hear the issue of
qualified immunity for police and that it must be dealt with at the local level . She
wanted to know Diamond Bar’s position on “qualified immunity” with regard to
police and the Walnut Valley Sheriff’s Department. She thanked Basil & Co. for
sponsoring meals at the June 4th protest and suggested that it would have been
better for those who boarded their businesses to engage with the community
offering water, snacks, and simply recognizing that Black Lives Matter.
Captain Reyes responded to comments regarding the Sheriff’s Department
presence during the June 4th Black Lives Matter protest stating that the Sheriff’s
Department and in particular, the Diamond Bar/Walnut Station, received
information of a planned protest that would occur in the City of Diamond Ba r. His
department prepared a plan to be ready for the peaceful protest. Prior to the
protest, the station received a number of concerns from residents and
businesses about social media chatter that said members from outside of the
community would be attending the protest to commit acts of theft and looting. In
response to that, his department prepared a twofold plan to ma ke sure that the
community members would be able to have a peaceful protest they would
monitor as well as, to ensure the safety of the protesters, community members
and structural integrity of the businesses. The protest went off essentially as
planned. There were approximately 300-400 people who gathered at the
intersection of Grand Avenue and Diamond Bar Boulevard. The Sheriff’s
Department made contact with the organizer and found them to be cooperative
with department instructions. As the protest progressed, it was observed that
some members participating in the protest began to enter the intersection and
cause some delay of traffic. In accordance with their plan, the Sheriff’s
Department sought to gain compliance of those entering into traffic and a sked
them to step back onto the sidewalk which they did. There were four to five of
these occurrences and each time they were instructed to go back onto the
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sidewalk they did so. As the protest continued, it was observed that more
protesters began to enter the intersection and temporarily block traffic. On one
occasion, all traffic moving into the intersection was completely blocked by
approximately 40-50 demonstrators. At that point, two Sheriff’s units entered the
intersection and utilizing their public address system, asked those protesters to
get back onto the sidewalk. Some complied and a couple of the protesters called
on other protesters to swarm the patrol units at which point several protesters
encircled the units. The protesters were again asked to allow the patrol cars to
leave the area and many failed to do so. There were also a number of
participants who were calling for those who had encircled the patrol cars to get
back onto the sidewalk to no avail. At that point Deputy Sheriff’s enter ed on foot
into the intersection to move people out o f the way so that the patrol cars were
able to vacate the area. The incident commander on scene felt that some
participating in the protest were becoming unruly and declared it an unlawful
assembly. There were several instructions given repeatedly declaring it an
unlawful assembly calling for people to vacate the area on a particular route.
Several deputies responded to the intersection for a threefold plan to contain the
unruly crowd, isolate and disperse them. After ample time, approximately 30
minutes of repeated instructions for protesters to leave the intersection, the
protesters engaged deputies in a skirmish line. Deputies held the line and did
not attempt to physically disburse and instead, maintained a position of
containment. At one point there was a crowd that began to antagonize the
skirmish line and one person aggressed the line essentially inciting others to do
so as well, and one deputy fired a number of pepper ball s into the ground in a
defensive manner to hold the line. He did not fire into the crowd. Pepper balls
are meant to be fired overhead so that the content disburses downward into the
crowd so that individuals will feel the effects of the pepper spray. In this case,
the pepper balls were fired into the ground and the contents remained on the
ground causing minimal contamination of the area. There were no arrests made.
The deputies maintained the line and continued to make several disbursal orders
and eventually, the protesters vacated the area of their own accord. There was
no damage to any properties or businesses, and no report of injuries as a result
of the department’s actions.
C/Chou asked Captain Reyes to respond to a question about at what point the
rally became an unlawful assembly and asked him to define the depa rtment’s
threshold a protest must reach before being declared unlawful.
Captain Reyes responded to C/Chou that in accordance with state law, Penal
Code Section 406, it states that if two or more people are gathered where lawful
and it transverses into being unlawful it becomes an unlawful assembly. In the
case of the June 4th assembly, the incident commander on scene felt that at the
point the protesters who were entering into the middle of traffic blo cking all lanes
of travel as well as, encircling patrol cars, presented a clear and present danger
to motorists and deputies in the intersection and created a delay in their duties,
which essentially prevented the officers from pursuing their duties of mai ntaining
order in the intersection. While this does not mean that every person present
was in violation of an unlawful assembly, once an unlawful assembly is declared
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and participants do not vacate the area and continue creating unlawful acts,
those individuals can be subject to arrest. In this case, the o bjective was to
restore order to the intersection and prevent it from becoming a f lashpoint into
acts of vandalism and looting.
C/Chou said he understands that one of the deputies fired a pepper ball round
into the ground in order to avoid contaminating the area, and wanted to know at
what level of engagement the use of pepper balls would typically be deployed.
Captain Reyes explained that the department has a Use of Force policy that it
must adhere to in its general policy as well as, within protests and any type of
unrest where crowds might need to be disbursed. Deputies that a re issued
weapons such as pepper balls, stun bags, etc. are trained in deploying and
employing those weapons in these types of situations. In this case, the pepper
ball was not fired directly at any of the protesters or any persons that were
attempting to aggress the skirmish line. It was meant as a defensive measure
only and once fired, the deputies maintained their positions and did not engage
protesters or try to push them back. It was used in a defensive and not in an
offensive manner.
MPT/Lyons asked if she heard correctly that the pepper spray did not cause any
injuries and Captain Reyes said that no injuries were reported to the Sheriff’s
Department. In any application of use of force or any employment of less lethal
weapons, the department conducts an administrative review and this case is
under administrative review and eventually there will be findings and/or
recommendations. To date, there have been no reports of damage to individuals
or property.
C/Low asked if instructions to protesters to disburse were given from the patrol
cars and Captain Reyes responded that C/Low was correct. There were several
announcements declaring the situation to be an unlawful as sembly which was
meant for people in the middle of the intersection blocking traff ic to vacate the
area and the direction in which they should vacate. It was well over 30 minutes
from the initial instruction for disbursement before the officer deployed the pepper
ball. C/Low asked if Captain Reyes was saying protesters were in the
intersection for more than 30 minutes or did he say that from the warnings to the
time of deployment of the pepper spray was half an hour. Captain Reyes
reiterated that there were several people who occupied the intersection and there
were other people who were standing on the sidewalk at the corners of the
intersection. There were several announcements declaring it an unlawf ul
assembly as well as, orders given to disburse and after half an hour of providing
those announcements, the pepper ball was employed.
C/Low asked how long people were in the intersection prior to the
announcements and Captain Reyes said he would have to review the report.
M/Tye said he was present at the site of the protest and said that some of the
folks who went into the intersection were there for more than one cycle of the
signal.
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JUNE 16, 2020 PAGE 5 CITY COUNCIL
C/Low asked if there was a time that the intersection had to be blocked off so
that traffic could not proceed because of the pedest rian traffic being in the
intersection and Captain Reyes responded absolutely. Once it was declared an
unlawful assembly, the deputies had to evacuate the motorists who were
stranded in the intersection and direct them safely out of the intersection for t he
safety of the people in the intersection as well as, the motorists. Several
resources were deployed for arterial intersections leading into Grand Avenue and
Diamond Bar Boulevard to be blocked off in order to redirect traffic after it was
declared to be an unlawful assembly. As far as he knows, organizers of the
protest did not meet with City staff or with anyone from the Sheriff’s Station to
plan a march on the streets or to occupy an in tersection to the point that if they
were permitted to do so, the Sheriff’s Department would have been able to
redirect traffic for them to occupy an intersection or march down a roadway. With
the proper permit, like any event such as a parade, there has to be authorization
from the City and coordination with the Sheriff’s Department in order for the
Sheriff’s Department to plan to reroute traffic and provide for public safety.
C/Low asked how easy or difficult it would have been for the protesters to get a
permit and Captain Reyes said that his understanding is that it would have been
a matter of the event coordinator meeting with City staff to fill out an application
for and receive the permit.
C/Low asked how many patrol cars were encircled and Captain Reyes
responded that two patrol cars were swarmed and encircled preventing them
from leaving the intersection and delaying peace officers in the performance of
their duties.
C/Mahlke said she appreciated Captain Reyes’ report which tracks with many
versions the Council has heard. When Captain Reyes began his presentation he
said the station had received calls concerned social media posts. She asked if
those calls of potential threats to the peaceful demonstration change d the way
the department had to plan in terms of allocated resources to help facilitate a
peaceful protest. Captain Reyes responded yes, and at the time there were a
number of riotous acts that were occurring throughout Los Angeles County and
his department had been placed on tactical alert. As a result, they had an
abundance of resources that were mobilized for the emergency the action plan
that was put together. Not only did the department receive calls, there were also
a number of community members who were on various social media pla tforms
who personally emailed him snapshots of postings on Twitter and Facebook of
particular individuals with screen names that were making comments about
coming to the cities of Diamond Bar and Walnut to commit acts of looting.
M/Tye said he arrived on scene a little after 1:00 p.m. and brought a case of
water with him which was clearly not enough water for the crowd. There was a
lot of energy, and it was very peaceful. People stormed the sidewalks. He said
C/Chou arrived a little later. His observation is that it was not hard to figure out
when it went from being a peaceful assembly to being unlawful. For the most
part, everybody was on the sidewalks and while some may have crossed on a
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green light in the crosswalk, others stayed in the intersection, which creates a
public safety hazard. Cars were not undisturbed. Many were caught in the
intersection waiting to proceed around people that were kneeling or sitting in the
intersection. He thinks that the position the Sheriff took was terrific in deal ing
with the businesses and what they could expect. In generally observing what
was taking place, the Sheriff’s cars stopped to provide a hedge of safety around
those protesters that were still in the intersection kneeling or sitting. And as soon
as a small group of some of the nearly 500 protesters refused to heed direction
to get out of the street, the peaceful protest became an unlawfu l assembly and
appropriate action was taken by the Sheriff’s Department. In his opinion, it is
wonderful that Diamond Bar residents and others from outside the area exercise
their right to peacefully assemble until, after a couple of hours, a small number
decided to escalate the situation. And he believes the deputies were there to do
their job to serve and protect. Since the early 80’s that he has lived in Diamond
Bar to the time he has been on the Council, public safety has always been Job 1
in Diamond Bar and as the City’s police department the City contracts with to
protect this community, they did an exemplary text -book job balancing the right of
citizens to protest peacefully while providing public safety for business,
individuals and for whoever. He is grateful for the Sheriff’s discernment for the
guys on the street that did what they had to do. Nobody was hurt. Perhaps
some were offended and some of the agitators didn’t get their way but nobody
was hurt, no businesses were damaged, and at the end of the day, a peaceful
protest took place. The Sheriff had to take action and it was proper action to lack
of response to the order to disburse. M/Tye thanked Captain Reyes and his
team for a job well done on behalf of Diamond Bar in a volatile situat ion.
3. COUNCIL CONSIDERATION:
3.1 ADOPTION OF THE FY 2020-2021 CITY OPERATING BUDGET AND
CAPITAL IMPROVEMENT PROGRAM, INCLUDING ESTABLISHMENT
OF THE APPROPRIATIONS LIMIT AND INVESTMENT POLICY.
FD/Honeywell presented the report stating that each year the City
Manager submits a draft budget for review and adoption. This year two
Study Sessions were held for this purpose, one on April 21st and the
second on May 19th to discuss the FY 2020-2021 budget. She presented
an overview of the proposed budget with a General Fund of nearly $26
million and a total budget of nearly $34 million. Staff began the budget
preparation process in January and was nearly finished preparing the draft
budget when the onset of COVID-19 pandemic became a worldwide
health crisis causing rapid and dramatic changes in state, county, and
local economies, which created a great deal of uncertainty with respect to
the City’s estimated revenues. As a result, it has become necessary for
the City to use some of its emergency contingency reserves. As part of
the Council’s prudent fiscal practices, 25 percent of the General Fund
operating expenditures (about $6.5 million) was set aside for a Rainy Day
Fund which, with the current fiscal situation, is exactly what these funds
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were intended for.
An overview of the General Fund estimates resources are reduced by
about $2.4 million which results in a deficit of about $1.2 million. Staff is
proposing to use an estimated Fund Balance Reserve for CIP projects and
LLAD expenditures and $850,000 for contingency reserve funds resulting
in a total surplus of about $158,000.
In 2019 the City Council reviewed the City’s long term financial forecast
and identified actions and policies to help put the City in a better fiscal
position, some of those actions are being suspended, including reversing
the 15 year amortization schedule back to 30 years for the CalPERS
Unfunded Pension Liability resulting in an annual savings of $200,600;
suspending the minimum Reserve Fund Contributions to the Building
Facilities & Maintenance Fund and the Technology Reserve Fund for a
savings of $200,000; Suspension of the Vehicle Replacement Policy and
deferring purchase of a truck, trailer mounted pressure washer and other
field vehicle equipment for a savings of $93,000; Suspension of Travel
and Conference Attendance for a Citywide savings of $71,630;
Suspension of the Performance Pay program for a Citywide savings of
$90,000, and Deferral of COLA/Benefit Increases for a Citywide savings of
$254,400.
General Fund budget highlights include the law enforcement budget with
an annual increase of about 5.57%. The Liability Trust Fund rate is at
11.5% for a total of about $758,000. An additional $52,440 from the Law
Enforcement Reserve Fund will be appropriated for special assignments
and suppression patrols, and staff is recommending that the STAR Deputy
program be changed to reduce classes from 420 to 164, reducing the cost
from $116,525 to $47,560 annually. The total Law Enforcement budget is
about $7.8 million which translates to a $426,000 over the current fiscal
year.
Recently, the City Council approved changes to the Animal Licensing
Fees to offset the cost to the City reducing the annual contract from about
$292,000 to $200,000. Staff is proposing to include $25 ,000 for
Restaurant Week and a Shop Local campaign. In addition, there have
been a number of changes in the Parks and Recreation Department
programs due to the Stay-at-Home order and social distancing and as
such, programs that would be significantly impacted have been canceled
including Day Camp, Concerts in the Park, and DBC Rentals, etc. f or a
savings of about $247,000.
Proposed for the use of General Fund Reserves include $100,000 for the
CIP program to replace the roof at Heritage Park, LLAD Subs idy of
$432,731 and use of the Contingency Reserve in the amount of $850,000
for a total of about $1.4 million.
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FD/Honeywell stated that a number of the City’s CIP projects are funded
with Special Revenue Funds. With the uncertainty of those revenue
streams, staff went back to the drawing board to defer about $4.5 million
worth of projects waiting to see how other revenue streams come to the
City putting the proposed CIP program at about $3.1 million.
Each year the City prepares an appropriations lim it and this year’s limit is
about $49.8 million. The appropriations subject to this limitation total
about $32.5 million, well below the limit. Included in Coun cil’s packet is a
new proposed Investment Policy with one change to the amount that can
be deposited into LAIF from $65 million to $75 million, the amount
permitted by the State of California.
Staff is seeking Council’s approval to establish a new fund, Fund 025, for
segregation of COVID-19 recovery to seek and track Federal and State
reimbursement for all costs related to COVID-19 expenditures. In addition,
staff seeks to establish a segregated new fund for the Hazard Elimination
Grant program for which the City has received a grant from FEMA to
update the Hazard Mitigation Plan.
M/Tye thanked FD/Honeywell for her comprehensive presentation.
C/Low thanked FD/Honeywell for her excellent report and asked about the
theory of showing a surplus in the budget when the City is using money
from reserve funds to fill in the gap. FD/Honeywell explained that in
general, these budget items are estimates and the surplus provides a
cushion so that staff does not have to come back to the Counci l each time
there might be a difference between the budgeted and final amounts.
C/Low said that the Council has been getting questions about funding for
law enforcement. Since Diamond Bar is a contract City it does not have a
police department but contracts with the LASD. How did the City arrive at
the number set aside for Public Safety? FD/Honeywell responded that the
Sheriff’ Department dictates a rate.
ACM/McLean explained that the City’s contract is based on the level of
personnel that it potentially employs/contracts for. In this case, there are
16 sworn deputies and a couple of non -sworn civilian positions that make
up the City’s law enforcement personnel. The cost is set by the county on
an annual basis. There is a rate increase that is usually applied for the
personnel contract rate. In addition, there is the liability trust fund which is
a set-aside surcharge that is applied to each of the positions. This year
that surcharge is between 11 and 11.5% and the contract rate increase for
this year was 5.57 percent. Those numbers apply to each position for
which the City contracts, which is how the total was arrived at for the
upcoming fiscal year.
C/Low asked if the only way to reduce the amount paid to the Sheriff’s is
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to reduce the number of deputies that are assigned to the City.
ACM/McLean explained that the cost in the budget is based on the
personnel that is requested. Each year the City fills out a 575 Form
(personnel allocation). Staff was able to reduce some of the cost in the
proposed budget by adjusting the amount of classes the STAR deputy
provides, but in order to bring other costs down, it would require a
reduction in personnel.
C/Low said that based on the reviews for Public Safety and calls for
service as well as, the amount of crime in Diamond Bar, is there a
determination that the number of deputies requested is in line with the
need in the City. ACM/McLean responded to C/Low that the number of
personnel matches the levels that the Council has appropriated for a
number of years (8-10 years) and during that time, crime rates have
remained relatively stable and the level of personnel has remained the
same.
C/Low asked if the Liability Trust Fund is spread across all cities that
contract with the Sheriff or is there a special rate for this fund.
ACM/McLean responded to C/Low that all contract cities pay the same
rate. The rate has increased significantly over the years and this year’s
rate is pretty much in line with the previous two years.
MPT/Lyons asked ACM/McLean to comment on problems some of the
surrounding cities such as West Covina are experiencing with their police
force and underfunded pensions, a problem Diamond Bar does not have.
ACM/McLean said he could not speak directly to the fin ancial concerns of
other cities, however, the difference is that in those agencies, the polic e
department consists of employees of that city, which means that the city
pays for their salaries and benefits as well as, pension obligations and
police stations, equipment, vehicles and so forth. In the contract model,
cities that have contracts with the Sheriff’s Department, those individuals
are not employees of the city which means Diamond Bar is paying for a
contract service and the equipment costs, station costs, vehicle costs, etc.
are built into the contract and the Sheriff’s Department is responsible for
any personnel obligations associated with their employees.
MPT/Lyons asked FD/Honeywell if the new fee schedule for animal control
was passed by the other cities ensuring the new contract would go into
effect. ACM/Santos responded that he has not heard anything that would
indicate otherwise. At this point, he feels certain that all cities have
adopted similar fees.
MPT/Lyons commented that things are moving so quickly and she would
like to have a high-level presentation each month about how each month
is closed out indicating whether revenue came in as anticipated and
expenses come in as projected so that everyone knows whether we are
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on track and doing better or doing worse. She feels this would help
residents and staff feel more secure about where the City is financially and
how it is spending its money.
FD/Honeywell responded that she and CM/Fox have discussed whether it
might be more appropriate to do a quarterly update and, if things are
changing more rapidly, consider providing monthly updates. During the
next couple of months, the City will accrue income that will pertain to FY
19/20 and will not actually see new FY revenue until August/Se ptember of
this year. Certainly, staff will monitor this budget very closely and make
regular recommendations as things change with businesses reopening as
changes become visible throughout the world.
C/Chou thanked staff for putting the new budget together and believes this
is a budget the City can be proud of given the current environment. It is a
work in progress and he foresees that at some point, the gap will be
bridged.
M/Tye said it was yeoman’s work putting the budget together given all of
the challenges. He believes the City is in good shape for such a time as
this, given that 30 plus years of Council’s have put s omething aside for a
rainy day and it is now pouring outside. The City has the resources to
weather this storm. Again, thanks to staff for putting together an excellent
product for the Council to consider.
C/Low moved, C/Mahlke seconded, to Adopt Resolution No. 2020-17
approving the FY 2020-2021 City Operating Budget and Capital
Improvement Program. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/Lyons moved, C/Low seconded, to Adopt Resolution No. 2020-18
establishing the Appropriations Limit for FY 2020-2021 in the amount of
$49,761,208. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Chou moved, C/Mahlke seconded, to Adopt Resolution No. 2020 -19
approving the FY 2020-21 Investment Policy. Motion carried by the
following Roll Call vote:
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AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/Lyons moved, C/Low seconded, to Establish Fund 025 COVID -19
Recovery Fund in FY 2019-2020 and, Establish Fund 163 Hazard
Elimination Grant Program Fund in FY 2020-2021. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4. CONSENT CALENDAR: C/Low moved, MPT/Lyons seconded, to
approve the Consent Calendar with the exception of Item 4.5 removed from the
Consent Calendar with no action taken; Item 4.21 pulled by C/Low, and Item 4.16
pulled by MPT/Lyons. In addition, MPT/Lyons abstained from voting on Item
4.15. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
4.1 APPROVED CITY COUNCIL MINUTES OF THE JUNE 2, 2020
REGULAR MEETING – AS SUBMITTED.
4.2 RATIFIED CHECK REGISTER DATED MAY 21, 2020 THROUGH JUNE
3, 2020 TOTALING $1,111,191.45.
4.3 APPROVED THIRD AMENDMENT TO THE CONTRACTOR SERVICES
AGREEMENT WITH NETWORK PARATRANSIT SYSTEMS FOR
SENIOR TRANSPORTATION SERVICES THROUGH JUNE 30, 2021.
4.4 APPROVED FIRST AMENDMENT TO THE AGREEMENT WITH JOE A,
GONSALVES AND SON FOR STATE LEGISLATIVE ADVOCACY AND
GOVERNMENTAL AFFAIRS SERVICES.
4.5 APPROVED MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023. (REMOVED FROM CONSENT CALENDAR)
4.6 APPROVED CONSULTING SERVICES AGREEMENT WITH SJC3
CONSULTING ("SJC3"), TO ADMINISTER THE CITY'S HOME
IMPROVEMENT PROGRAM (HIP) THROUGH JUNE 30, 2025.
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4.7 APPROVED CONSULTING SERVICES AGREEMENT WITH DAVID
EVANS AND ASSOCIATES, INC. FOR LANDSCAPE PLAN CHECKING
SERVICES THROUGH JUNE 30, 2023.
4.8 ADPOPTED RESOLUTION NO. 2020-20 AUTHORIZING SUBMITTAL
OF A LOCAL EARLY ACTION PLANNING GRANTS PROGRAM
(LEAP) GRANT APPLICATION.
4.9 APPROVED CONSULTANT SERVICES AGREEMENT WITH THE
COMDYN GROUP, INC., FOR AS-NEEDED GEOGRAPHIC
INFORMATION SYSTEMS (GIS) AND INFORMATION
TECHNOLOGY SERVICES THROUGH JUNE 30, 2025.
4.10 APPROVED MAINTENANCE SERVICES AGREEMENT WITH
INTEGRUS LLC, (DBA ADVANCED OFFICE) FOR COPIER
MAINTENANCE SERVICES AND SUPPLIES THROUGH JUNE 30, 2025.
4.11 APPROVED PROFESSIONAL SERVICES AGREEMENT WITH TENNIS
ANYONE, INC. FOR CONTRACTED TENNIS INSTRUCTION
THROUGH JUNE 30, 2021.
4.12 APPROVED FIRST AMENDMENT TO THE PROFESSIONAL SERVICE S
AGREEMENT WITH ABSOLUTE INTERNATIONAL SECURITY, INC.
FOR SECURITY GUARD SERVICES THROUGH JUNE 30, 2021.
4.13 APPROVED CONSULTANT SERVICES AGREEMENT WITH PRINCE
GLOBAL SOLUTIONS, LLC FOR FEDERAL ADVOCACY SERVICES
RELATED TO THE SR57/60 CONFLUENCE PROJECT THOUGH JUNE
30, 2021.
4.14 APPROVED CONSULTING SERVICES AGREEMENT WITH
METROPOINTE ENGINEERS, INC. FOR DESIGN SERVICES OF
IMPROVEMENTS ALONG SOUTHBOUND DIAMOND BAR
BOULEVARD AT EASTBOUND SR-60 ON RAMP.
4.15 APPROVED MAINTENANCE SERVICES AGREEMENT WITH VALLEY
VISTA SERVICES, INC., FOR STREET SWEEPING SERVICES
THROUGH JUNE 30, 2025.
4.17 ADOPTED RESOLUTION NO. 2020-21 AUTHORIZING CONTINUED
PARTICIPATION IN THE NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE TO PURCHASE JANITORIAL SUPPLIES FOR
CITY FACILITIES FOR FISCAL YEAR 2020-2021.
4.18 APPROVED THIRD AMENDMENT TO THE VENDOR SERVICES
AGREEMENT WITH EXTERIOR PRODUCTS CORPORATION FOR
STREET DECORATIONS THROUGH JUNE 30, 2021.
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4.19 APPROVED FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BEST LIGHTING PRODUCTS, INC. FOR
MONTHLY LIGHTING INSPECTIONS AND MAINTENANCE THOUGH
JUNE 30, 2021.
4.20 APPROVED FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH BRIGHTVIEW LANDSCAPE SERVICES INC. FOR
LANDSCAPE MAINTENANCE SERVICES (CITY PARKS) THROUGH
JUNE 30, 2021.
4.22 APPROVED FIRST AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH TRANE U.S. INC. DBA TRANE FOR MECHANICAL
AND BUILDING AUTOMATION SYSTEM PREVENTATIVE
MAINTENANCE AND REPAIR SERVICES THROUGH JUNE 30, 2021.
4.23 APPROVED THIRD AMENDMENT TO THE MAINTENANCE SERVICES
AGREEMENT WITH B & T CATTLE FOR WEED ABATEMENT
SERVICES THROUGH JUNE 30, 2021.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
4.16 APPROVE SECOND AMENDMENT TO TRAFFIC SIGNAL
MAINTENANCE SERVICES AGREEMENT WITH SIEMENS MOBILITY,
INC. THROUGH 2020-2022.
MPT/Lyons said she was concerned because this item resulted in a 40
percent increase because of the three accidents that took out signals and
wanted to know if these items were subject to subrogation and return of
the money from the responsible parties.
CM/Fox responded that staff pursues insurance companies to seek
reimbursement for property damage. Timing can be somewhat delayed
and does not always follow within the same fiscal year. The contract
authorizes the expenditure side and costs are recuperated on the revenue
side as the funds come in to the City.
MPT/Lyons asked if the contract amount would be reduced back down for
subsequent years following collection of the monies.
CM/Fox responded yes, that the additional $40,000 would be utilized on a
time and materials basis if the City incurs damage and seeks replacement.
MPT/Lyons moved, C/Chou seconded, to approve Consent Calendar Item
4.16. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
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ABSENT: COUNCIL MEMBERS: None
4.21 APPROVE MAINTENANCE SERVICES AGREEMENT WITH MCE
CORPORATION FOR LANDSCAPE MAINTENANCE SERVICES (LLAD
NOS. 38, 39 & 41) THROUGH JUNE 30, 2023.
C/Low asked if once a decision is made about what to do with the LLAD’s
and the change occurs prior to the end of this contract, is the City able to
terminate the contract at that point or would the City have to wait until
2023.
CM/Fox responded that standard language in the agreement always
provides the City as well as, the service contractor to cancel the
agreement at any time without cause given certain noticing.
C/Low said she has an interest in LLAD No. 39 and asked if she would
need to abstain from voting on this item. CA/DeBerry explained t hat
C/Low does not have to exclude herself because approval of this contract,
while it will help maintain the landscaping area, will not have any effect on
the Council Members income or property.
C/Low moved, C/Mahlke seconded, to approve Consent Cal endar Item
4.21. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons,
M/Tye
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
5. PUBLIC HEARING(S): NONE
6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chou thanked staff for putting the budget together whi ch is something
everyone can be proud of given the circumstances. Once this pandemic is
behind us we will all come out of it better and stronger. He reminded business
owners that the Business Recovery Grant lottery opens next Monday at 9:00
a.m. He will host a virtual office hour on Thursday at 4:00 p.m. to go over the
program and help spread the message about the program. On June 4th he
participated in the Black Lives Matter rally at the intersection of Grand Avenue
and Diamond Bar Boulevard. The City received a great report about the event
from Captain Reyes. He saw hundreds of residents, mostly local students and
parents, come together to highlight decades of unfair and unjust treatment of
African-American men and women at the hands of some law enfo rcement
officers. After the event, the Council Members received over 200 emails
pleading for action and to do their part in making sure that the Sheriff’s
Department Diamond Bar contracts with is held to a higher standard. On June
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13th, a rally was held at Peterson Park with over 100 students, parents and
grandparents showing up in solidarity with the movement. C/Chou said that he,
Congressman Cisneros and Sheriff Villanueva were honored to address the
crowd and read statements from Supervisor Hahn, and statements from his
colleagues on the Council. After that event, he continued to receive emails and
phone calls urging the City to act. He believes this is the Council’s moment as
elected leaders to act and lead. If it pleases his colleagues and M/T ye, he
wanted to ask staff to prepare two resolutions to bring back at the next meeting
for Council’s consideration: 1) a Resolution to join Supervisor Hahn and
Supervisor Mark Ridley-Thomas to urge the LA Sheriff’s Department to adopt the
eight policies outlined in his email which are part of the Aid Can’t Wait campaign
and to reduce police brutality in LA County. Additionally, he is also requesting
staff to draft a Resolution to support AB1196 as introduced by Assemblyman
Mike Gibson which seeks to ban the use of carotid artery restraint (vascular neck
restraint) by law enforcement, which is the type of chokehold that cuts off blood
circulation to the brain and causes damage and even death in many instances.
C/Mahlke thanked staff for the hard work on the budget which required a lot of
rethinking and redoing. She especially thanked them for giving her additional
time and energy as the new Councilmember needing to make sure she
understood the numbers and the acronyms. Tonight there were public comments
comparing funds for law enforcement and fire services in Diamond Bar which
was addressed by her colleagues. In looking at the City’s budget and given an
accurate picture of what is happening, fire services for Diamond Bar are paid
through property taxes as part of the LA County Fire District. When the City
receives comments and emails saying funds should be moved from law
enforcement to the fire services, those are not accurate numbers when only one
number appears in the City’s budget. For those who a re pointing out that
firefighters need help because we have extended fire seasons or they need
updated equipment or other tools in order to perform their jobs well, she agrees
with that. In March there was a measure put on the ballot to help support the L A
County Fire, Measure FD, which was defeated at the polls. In terms of the
suggestion that Diamond Bar should have its own police department, she did a
little rough math in terms of the suggestions and Pomona has their own PD at an
amount of over $62 million or 53 percent of their operating budget. She knows
that Pomona does not compare to Diamond Bar in size – Pomona is about two-
thirds bigger than Diamond Bar, but in applying rough math, it puts Diamond Bar
at about $20 million. Whittier has about 30,0 00 more people than Diamond Bar
and their last year’s budget for their police department was over $25 million. She
believes in the contract city model for Diamond Bar and believes that the LA
Sheriff’s Department and the changes they have previously made and will
continue to make, they will continue to look at the ways in which they hold
themselves accountable to the residents of Diamond Bar and accountable to
each other. Within the past several weeks Sheriff Villanueva has promised
increased review of policies and procedures and transparency for the department
and with the current bylaws and community-based policing being at the forefront
of that, he will be held to that. She is very interested in looking forward six
months or one year from now when the community sees reports and studies that
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highlight the impact of these changes. And hopefully with those changes in place
that can be quantified, there will also be an earned trust within our community.
History has taught us that change does not happen ov ernight. We saw that
yesterday with the historic Supreme Court decision for our LGBTQIA + family and
community members who are now included and protected by the 1964 Civil
Rights Act. Change doesn’t happen overnight, but the first step is making the
commitment to create change. And she thinks that first step is happening now at
the local, state and federal levels, and as commitment to change becomes
changes in policy, she will continue to be diligent as a citizen and as a
Councilmember to ensure that we educate ourselves so that we can advocate in
productive ways to make sure that those changes that we want and need actually
happen. Thank you to everyone for their work this evening.
C/Low thanked C/Mahlke for her comments and agreed with her well-stated
comments regarding the idea that the contract is a better financial model for
Diamond Bar than having its own police department and with regard to
transferring money to the fire department as well as, the fact that changes do not
happen overnight and that as Council Members, we will be seeing those changes
and working toward that end. She expressed her great appreciation to CM/Fox
and FD/Honeywell for their excellent work in putting together the City’s budget for
FY 2020-21. Each year the budget is a huge task and this year it was even more
difficult with the unexpected economic impact of COVID -19. Imagine trying to
project what the City’s revenues will be when no one has seen a complete
shutdown of the economy before this pandemic. And yet, the executive team
presented a budget that is prudent, thoughtful and optimistic and very
transparent. She is personally very optimistic about Diamond Bar and with this
budget, it affirms the years of savings that the previous and current City Councils,
over the many years wisely set aside will carry Diamond Bar through this crisis.
Thank you to all previous City Council Members, some of whom are with us
today. Because of the Rainy Day Fund, the City is able to provide the services of
Public Safety, nice roadways and clean streets, well-kept parks, trails, tennis and
Pickleball courts, planning and development services, distribution of in formation
through media and directly to the community and services to seniors, such as
rides to medical appointments and shopping. And the City continues to provide
services that the residents of Diamond Bar are not able to see such as, the
computer system that keeps the City’s information safe, the accounting system
that ensures that money is not misspent or stolen, the traff ic management
system that keeps signals working and streets free of traffic jams and all of staff
who behind the scenes, keep tabs on the safety and well-being of the City’s
residents 24/7. The budget reflects these priorities and the priorities of the en tire
City Council which simply, is the well-being of our residents and City. Thank you
to staff for an outstanding effort and she looks forward to the next budget review
when the City can report additional revenues and the easing of health restrictions
so that some of the community events can once again be enjoyed by everyone.
She encouraged everyone to look at the City’s website and in particular, the
dedicated page for COVID-19 relief, where one can see that the City Council has
enacted several things to help businesses recover and thrive including relaxing of
signage, permitting of outdoor dining, and a grant program for businesses.
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MPT/Lyons said that with respect to C/Chou’s proposal to enact “Eight Can’t
Wait”, that item is currently the policy of the Sheriff’s Department which seems to
render the potential passage of a resolution redundant. A big thank you to
FD/Honeywell and her staff and especially SMA/Allen, for their efforts in
preparing the budget. She is certain it was definitely the most cha llenging effort
to date as revenues continued to change and decrease as the budget was being
put together. It sounds like a n ightmare but it all was very professionally done.
She was able to place holds on materials and books at the library and pick them
up which can be done by anyone who has a library card . Anyone who does not
have a library card can apply for an electronic library card and check out eBooks.
She is not sure whether this is good news, but it is a sign that things are getting
back to normal that in the past couple of weekdays she heard about one accident
at the SR57/60 chokepoint which may be a sign things are beginning to return to
normal. With respect to the recent protest, American racism persists despite
decades of legislation and attempts to undermine it, which is frustrating for all
and especially for those who live under its negative power and consequenc es.
Overwhelmingly, the majority of Americans would affirm that they hate racism
and certainly in Diamond Bar, residents hate ra cism. Like all residents she
condemns racism and discrimination and looks forward to positive societal
changes.
M/Tye thanked the Plunkett’s for mentioning Basil & Co. who the City thanks for
providing food and water on June 4th. We have fine businesses in Diamond Bar
and appreciate they are doing everything they can to make themselves visible
and to let people know they care about them. Thank you to the Sheriff’s
Department who participated in keeping some 500 people safe. No one was
hurt. Everybody got to go home. No businesses were damaged or looted. It
was a great exercise of restraint and he is proud of those who wea r the badge of
the Los Angeles Sheriff’s Department whose efforts are greatly appreciated to
keep Diamond Bar safe.
CM/Fox asked for clarification on C/Chou’s request to agendize items for the next
meeting.
M/Tye said he heard it was a request to prepare documents. He has no issue
with putting those items on the next agenda.
C/Chou restated his request for staff to place on the July 7th City Council agenda
for discussion, his proposal for two resolutions as detailed in his comments this
evening.
M/Tye said there was some discussion about whether there was a need for a
meeting on July 7th. CM/Fox said he anticipated that there will be the need for a
City Council meeting on July 7th.
M/Tye felt there was a need to agendize the items put forth by C/Chou and he
would like to have Captain Reyes available for any questions the Council might
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have following staff’s report.
MPT/Lyons asked if M/Tye would like for the Public Safety Committee to meet
with Captain Reyes regarding this matter prior to the July 7th meeting and M/Tye
said he did not believe that was necessary.
ADJOURNMENT: With no further business to conduct, M/Tye adjourned the
Regular City Council Meeting at 8:09 p.m.
Respectfully submitted:
__________________________
Kristina Santana, City Clerk
The foregoing minutes are hereby approved this 7th day of July, 2020.
__________________________
Steve Tye, Mayor
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Agenda #: 3.2
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CITY COUNCIL RECEIPT OF COMMISSION MINUTES.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
Receive and file the May 12, 2020 and May 26, 2020 regular meeting minutes of the
Planning Commission.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
It is the practice to provide the City Council with approved Commission meeting
minutes. The Planning Commission minutes of May 12, 2020 and May 26, 2020 have
been approved and are being transmitted to the Council for your information.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.2.a May 12, 2020 Planning Commission Minutes
2. 3.2.b May 26, 2020 Planning Commission Minutes
3.2
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3.2.b
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Agenda #: 3.3
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: RATIFICATION OF CHECK REGISTER DATED JUNE 4, 2020
THROUGH JUNE 29, 2020 TOTALING $1,718,778.78.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Ratify the Check Register.
FINANCIAL IMPACT:
Expenditure of $1,718,778.78.
BACKGROUND/DISCUSSION:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council Meeting.
The attached check register containing checks dated June 4, 2020 through June 29,
2020 totaling $1,718,778.78 is being presented for ratification. All payments have been
made in compliance with the City’s purchasing policies a nd 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:
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REVIEWED BY:
Attachments:
1. 3.3.a Check Register Affidvit 7-7-2020
2. 3.3.b Check Register 7-7-2020
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Packet Pg. 46
SUNGARD PENTAMATION INC PAGE NUMBER: 1DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132763 06/08/20 CAREFORT CARE FOR THE CHILDREN 001 DEP REFUND-PR 20-0291 0.00 1,000.0010100 132764 06/17/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-PRINTERS 0.00 678.7810100 132764 06/17/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-PRINTERS 0.00 678.7810100 132764 V 06/17/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-PRINTERS 0.00 -678.7810100 132764 V 06/17/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-PRINTERS 0.00 -678.78TOTAL CHECK 0.00 0.0010100 132765 06/17/20 ATCGROUP ATC GROUP SERVICES LLC 001 PERMIT DEP RELEASE 0.00 3,500.0010100 132766 06/17/20 BARLASNA NAILA ASAD BARLAS 0015210 PLNG COMM MTG 0.00 65.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 325.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0015333 PLANT MAINT-JUNE 20 0.00 -200.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0015556 PLANT MAINT-JUNE 20 0.00 -135.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 -325.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 -107.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 -325.0010100 132767 V 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 -107.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 325.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0015333 PLANT MAINT-JUNE 20 0.00 200.0010100 132767 06/17/20 EVERGREE ROBYN A BECKWITH 0015556 PLANT MAINT-JUNE 20 0.00 135.00TOTAL CHECK 0.00 0.0010100 132768 06/17/20 BENTMFG BENT MANUFACTURING COMPA 0015554 TOOLS/EQ-P/WORKS 0.00 2,942.6810100 132769 06/17/20 BESTLTG BEST LIGHTING PRODUCTS I 0014093 ADDL MAINT-C/HALL 0.00 142.8810100 132769 06/17/20 BESTLTG BEST LIGHTING PRODUCTS I 1385538 ADDL MAINT-DIST 38 0.00 153.7810100 132769 06/17/20 BESTLTG BEST LIGHTING PRODUCTS I 0015333 ADDL MAINT-DBC 0.00 282.7110100 132769 06/17/20 BESTLTG BEST LIGHTING PRODUCTS I 0015556 ADDL MAINT-PARKS 0.00 953.78TOTAL CHECK 0.00 1,533.1510100 132770 06/17/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL MAINT-LORBEER 0.00 440.0010100 132770 06/17/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015333 LANDSCAPE SVCS-DBC 0.00 6,044.0010100 132770 06/17/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 LANDSCAPE SVCS-PARKS 0.00 29,719.00TOTAL CHECK 0.00 36,203.0010100 132771 06/17/20 CARDCONN CARDCONNECT 0015350 EQ RENTAL-C/CARD 0.00 125.0010100 132772 06/17/20 CDW-G CDW GOVERNMENT 0014070 COMP MAINT SVCS-I.T. 0.00 1,248.2610100 132772 V 06/17/20 CDW-G CDW GOVERNMENT 0014070 COMP MAINT SVCS-I.T. 0.00 -1,248.2610100 132772 V 06/17/20 CDW-G CDW GOVERNMENT 0014070 COMP MAINT SVCS-I.T. 0.00 -1,248.2610100 132772 06/17/20 CDW-G CDW GOVERNMENT 0014070 COMP MAINT SVCS-I.T. 0.00 1,248.26TOTAL CHECK 0.00 0.0010100 132773 06/17/20 CHEMPROL CHEM PRO LABORATORY INC 0015333 WATER TREATMNT SVCS 0.00 155.0010100 132773 06/17/20 CHEMPROL CHEM PRO LABORATORY INC 0014093 WATER TREATMENT SVCS 0.00 155.00TOTAL CHECK 0.00 310.0010100 132774 06/17/20 CORREAJA JASMIN CORREA 001 RECREATION REFUND 0.00 20.003.3.bPacket Pg. 47
SUNGARD PENTAMATION INC PAGE NUMBER: 2DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132775 06/17/20 CRISTALE JEFF CRISTALES 001 FACILITY REFUND 0.00 161.7810100 132776 06/17/20 DAPEERRO DAPEER ROSENBLIT & LITVA 0014020 LEGAL SVCS-APR 2020 0.00 307.3510100 132777 06/17/20 DASC DIAMOND AGE SENIOR CLUB 1255215 LIABILITY INS REIMB 0.00 1,000.0010100 132778 06/17/20 DASCA DIAMOND AGE SR CITIZENS 1255215 LIABILITY INS REIMB 0.00 1,000.0010100 132778 V 06/17/20 DASCA DIAMOND AGE SR CITIZENS 1255215 LIABILITY INS REIMB 0.00 -1,000.00TOTAL CHECK 0.00 0.0010100 132779 06/17/20 DBESC DIAMOND BAR EVERGREEN CL 1255215 LIABILITY INS REIMB 0.00 786.0910100 132780 06/17/20 DIANACHO DIANA CHO 1255215 CDBG ADMIN SVCS-SR PR 0.00 533.0010100 132780 06/17/20 DIANACHO DIANA CHO 2505510 CDBG ADMIN SVCS-APR 0.00 2,050.00TOTAL CHECK 0.00 2,583.0010100 132781 06/17/20 DOGGIEWA DOGGIE WALK BAGS INC 1155515 SUPPLIES-DOGGIE BAGS 0.00 1,330.4310100 132782 06/17/20 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-LRBR 0.00 310.0010100 132782 06/17/20 ECOFERTI ECOFERT INC 0015556 FERTIGATION SVCS-PNTR 0.00 840.00TOTAL CHECK 0.00 1,150.0010100 132783 06/17/20 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MONTHLY MAINT SVCS 0.00 1,006.0010100 132784 06/17/20 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL-PL 2019-162 0.00 22.7510100 132784 06/17/20 EXPRESSM EXPRESS MAIL CORPORATE A 0015210 E/MAIL-GENERAL 0.00 23.0010100 132784 06/17/20 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL-PL 2018-100 0.00 45.5010100 132784 06/17/20 EXPRESSM EXPRESS MAIL CORPORATE A 001 E/MAIL-PL 2015-253 0.00 45.50TOTAL CHECK 0.00 136.7510100 132785 V 06/17/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 E/MAIL-GENERAL 0.00 -71.1610100 132785 V 06/17/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 -71.1610100 132785 06/17/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 E/MAIL-GENERAL 0.00 71.1610100 132785 06/17/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 71.16TOTAL CHECK 0.00 0.0010100 132786 06/17/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND 0.00 469.1010100 132786 V 06/17/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND 0.00 -469.1010100 132786 V 06/17/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND 0.00 -469.1010100 132786 06/17/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND 0.00 469.10TOTAL CHECK 0.00 0.0010100 132787 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH SVCS-SRST CHI 0.00 715.9710100 132787 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-ANALOG PHONES 0.00 775.0010100 132787 V 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 -715.9710100 132787 V 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-ANALOG EMERG 0.00 -775.0010100 132787 V 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH SVCS-SRST CHI 0.00 -715.9710100 132787 V 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-ANALOG PHONES 0.00 -775.0010100 132787 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 715.9710100 132787 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-ANALOG EMERG 0.00 775.00TOTAL CHECK 0.00 0.003.3.bPacket Pg. 48
SUNGARD PENTAMATION INC PAGE NUMBER: 3DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132788 06/17/20 GARGMAHE MAHENDRA GARG 0015210 PLNG COMM MTG 0.00 65.0010100 132789 V 06/17/20 GLOBALHE GLOBAL HEALTHCARE PRODUC 0254440 SUPPLIES-COVID 19 0.00 -1,533.0010100 132789 06/17/20 GLOBALHE GLOBAL HEALTHCARE PRODUC 0254440 SUPPLIES-COVID 19 0.00 1,533.00TOTAL CHECK 0.00 0.0010100 132790 V 06/17/20 GOVCONNE GOVCONNECTION INC 0014065 EQ-KEYBOARDS 0.00 -239.4510100 132790 V 06/17/20 GOVCONNE GOVCONNECTION INC 0014065 EQ-I.T. 0.00 -239.4510100 132790 06/17/20 GOVCONNE GOVCONNECTION INC 0014065 EQ-KEYBOARDS 0.00 239.4510100 132790 06/17/20 GOVCONNE GOVCONNECTION INC 0014065 EQ-I.T. 0.00 239.45TOTAL CHECK 0.00 0.0010100 132791 06/17/20 GOWSHUFE SHUGEN GOW 001 RECREATION REFUND 0.00 38.0010100 132791 06/17/20 GOWSHUFE SHUGEN GOW 001 RECREATION REFUND 0.00 38.0010100 132791 V 06/17/20 GOWSHUFE SHUGEN GOW 001 RECREATION REFUND 0.00 -38.0010100 132791 V 06/17/20 GOWSHUFE SHUGEN GOW 001 RECREATION REFUND 0.00 -38.00TOTAL CHECK 0.00 0.0010100 132792 06/17/20 GRANANGE ANGELA GRANDBOIS 001 RECREATION REFUND 0.00 1,740.0010100 132793 06/17/20 GJSINC GUARANTEED JANITORIAL SE 0015556 JANITORIAL SVCS-PKS 0.00 2,450.0010100 132793 06/17/20 GJSINC GUARANTEED JANITORIAL SE 0015333 JANITORIAL SVCS-DBC 0.00 5,400.0010100 132793 06/17/20 GJSINC GUARANTEED JANITORIAL SE 0014093 JANITORIAL SVCS-C/HLL 0.00 8,724.00TOTAL CHECK 0.00 16,574.0010100 132794 06/17/20 HARDYHAR HARDY & HARPER INC 0015554 RD MAINT-SIDEWLK REPR 0.00 20,590.6010100 132795 06/17/20 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 SUPPLIES-DBC 0.00 802.4610100 132795 06/17/20 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015556 MAINT SUPPLIES-PARKS 0.00 708.3210100 132795 06/17/20 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015333 CREDIT MEMO 0.00 -285.1510100 132795 06/17/20 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015556 CREDIT MEMO 0.00 -136.96TOTAL CHECK 0.00 1,088.6710100 132796 06/17/20 BEEREMOV HONEYCOTT INC 1385538 BEE REMOVAL-GRND/LVW 0.00 118.0010100 132797 06/17/20 HOPSCOTC HOPSCOTCH PRESS INC 0015333 AD-DBC 0.00 2,300.0010100 132797 06/17/20 HOPSCOTC HOPSCOTCH PRESS INC 0015333 AD-DBC 0.00 2,300.0010100 132797 V 06/17/20 HOPSCOTC HOPSCOTCH PRESS INC 0015333 AD-DBC 0.00 -2,300.0010100 132797 V 06/17/20 HOPSCOTC HOPSCOTCH PRESS INC 0015333 AD-DBC 0.00 -2,300.00TOTAL CHECK 0.00 0.0010100 132798 V 06/17/20 AOS INTEGRUS LLC 0014070 COPIER SVCS-APR/JUN 0.00 -335.6210100 132798 V 06/17/20 AOS INTEGRUS LLC 0014070 COPIER CHARGES-APR/MA 0.00 -335.6210100 132798 06/17/20 AOS INTEGRUS LLC 0014070 COPIER CHARGES-APR/MA 0.00 335.6210100 132798 06/17/20 AOS INTEGRUS LLC 0014070 COPIER SVCS-APR/JUN 0.00 335.62TOTAL CHECK 0.00 0.0010100 132799 06/17/20 JIVECOMM JIVE COMMUNICATIONS INC 0014070 CITY PH SYS-JUNE 20 0.00 2,438.8510100 132799 06/17/20 JIVECOMM JIVE COMMUNICATIONS INC 0014070 CITY PHONE SYSTEM-JUN 0.00 2,438.8510100 132799 V 06/17/20 JIVECOMM JIVE COMMUNICATIONS INC 0014070 CITY PH SYS-JUNE 20 0.00 -2,438.8510100 132799 V 06/17/20 JIVECOMM JIVE COMMUNICATIONS INC 0014070 CITY PHONE SYSTEM-JUN 0.00 -2,438.853.3.bPacket Pg. 49
SUNGARD PENTAMATION INC PAGE NUMBER: 4DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNTTOTAL CHECK 0.00 0.0010100 132800 V 06/17/20 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-MAY 0.00 -4,000.0010100 132800 V 06/17/20 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-MAY 0.00 -4,000.0010100 132800 06/17/20 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-MAY 0.00 4,000.0010100 132800 06/17/20 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-MAY 0.00 4,000.00TOTAL CHECK 0.00 0.0010100 132801 06/17/20 FASTSIGN K7 ENTERPRISES 0254095 PRINT SVCS-COVID 19 0.00 609.0610100 132802 06/17/20 KIMLEYHO KIMLEY HORN AND ASSOCIAT 0015551 T/ENG ON CALL SVCS 0.00 642.4810100 132803 V 06/17/20 LOOMIS LOOMIS 0014050 COURIER SVCS-MAY 20 0.00 -314.1610100 132803 V 06/17/20 LOOMIS LOOMIS 0015333 COURIER SVCS-MAY 20 0.00 -314.1610100 132803 V 06/17/20 LOOMIS LOOMIS 0014050 COURIER SVCS-MAY 20 0.00 -314.1610100 132803 V 06/17/20 LOOMIS LOOMIS 0015333 COURIER SVCS-MAY 20 0.00 -314.1610100 132803 06/17/20 LOOMIS LOOMIS 0014050 COURIER SVCS-MAY 20 0.00 314.1610100 132803 06/17/20 LOOMIS LOOMIS 0015333 COURIER SVCS-MAY 20 0.00 314.1610100 132803 06/17/20 LOOMIS LOOMIS 0014050 COURIER SVCS-MAY 20 0.00 314.1610100 132803 06/17/20 LOOMIS LOOMIS 0015333 COURIER SVCS-MAY 20 0.00 314.16TOTAL CHECK 0.00 0.0010100 132804 06/17/20 LOPECARO CAROLINA LOPEZ 001 FACILITY REFUND 0.00 614.8010100 132804 V 06/17/20 LOPECARO CAROLINA LOPEZ 001 FACILITY REFUND 0.00 -614.8010100 132804 V 06/17/20 LOPECARO CAROLINA LOPEZ 001 FACILITY REFUND 0.00 -614.8010100 132804 06/17/20 LOPECARO CAROLINA LOPEZ 001 FACILITY REFUND 0.00 614.80TOTAL CHECK 0.00 0.0010100 132805 06/17/20 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS-APR 20 0.00 568,276.4910100 132805 06/17/20 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL T/SVCS 0.00 5,860.51TOTAL CHECK 0.00 574,137.0010100 132806 06/17/20 MAGNUSIN MAGNUS INTERNATIONAL 0254095 TRANSLATION SVCS 0.00 305.0010100 132807 06/17/20 MCECORPO MCE CORPORATION 1385538 LANDSCAPE MAINT-#38 0.00 5,002.0010100 132807 06/17/20 MCECORPO MCE CORPORATION 1415541 LANDSCAPE MAINT-#41 0.00 5,673.0010100 132807 06/17/20 MCECORPO MCE CORPORATION 1395539 LANDSCAPE MAINT-#39 0.00 17,373.0010100 132807 06/17/20 MCECORPO MCE CORPORATION 0015554 RIGHT OF WAY-MAY 20 0.00 975.4410100 132807 06/17/20 MCECORPO MCE CORPORATION 0015554 VEGETATION CONTROL-MA 0.00 15,283.43TOTAL CHECK 0.00 44,306.8710100 132808 06/17/20 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 RECYCLING SVCS-APR 20 0.00 1,154.2810100 132809 V 06/17/20 METROLIN METROLINK 1125553 MEMO CREDIT-COVID 19 0.00 773.5010100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 -89.2510100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 -89.2510100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 -333.2010100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 -1,332.8010100 132809 V 06/17/20 METROLIN METROLINK 1125553 MEMO CREDIT-COVID 19 0.00 773.5010100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 -89.2510100 132809 V 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-SR 0.00 -89.2510100 132809 V 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-MAY 20 0.00 -333.203.3.bPacket Pg. 50
SUNGARD PENTAMATION INC PAGE NUMBER: 5DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132809 V 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 -1,332.8010100 132809 06/17/20 METROLIN METROLINK 1125553 MEMO CREDIT-COVID 19 0.00 -773.5010100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 1,332.8010100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 333.2010100 132809 06/17/20 METROLIN METROLINK 1125553 MEMO CREDIT-COVID 19 0.00 -773.5010100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 89.2510100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 89.2510100 132809 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-MAY 20 0.00 333.2010100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 89.2510100 132809 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-SR 0.00 89.2510100 132809 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 1,332.80TOTAL CHECK 0.00 0.0010100 132810 06/17/20 MOKKENNE KENNETH L MOK 0015210 PLNG COMM MTG 0.00 65.0010100 132811 06/17/20 MCC MUNICIPAL CODE CORPORATI 0014070 ADMIN SUPPORT FEE 0.00 475.0010100 132811 V 06/17/20 MCC MUNICIPAL CODE CORPORATI 0014070 ADMIN FEE-6/20-5/21 0.00 -475.0010100 132811 V 06/17/20 MCC MUNICIPAL CODE CORPORATI 0014070 ADMIN SUPPORT FEE 0.00 -475.0010100 132811 06/17/20 MCC MUNICIPAL CODE CORPORATI 0014070 ADMIN FEE-6/20-5/21 0.00 475.00TOTAL CHECK 0.00 0.0010100 132812 06/17/20 NETWPARA NETWORK PARATRANSIT SYST 1125553 DIAMOND RIDE SVCS-APR 0.00 6,941.4510100 132813 06/17/20 OUTDOORC OUTDOOR CREATIONS 0015556 FURNISINGS-REAGAN PK 0.00 28,197.8810100 132814 06/17/20 PATELSON SONAL PATEL 001 FACILITY REFUND 0.00 1,941.0310100 132814 06/17/20 PATELSON SONAL PATEL 001 FACILITY REFUND 0.00 1,941.0310100 132814 V 06/17/20 PATELSON SONAL PATEL 001 FACILITY REFUND 0.00 -1,941.0310100 132814 V 06/17/20 PATELSON SONAL PATEL 001 FACILITY REFUND 0.00 -1,941.03TOTAL CHECK 0.00 0.0010100 132815 V 06/17/20 PRO1PRIN PRO1PRINT LLC 0014095 PRINT SVCS-FLYER 0.00 -126.7910100 132815 V 06/17/20 PRO1PRIN PRO1PRINT LLC 0014095 PRINT SVCS-FLYERS 0.00 -126.7910100 132815 06/17/20 PRO1PRIN PRO1PRINT LLC 0014095 PRINT SVCS-FLYERS 0.00 126.7910100 132815 06/17/20 PRO1PRIN PRO1PRINT LLC 0014095 PRINT SVCS-FLYER 0.00 126.79TOTAL CHECK 0.00 0.0010100 132816 06/17/20 PSI PROTECTION ONE INC 0015556 ALARM SVCS-HERITAGE 0.00 142.8510100 132816 06/17/20 PSI PROTECTION ONE INC 0015333 ALARM SVCS-DBC 0.00 156.93TOTAL CHECK 0.00 299.7810100 132817 06/17/20 PUBLICST PUBLIC STORAGE #23051 001 STORAGE RENTAL-JULY 0.00 457.0010100 132818 06/17/20 RFDICKSO R F DICKSON COMPANY INC 0015554 ST SWEEPING SVCS-MAY 0.00 17,648.8810100 132819 06/17/20 RAWLINGS WILLIAM AUSTIN RAWLINGS 0015210 PLNG COMM MTG 0.00 65.0010100 132820 06/17/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SERVICES 0.00 2,362.1410100 132820 V 06/17/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SERVICES 0.00 -2,362.1410100 132820 V 06/17/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SERVICES 0.00 -2,362.1410100 132820 06/17/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SERVICES 0.00 2,362.14TOTAL CHECK 0.00 0.003.3.bPacket Pg. 51
SUNGARD PENTAMATION INC PAGE NUMBER: 6DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132821 06/17/20 RETAILMA RETAIL MARKETING SERVICE 1155515 SHOPPING CART RTRVL 0.00 215.0010100 132822 06/17/20 YOUNGREM RICHDAI INC 0015350 CONTRACT CLASS-VIRTUA 0.00 50.0010100 132823 06/17/20 RKACONSU RKA CONSULTING GROUP 0015220 BLDG & SFTY SVCS-APR 0.00 26,051.2310100 132824 06/17/20 SCFUELS SC FUELS 5205230 FUEL-CODE ENFOR 0.00 124.2410100 132824 06/17/20 SCFUELS SC FUELS 5205556 FUEL-PKS/FACILITIES 0.00 340.6010100 132824 06/17/20 SCFUELS SC FUELS 5205554 FUEL-RD MAINT 0.00 430.0010100 132824 06/17/20 SCFUELS SC FUELS 5204093 FUEL-POOL VEH 0.00 7.71TOTAL CHECK 0.00 902.5510100 132825 06/17/20 SCHAFERC SCHAFER CONSULTING 5304070 CONSULTING SVCS-ERP 0.00 3,913.7510100 132825 V 06/17/20 SCHAFERC SCHAFER CONSULTING 5304070 CONSULTING SVCS-ERP 0.00 -3,913.7510100 132825 V 06/17/20 SCHAFERC SCHAFER CONSULTING 5304070 CONSULTING SVCS-ERP 0.00 -3,913.7510100 132825 06/17/20 SCHAFERC SCHAFER CONSULTING 5304070 CONSULTING SVCS-ERP 0.00 3,913.75TOTAL CHECK 0.00 0.0010100 132826 06/17/20 SHILIWEI LIWEI SHI 001 RECREATION REFUND 0.00 1,750.0010100 132826 06/17/20 SHILIWEI LIWEI SHI 001 RECREATION REFUND 0.00 1,750.0010100 132826 V 06/17/20 SHILIWEI LIWEI SHI 001 RECREATION REFUND 0.00 -1,750.0010100 132826 V 06/17/20 SHILIWEI LIWEI SHI 001 RECREATION REFUND 0.00 -1,750.00TOTAL CHECK 0.00 0.0010100 132827 06/17/20 SHUMCRYS CRYSTAL SHUM 0015350 CONTRACT CLASS-VIRTUA 0.00 50.0010100 132827 06/17/20 SHUMCRYS CRYSTAL SHUM 0015350 CONTRACT CLASS-VIRTUA 0.00 50.00TOTAL CHECK 0.00 100.0010100 132828 06/17/20 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 2,315.0010100 132829 06/17/20 SCAQMD SO COAST AIR QUALITY MGT 0015333 AQMD FEES-7/19-6/20 0.00 137.6310100 132830 06/17/20 SCLD SOUTH COAST LIGHTING & D 0015554 TRAFFIC SIGNAL MAINT 0.00 2,190.7310100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 208.6610100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS-DBC 0.00 3,390.3010100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 25.4210100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 2,449.3510100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 127.5710100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 194.9010100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 209.8910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 100.6910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 103.3310100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 460.3610100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 68.3910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 244.1110100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 68.3910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 100.6910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 103.3310100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 127.5710100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 194.903.3.bPacket Pg. 52
SUNGARD PENTAMATION INC PAGE NUMBER: 7DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 209.8910100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 460.3610100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 244.1110100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 844.5710100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 393.2010100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 247.3710100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 2,449.3510100 132832 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 844.5710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 -25.4210100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 -208.6610100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS-DBC 0.00 -3,390.3010100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -68.3910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -100.6910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -103.3310100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -127.5710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -194.9010100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -209.8910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -244.1110100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -460.3610100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -844.5710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -2,449.3510100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -68.3910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -100.6910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -103.3310100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -127.5710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -194.9010100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -209.8910100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -244.1110100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -460.3610100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -844.5710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -2,449.3510100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -247.3710100 132832 V 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 -393.20TOTAL CHECK 0.00 0.0010100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 DATA EQ ACCT-C/HALL 0.00 90.5010100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE 0.00 264.9810100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-CITY HALL 0.00 581.4810100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 1,040.0010100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE 0.00 -264.9810100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 -1,711.9810100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 DATA EQ ACCT-C/HALL 0.00 -90.5010100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE 0.00 -264.9810100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-CITY HALL 0.00 -581.4810100 132833 V 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 -1,040.0010100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE 0.00 264.9810100 132833 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 1,711.98TOTAL CHECK 0.00 0.0010100 132834 06/17/20 THEPOLYP THE POLY POST 1155515 AD-HHW ORGANICS 0.00 850.0010100 132835 V 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN FEES-JULY 4TH 0.00 -275.003.3.bPacket Pg. 53
SUNGARD PENTAMATION INC PAGE NUMBER: 8DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132835 V 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0255333 DECALS-DBC 0.00 -730.6910100 132835 V 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0254093 DECALS-CITY HALL 0.00 -730.6910100 132835 V 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN/POST SETUP 0.00 -275.0010100 132835 V 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN FEES-JULY 4TH 0.00 -275.0010100 132835 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN FEES-JULY 4TH 0.00 275.0010100 132835 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN/POST SETUP 0.00 275.0010100 132835 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN FEES-JULY 4TH 0.00 275.0010100 132835 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0255333 DECALS-DBC 0.00 730.6910100 132835 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0254093 DECALS-CITY HALL 0.00 730.69TOTAL CHECK 0.00 0.0010100 132836 06/17/20 TAITDAVI THE TAIT GROUP INC 0015551 CONSULTANT SVCS-MAY 0.00 2,504.6610100 132837 06/17/20 JACKSONS TRADITIONAL AUTO SUPPLY 5205556 VEH MAINT SVCS-P/WKS 0.00 382.6610100 132838 06/17/20 TRANE TRANE SERVICE GROUP INC 0015556 MAINT SVCS-HERITAGE 0.00 744.0010100 132839 06/17/20 URMINC UNITED RECORDS MANAGEMEN 0014070 TAPES STORAGE-MAY 20 0.00 594.0010100 132839 06/17/20 URMINC UNITED RECORDS MANAGEMEN 0014070 OFF-SITE STORAGE-I.T 0.00 594.0010100 132839 V 06/17/20 URMINC UNITED RECORDS MANAGEMEN 0014070 TAPES STORAGE-MAY 20 0.00 -594.0010100 132839 V 06/17/20 URMINC UNITED RECORDS MANAGEMEN 0014070 OFF-SITE STORAGE-I.T 0.00 -594.00TOTAL CHECK 0.00 0.0010100 132840 V 06/17/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 -1,552.4110100 132840 V 06/17/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 -1,552.4110100 132840 06/17/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,552.4110100 132840 06/17/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,552.41TOTAL CHECK 0.00 0.0010100 132841 06/17/20 WAKALOLA LOLA WAKAMATSU 001 RECREATION REFUND 0.00 70.0010100 132842 06/17/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 50.8210100 132842 06/17/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 SUPPLIES-CITY HALL 0.00 67.3510100 132842 06/17/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 JANITORIAL SUPPLIES 0.00 132.6910100 132842 06/17/20 WAXIESAN WAXIE SANITARY SUPPLY 0014093 JANITORIAL SUPPLIES 0.00 599.00TOTAL CHECK 0.00 849.8610100 132843 06/17/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE WATERING SVCS-MA 0.00 1,530.0010100 132843 06/17/20 WESTCOAS WEST COAST ARBORISTS INC 0015558 TREE MAINT SVCS-MAY 0.00 8,338.00TOTAL CHECK 0.00 9,868.0010100 132844 06/17/20 WEHS WEST COVINA HIGH SCHOOL 001 FACILITY REFUND 0.00 500.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 19-800 0.00 1,200.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 19-1960 0.00 1,260.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 15-2073 0.00 72.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-1960 0.00 -226.8010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-800 0.00 -216.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 15-2073 0.00 -72.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 16-2759 0.00 -36.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 15-2073 0.00 400.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 16-2759 0.00 36.003.3.bPacket Pg. 54
SUNGARD PENTAMATION INC PAGE NUMBER: 9DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 PROF.SVCS-PR 16-2759 0.00 200.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-800 0.00 216.0010100 132845 06/17/20 WILLDANG WILLDAN GEOTECHNICAL 001 ADMIN FEE-PR 19-1960 0.00 226.80TOTAL CHECK 0.00 3,060.0010100 132846 06/17/20 WOLFERAY RAYMOND WALTER WOLFE 0015210 PLNG COMM MTG 0.00 65.0010100 132847 06/17/20 ZAINOTEN ZAINO TENNIS COURTS INC 250 RETENTIONS PAYABLE 0.00 1,930.7010100 132848 06/17/20 AMERICOM AMERICOMP GROUP 0014070 TONERS-PRINTERS 0.00 678.7810100 132849 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-LIBRARY 0.00 107.0010100 132849 06/17/20 EVERGREE ROBYN A BECKWITH 0015556 PLANT MAINT-HERITAGE 0.00 135.0010100 132849 06/17/20 EVERGREE ROBYN A BECKWITH 0015333 PLANT MAINT-DBC 0.00 200.0010100 132849 06/17/20 EVERGREE ROBYN A BECKWITH 0014093 PLANT MAINT-CITY HALL 0.00 325.00TOTAL CHECK 0.00 767.0010100 132850 06/17/20 CDW-G CDW GOVERNMENT 0014070 COMP SYS MAINT-I.T. 0.00 1,248.2610100 132851 06/17/20 DBESC DIAMOND BAR EVERGREEN CL 1255215 LIABILITY INS REIMB 0.00 786.0910100 132851 V 06/17/20 DBESC DIAMOND BAR EVERGREEN CL 1255215 LIABILITY INS REIMB 0.00 -786.09TOTAL CHECK 0.00 0.0010100 132852 06/17/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 71.1610100 132853 06/17/20 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND 0.00 469.1010100 132854 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-SRST CH 1 0.00 715.9710100 132854 06/17/20 FRONTIER FRONTIER COMMUNICATIONS 0014070 PH.SVCS-ANALOG EMERG 0.00 775.00TOTAL CHECK 0.00 1,490.9710100 132855 06/17/20 GOVCONNE GOVCONNECTION INC 0014065 SUPPLIES-I.T. 0.00 239.4510100 132856 06/17/20 GOWSHUFE SHUGEN GOW 001 RECREATION REFUND 0.00 38.0010100 132857 06/17/20 HOPSCOTC HOPSCOTCH PRESS INC 0015333 AD-DBC 0.00 2,300.0010100 132858 06/17/20 AOS INTEGRUS LLC 0014070 COPY CHARGES-APR/MAY 0.00 335.6210100 132859 06/17/20 JIVECOMM JIVE COMMUNICATIONS INC 0014070 CITY PHONE SYS-JUNE 0.00 2,438.8510100 132860 06/17/20 JONESKEV KEVIN D JONES 0015551 CONSULTANT SVCS-MAY 0.00 4,000.0010100 132861 06/17/20 LOOMIS LOOMIS 0014050 COURIER SVCS-FINANCE 0.00 314.1610100 132861 06/17/20 LOOMIS LOOMIS 0015333 COURIER SVCS-DBC 0.00 314.16TOTAL CHECK 0.00 628.3210100 132862 06/17/20 LOPECARO CAROLINA LOPEZ 001 FACILITY REFUND 0.00 614.8010100 132863 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-MAY 20 0.00 333.2010100 132863 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-SR 0.00 89.2510100 132863 06/17/20 METROLIN METROLINK 1125553 CITY SUBSIDY-SR 0.00 89.253.3.bPacket Pg. 55
SUNGARD PENTAMATION INC PAGE NUMBER: 10DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132863 06/17/20 METROLIN METROLINK 1125553 METROLINK PASSES-MAY 0.00 1,332.8010100 132863 06/17/20 METROLIN METROLINK 1125553 MEMO CREDIT-COVID 19 0.00 -773.50TOTAL CHECK 0.00 1,071.0010100 132864 06/17/20 MCC MUNICIPAL CODE CORPORATI 0014070 ADM SUPPORT FEE-20/21 0.00 475.0010100 132865 06/17/20 PATELSON SONAL PATEL 001 FACILITY REFUND 0.00 1,941.0310100 132866 06/17/20 PRO1PRIN PRO1PRINT LLC 0014095 PRINT SVCS-FLYERS 0.00 126.7910100 132867 06/17/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SERVICES 0.00 2,362.1410100 132868 06/17/20 SCHAFERC SCHAFER CONSULTING 5304070 CONSULTING SVCS-ERP 0.00 3,913.7510100 132869 06/17/20 SHILIWEI LIWEI SHI 001 RECREATION REFUND 0.00 1,750.0010100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 2,449.3510100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015333 ELECT SVCS-DBC 0.00 3,390.3010100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 127.5710100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 68.3910100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 208.6610100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 209.8910100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 194.9010100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 100.6910100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 103.3310100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 844.5710100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 393.2010100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 460.3610100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 244.1110100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 247.3710100 132870 06/17/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 25.42TOTAL CHECK 0.00 9,068.1110100 132871 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 DATA EQ A/C-C/HALL 0.00 90.5010100 132871 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 PH.SVCS-HERITAGE 0.00 264.9810100 132871 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 581.4810100 132871 06/17/20 ADELPHIA SPECTRUM BUSINESS 0014070 INTERNET SVCS-C/HALL 0.00 1,040.00TOTAL CHECK 0.00 1,976.9610100 132872 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 DESIGN FEES-JULY 4TH 0.00 275.0010100 132872 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0255333 DECALS-COVID 19 0.00 730.6910100 132872 06/17/20 THESAUCE THE SAUCE CREATIVE SERVI 0254093 DECALS-COVID 19 0.00 730.69TOTAL CHECK 0.00 1,736.3810100 132873 06/17/20 URMINC UNITED RECORDS MANAGEMEN 0014070 OFF-SITE STORAGE-I.T. 0.00 594.0010100 132874 06/17/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,552.4110100 132875 06/29/20 BEGINNER BEGINNERS EDGE SPORTS TR 0015350 CONTRACT CLASS-VIRTUA 0.00 50.0010100 132876 06/29/20 VALLEYCR BRIGHTVIEW LANDSCAPE SER 0015556 ADDL MAINT-PETERSON 0.00 381.823.3.bPacket Pg. 56
SUNGARD PENTAMATION INC PAGE NUMBER: 11DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132877 06/29/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-HERITAGE 0.00 316.4010100 132877 06/29/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-DBC 0.00 446.8010100 132877 06/29/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-CITY HALL 0.00 746.1610100 132877 06/29/20 BULLSEYE BULLSEYE TELECOM INC 0014070 PH.SVCS-PANTERA 0.00 49.64TOTAL CHECK 0.00 1,559.0010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 15-2722 0.00 -315.0010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 16-2660 0.00 -83.1610100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-1960 0.00 -47.2510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 -45.4510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 -22.9510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 22.9510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-2051 0.00 45.4510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 19-1960 0.00 47.2510100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 16-2660 0.00 83.1610100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 19-2051 0.00 127.5010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 19-2051 0.00 252.2010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 19-1960 0.00 262.5010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 ADMIN FEE-PR 15-2722 0.00 315.0010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 16-2660 0.00 462.0010100 132878 06/29/20 PENCOENG CANNON CORPORATION 001 PROF.SVCS-PR 15-2722 0.00 1,750.00TOTAL CHECK 0.00 2,854.2010100 132879 06/29/20 CAPIO CAPIO 0014095 MEMBERSHIP DUES-ROA 0.00 275.0010100 132879 06/29/20 CAPIO CAPIO 0014095 MEMBERSHIP DUES-ARLLN 0.00 275.00TOTAL CHECK 0.00 550.0010100 132880 06/29/20 CHICAGOT CHICAGO TITLE COMPANY 1255215 TITLE REPORT-HIP246 0.00 125.0010100 132881 06/29/20 CHIENANT ANTAO CHIEN 001 FACILITY REFUND 0.00 475.0010100 132882 06/29/20 COLLEYFO COLLEY AUTO CARS INC 5205556 VEH MAINT-P/WORKS 0.00 594.5110100 132883 06/29/20 COWANDEL DELORES R COWAN 0015350 CONTRACT CLASS-VIRTUA 0.00 300.0010100 132884 06/29/20 DAVIDEVA DAVID EVANS AND ASSOCIAT 2505510 ENG SVCS-APR 2020 0.00 1,758.5410100 132885 06/29/20 DDSLEARN DDS LEARNING SYSTEMS INC 0015350 CONTRACT CLASS-VIRTUA 0.00 50.0010100 132886 06/29/20 DENNISCA CAROL A DENNIS 0015210 PROF.SVCS-PLNG COMM 0.00 125.0010100 132886 06/29/20 DENNISCA CAROL A DENNIS 0014030 PROF.SVCS-CNCL MTGS 0.00 375.00TOTAL CHECK 0.00 500.0010100 132887 06/29/20 ECSIMAGI ECS IMAGING INC 0014030 ESC PRIORITY SUPPORT 0.00 1,750.0010100 132888 06/29/20 EIDEEMIL EMILY EIDE 001 RECREATION REFUND 0.00 124.0010100 132889 06/29/20 EWING EWING IRRIGATION PRODUCT 0015556 PARK MAINT SVCS 0.00 531.6410100 132890 06/29/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PANTERA 0.00 30.0010100 132890 06/29/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-HERITAGE 0.00 40.0010100 132890 06/29/20 EXTERMIN EXTERMINETICS OF SO CAL 0015556 PEST CONTROL-PETERSON 0.00 50.003.3.bPacket Pg. 57
SUNGARD PENTAMATION INC PAGE NUMBER: 12DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132890 06/29/20 EXTERMIN EXTERMINETICS OF SO CAL 0015333 PEST CONTROL-DBC 0.00 115.0010100 132890 06/29/20 EXTERMIN EXTERMINETICS OF SO CAL 0014093 PEST CONTROL-C/HALL 0.00 145.00TOTAL CHECK 0.00 380.0010100 132891 06/29/20 FEDEX FEDERAL EXPRESS CORPORAT 0014030 EXPRESS MAIL-GENERAL 0.00 34.7910100 132892 06/29/20 GRAFFITI GRAFFITI CONTROL SYSTEMS 0015230 GRAFFITI SVCS-MAY 20 0.00 3,025.0010100 132893 06/29/20 HOYTROOF HOYT ROOFS INC 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132893 06/29/20 HOYTROOF HOYT ROOFS INC 001 REFUND-C/D DEPOSIT 0.00 250.00TOTAL CHECK 0.00 500.0010100 132894 06/29/20 INLAEMPI INLAND EMPIRE MAGAZINE 0015333 ADS-JUNE/JULY 0.00 245.0010100 132895 06/29/20 INSIGHTP INSIGHT PUBLIC SECTOR 0014070 LOGITECH WEB CAMERA 0.00 220.1010100 132896 06/29/20 ITERIS ITERIS INC 0015551 ON-CALL TRFFC ENG SVC 0.00 5,685.0010100 132897 06/29/20 LEEGRACE JI LEE 001 RECREATION REFUND 0.00 101.0010100 132898 06/29/20 JINJIHYU JIHYUN JIN 001 RECREATION REFUND 0.00 201.2510100 132899 06/29/20 LANCESOL LANCE, SOLL & LUNGHARD L 0014050 AUDIT SVCS-INTERIM 0.00 8,325.0010100 132900 06/29/20 LOPEZPAT PATRICE LOPEZ 001 RECREATION REFUND 0.00 623.0010100 132901 06/29/20 LATIMES LOS ANGELES TIMES 0014030 SUBSCRIPTION SVCS 0.00 29.7210100 132902 06/29/20 MCCORMAC MCCORMACK ROOFING 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132903 06/29/20 MCELREAC CHRISSY MCELREA 001 RECREATION REFUND 0.00 13.7510100 132904 06/29/20 MBCLLC MICHAEL BALLIET CONSULTI 1155515 CONSULTING SVCS-MAY 0.00 2,152.5010100 132905 06/29/20 NETWPARA NETWORK PARATRANSIT SYST 1125553 DIAMOND RIDE SVCS-MAY 0.00 7,653.1010100 132906 06/29/20 NIKRASHK ASHKAAN NIKRAVAN 001 RECREATION REFUND 0.00 30.0010100 132907 06/29/20 NORMINGT SUSAN NORMINGTON 001 RECREATION REFUND 0.00 40.0010100 132908 06/29/20 OCHOAJES JESUS IVAN OCHOA 001 FACILITY REFUND 0.00 2,995.0010100 132909 06/29/20 PAPERREC PAPER RECYCLING & SHREDD 1155515 ON-SITE SHREDDING 0.00 95.0010100 132909 06/29/20 PAPERREC PAPER RECYCLING & SHREDD 1155515 SHREDDING SVCS-C/HALL 0.00 65.0010100 132909 06/29/20 PAPERREC PAPER RECYCLING & SHREDD 1155515 ON-SITE SHREDDING 0.00 170.00TOTAL CHECK 0.00 330.0010100 132910 06/29/20 PRO1PRIN PRO1PRINT LLC 0254095 PRINT SVCS-COVID-19 0.00 198.4510100 132911 06/29/20 PTMGENER PTM GENERAL ENGINEERING 2505510 BUS STOP ENHANCEMENT 0.00 6,100.0010100 132912 06/29/20 QUANTERR TERRI-LYNN QUAN 001 RECREATION REFUND 0.00 875.003.3.bPacket Pg. 58
SUNGARD PENTAMATION INC PAGE NUMBER: 13DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132913 06/29/20 RAMLUCIA LUCIA RAMIREZ 001 FACILITY REFUND 0.00 2,605.0010100 132914 06/29/20 RAYCOMDA RAYCOM DATA TECHNOLOGIES 0014030 SCANNING SVCS-FY19/20 0.00 15,952.5510100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 0015551 ENG SVCS-CURB RAMPS 0.00 210.0010100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 2505510 ENG SVCS-DBB MAR 20 0.00 1,082.5010100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 2505510 ENG SVCS-DBB MAR 20 0.00 3,198.7510100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 2505510 ENG SVCS-AREA 2 APR 0.00 6,617.5010100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 2505510 ENG SVCS-AREA 1 MAR 0.00 10,906.2510100 132915 06/29/20 RKACONSU RKA CONSULTING GROUP 2505510 ENG SVCS-AREA 1 APR 0.00 12,741.25TOTAL CHECK 0.00 34,756.2510100 132916 06/29/20 SANSEREN SERENA SAN 001 RECREATOIN REFUND 0.00 142.5010100 132917 06/29/20 SCFUELS SC FUELS 5204030 FUEL SVCS-CMGR 0.00 27.7910100 132917 06/29/20 SCFUELS SC FUELS 5205556 FUEL SVCS-PKS/FCLTY 0.00 275.5410100 132917 06/29/20 SCFUELS SC FUELS 5205554 FUEL SVCS-RD MAINT 0.00 613.14TOTAL CHECK 0.00 916.4710100 132918 06/29/20 SCMAF SCMAF 0015350 CONTRACT CLASS-WINTER 0.00 433.2010100 132919 06/29/20 SHEPPARD SHEPPARD, MULLIN, RICHTE 0014020 PROF.SVCS-T/HERMANOS 0.00 2,343.8110100 132920 06/29/20 SIERRAJA JASMINE SIERRA 001 FACILITY REFUND 0.00 2,350.0010100 132921 06/29/20 SIMPSONA SIMPSON ADVERTISING INC 0254095 POSTCARDS-COVID-19 0.00 2,695.0010100 132921 06/29/20 SIMPSONA SIMPSON ADVERTISING INC 0014095 GRAPHIC DESIGN SVCS 0.00 2,275.00TOTAL CHECK 0.00 4,970.0010100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0014093 ELECT SVCS-C/HALL 0.00 10,649.8610100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 156.1710100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 11.8310100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 12.2610100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 12.8410100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015556 ELECT SVCS-T/CONTROL 0.00 17.5010100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS-DIST 41 0.00 23.6310100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 38.2410100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 364.5210100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 417.0210100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 477.1010100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 121.6710100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTROL 0.00 272.5010100 132922 06/29/20 SCE SOUTHERN CALIFORNIA EDIS 0015554 ELECT SVCS-T/CONTORL 0.00 57.43TOTAL CHECK 0.00 12,632.5710100 132923 06/29/20 STEPMARY MARY STEPHENS 001 FACILITY REFUND 0.00 520.9510100 132924 06/29/20 TASC TASC 0014060 FLEX ADMIN SVCS-MAY 0.00 121.6810100 132925 06/29/20 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS-GIS 0.00 873.733.3.bPacket Pg. 59
SUNGARD PENTAMATION INC PAGE NUMBER: 14DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132926 06/29/20 SCGAS THE GAS COMPANY 0015556 GAS SVCS-HERITAGE 0.00 19.2910100 132926 06/29/20 SCGAS THE GAS COMPANY 0015333 ELECT SVCS-DBC 0.00 224.4610100 132926 06/29/20 SCGAS THE GAS COMPANY 0014093 GAS SVCS-CITY HALL 0.00 281.64TOTAL CHECK 0.00 525.3910100 132927 06/29/20 THESAUCE THE SAUCE CREATIVE SERVI 0014095 PRINT SVCS-VIRTUAL 0.00 2,095.7610100 132927 06/29/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS-DAY CAMP 0.00 85.0010100 132927 06/29/20 THESAUCE THE SAUCE CREATIVE SERVI 0015350 PRINT SVCS-ESPORTS 0.00 275.00TOTAL CHECK 0.00 2,455.7610100 132928 06/29/20 TRUJANOR TRUJANO ROOFING 001 REFUND-C/D DEPOSIT 0.00 250.0010100 132929 06/29/20 TUCKERTI TUCKER TIRE COMPANY INC 5205556 VEH MAINT SVCS-P/W 0.00 100.0010100 132929 06/29/20 TUCKERTI TUCKER TIRE COMPANY INC 5205556 VEH MAINT SVCS-P/W 0.00 837.58TOTAL CHECK 0.00 937.5810100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 2,800.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 5,600.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 6,000.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 6,300.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 9,800.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 15,400.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 16,100.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-EPR 0.00 16,800.0010100 132930 06/29/20 TYLERTEC TYLER TECHNOLOGIES INC 5304070 IMPLEMENTATION-ERP 0.00 18,200.00TOTAL CHECK 0.00 97,000.0010100 132931 06/29/20 VERIZONW VERIZON WIRELESS 0014070 CELL CHRGS-PW,CS,CD 0.00 1,737.5110100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS-DIST 41 0.00 10,070.8010100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 13,649.1510100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS-DIST 39 0.00 14,042.8310100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 0015556 WATER SVCS-PARKS 0.00 30,979.7110100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 0015333 WATER SVCS-DBC 0.00 270.7710100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 0014093 WATER SVCS-CITY HALL 0.00 858.5710100 132932 06/29/20 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS-DIST 38 0.00 1,412.05TOTAL CHECK 0.00 71,283.8810100 132933 06/29/20 WAXIESAN WAXIE SANITARY SUPPLY 0254093 SUPPLIES-COVID-19 0.00 67.3510100 132934 06/29/20 WILLSTEV STEVE WILLIAMS 1255215 RETENTIONS PAYABLE 0.00 1,218.7510100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-PL 19-162 0.00 207.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-PL 18-100 0.00 207.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 001 LEGAL SVCS-PL 18-233 0.00 46.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM DEV 0.00 69.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-FINANCE 0.00 92.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-I.T. 0.00 92.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-GENERAL 0.00 92.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COMM SVCS 0.00 115.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-CMGR 0.00 1,741.7010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-COUNCIL 0.00 1,771.003.3.bPacket Pg. 60
SUNGARD PENTAMATION INC PAGE NUMBER: 15DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0254020 LEGAL SVCS-COVID-19 0.00 3,289.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-H/R 0.00 368.0010100 132935 06/29/20 WOODRUFF WOODRUFF SPRADLIN & SMAR 0014020 LEGAL SVCS-P/WORKS 0.00 529.00TOTAL CHECK 0.00 8,618.7010100 132936 06/29/20 YENTAPRO PROMLAP YENTA 001 REFUND-RECYCLING DEP 0.00 5,000.0010100 PP12/20A 06/12/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 4,654.7310100 PP12/20A 06/12/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,357.4310100 PP12/20A 06/12/20 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 53.94TOTAL CHECK 0.00 34,066.1010100 PP12/20B 06/12/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/12/20-P/R DEDUCTIONS 0.00 46,114.6110100 PP12/20B 06/12/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/12/20-LOAN DEDUCTION 0.00 3,921.4310100 PP12/20B 06/12/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/12/20-PTS CONTRIBUTI 0.00 433.03TOTAL CHECK 0.00 50,469.0710100 PP12/20C 06/12/20 TASC TASC 001 6/12/20-P/R DEDUCTIONS 0.00 1,641.7510100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-12/PP 20 0.00 167,365.3410100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-12/PP 20 0.00 4,646.2110100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 113 P/R TRANSFER-12/PP 20 0.00 3,402.9010100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-12/PP 20 0.00 10,270.9610100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 025 P/R TRANSFER-12/PP 20 0.00 11,887.6310100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-12/PP 20 0.00 1,632.3810100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-12/PP 20 0.00 956.8910100 PP12/20D 06/12/20 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-12/PP 20 0.00 956.89TOTAL CHECK 0.00 201,119.2010100 PP13/20A 06/26/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-PEPRA 0.00 4,729.5610100 PP13/20A 06/26/20 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-CLASSIC 0.00 29,819.6410100 PP13/20A 06/26/20 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 53.94TOTAL CHECK 0.00 34,603.1410100 PP13/20B 06/26/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/26/20-P/R DEDUCTIONS 0.00 7,314.4810100 PP13/20B 06/26/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/26/20-LOAN DEDUCTION 0.00 3,921.4310100 PP13/20B 06/26/20 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 6/26/20-PTS CONTRIBUTI 0.00 468.64TOTAL CHECK 0.00 11,704.5510100 PP13/20C 06/26/20 TASC TASC 001 6/26/20-P/R DEDUCTIONS 0.00 1,641.7510100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 113 PAYROLL TRANSFER 13/PP 0.00 2,148.7210100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 115 PAYROLL TRANSFER 13/PP 0.00 9,065.3410100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 138 PAYROLL TRANSFER 13/PP 0.00 1,245.4410100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 139 PAYROLL TRANSFER 13/PP 0.00 724.7210100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 141 PAYROLL TRANSFER 13/PP 0.00 724.7210100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 001 PAYROLL TRANSFER 13/PP 0.00 182,264.3610100 PP13/20D 06/26/20 PAYROLL PAYROLL TRANSFER 112 PAYROLL TRANSFER 13/PP 0.00 3,627.57TOTAL CHECK 0.00 199,800.8710100 PP13/20E 06/26/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-PEPRA 0.00 307.4110100 PP13/20E 06/26/20 PERSRET1 PERS RETIREMENT 001 RETIRE CONTRIB-EE 0.00 248.863.3.bPacket Pg. 61
SUNGARD PENTAMATION INC PAGE NUMBER: 16DATE: 06/29/2020 CITY OF DIAMOND BAR ACCTPA21TIME: 12:17:08 CHECK REGISTER - DISBURSEMENT FUNDSELECTION CRITERIA: transact.ck_date between ’20200604 00:00:00.000’ and ’20200629 00:00:00.000’ACCOUNTING PERIOD: 12/20 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT10100 PP13/20E 06/26/20 PERSRET1 PERS RETIREMENT 001 SURVIVOR BENEFIT 0.00 10.00TOTAL CHECK 0.00 566.27TOTAL CASH ACCOUNT 0.00 1,718,778.78TOTAL FUND 0.00 1,718,778.78TOTAL REPORT 0.00 1,718,778.783.3.bPacket Pg. 62
Agenda #: 3.4
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TREASURER'S STATEMENT
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve the May 2020 Treasurer’s Statement.
FINANCIAL IMPACT:
None.
BACKGROUND/DISCUSSION:
Consistent with City policy, the Finance Department presents the monthly Treasurer’s
Statement to the City Council for review and approval. This statement shows the cash
balances with a breakdown of various investment accounts and the yield to maturity
from investments. This statement also includes an investment portfolio management
report which details the activities of investments. All investments have been made in
accordance with the City’s Investment Policy.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.4.a May 2020 Treasurer's Statement
2. 3.4.b May 2020 Investment Portfolio
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3.4.a
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3.4.a
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3.4.b
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3.4.b
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Agenda #: 3.5
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: FOURTH AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH DIANA CHO AND ASSOCIATES TO PROVIDE
COMMUNITY DEVELOPMENT BLOCK GRANT LABOR AND
CONTRACT COMPLIANCE SERVICES THROUGH JUNE 30, 2021.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Fourth Amendment to Consulting
Services Agreement with Diana Cho and Associates granting the fourth of four optional
one-year extensions to June 30, 2021.
FINANCIAL IMPACT:
The total not-to-exceed amount of the Agreement for FY 2019-2020 would be $4,690.
Sufficient funds are included in the FY 20 20/21 Community Development Block Grant
(CDBG) Budget to cover such services, which are ultimately reimbursed to the City by
the Federal Government.
BACKGROUND/DISCUSSION:
The City receives annual CDBG funds disbursed through the Los Angeles County
Development Authority (LACDA). The funds are used for a variety of capital and
service-based programs, such as park and sidewalk ADA improvements, senior
programs, and the Business Recovery Program. As a contract City, Diamond Bar has
utilized professional consultants to provide labor and contract compliance se rvices to
oversee use of CDBG funds and ensure compliance with federal and LACDA rules and
regulations.
On July 1, 2016, the City entered into a Consultant Services Agreement with Diana Cho
and Associates (DCA) to administer the FY 2016-2017 CDBG program. The original
Agreement included four one-year extension options.
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The total not-to-exceed compensation set forth in the original agreement and three prior
amendments total $98,568. Approval of this proposed Fourth Amendment will provide
for additional resources of $4,690 to cover projected administrative fees for FY 2020/21
for a cumulative total not-to-exceed amount of $103,258. Annual amounts in previous
years ranged from $20,000 to $35,000; the substantial reduction in contract expenses
for the new fiscal year is due to the majority of CDBG funding being allocated to the
Business Recovery Program, which will be administered in-house with minimal
consultant assistance.
DCA Principal Diana Cho has served the City in a skillful, professional and cost -
effective manner. Her expertise in the complexities of CDBG administration has
ensured that the City remains in good standing with the LACDA. The proposed not-to-
exceed amount of $4,690 is reasonable to administer and manage the $46,904 CDBG
Program for FY 2020-2021.1
LEGAL REVIEW:
The City Attorney has reviewed and approved the attached Fourth Amendment to the
Consulting Services Agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.5.a Diana Cho Consultant Services Agreement Fourth Amendment 2020/21
1 This amount does not include the $100,716 in CDBG funds allocated to the Home Improvement Plan,
which is managed by a separate consulting services agreement with SJC3.
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FOURTH AMENDMENT
TO
CONSULTANT SERVICES AGREEMENT
This Fourth Fourth
made and entered into as of July 1, 2020, by and between the City of Diamond Bar, a
municipal Diana Cho and Associates, a sole proprietorship (herein
with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of July 1, 2016, which is incorporated herein by this reference
B. The City and the Consultant entered into that certain First Amendment dated
as of July 1, 2017, which is incorporated herein by this First Amendment ; and
C. The City and the Consultant entered into that certain Second Amendment
D. The City and the Consultant entered into that certain Third Amendment dated as
E. The City and the Consultant desire to amend the Original Agreement as
provided herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
2. Reserved.
3. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from July 1, 2016 to June 30, 2017. The First Amendment extended the Term of the Original
Agreement to June 30, 2018. The Second Amendment extended the term of the Original
Agreement to June 30, 2019. The Third Amendment extended the term of the Original
Agreement to June 30, 2020. This Fourth Amendment extends the Term up to and including
June 30, 2021.
4 Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement was the sum of TWENTY THOUSAND TWO HUNDRED EIGHTY-
FOUR Dollars ($20,284). The First Amendment amended Section 3 of the Original
Agreement to provide for an increase of THIRTY-FIVE THOUSAND ONE HUNDRED Dollars
($35,100), so that the not-to-exceed compensation, as amended by the First Amendment,
was increased to FIFTY-FIVE THOUSAND THREE HUNDRED EIGHTY-FOUR Dollars
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($55,384). The Second Amendment amended Section 3 of the Original Agreement to
provide for an increase of TWENTY-FOUR THOUSAND Dollars ($24,000), so that the not-
to-exceed compensation, as amended by the Second Amendment, was increased to
SEVENTY-NINE THOUSAND THREE HUNDRED EIGHTY-FOUR Dollars ($79,384). The
Third Amendment amended Section 3 of the Original Agreement to provide for an increase
of NINETEEN THOUSAND ONE HUNDRED EIGHTY-FOUR Dollars ($19,184), so that the
not-to-exceed compensation, as amended by the Third Amendment, was increased to
NINETY-EIGHT THOUSAND FIVE HUNDRED SIXTY-EIGHT Dollars ($98,568). Section 3
of the Original Agreement is hereby amended to provide for an increase of FOUR
THOUSAND SIX HUNDRED NINETY Dollars ($4,690), so that the total not-to-exceed
compensation, as amended by this Fourth Amendment shall not exceed ONE HUNDRED
THREE THOUSAND TWO HUNDRED FIFTY-EIGHT Dollars ($103,258) without the prior
authorization of the City.
5. Integration. This Fourth Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all prior
negotiations between the parties with respect hereto. This Fourth Amendment amends, as
set forth herein, the Agreement and except as specifically amended hereby, the Agreement
shall remain in full force and effect. To the extent that there is any conflict or inconsistency
between the terms and provisions of this Fourth Amendment and the terms and provisions
of the Agreement, the terms and provisions of this Fourth Amendment shall control.
IN WITNESS hereof, the parties enter into this Fourth Amendment on the year and
day first above written.
DIANA CHO AND ASSOCIATES CITY OF DIAMOND BAR
By: By:
Diana Cho, Principal Steve Tye, Mayor
ATTEST:
Kristina Santana, City Clerk
APPROVED AS TO FORM:
David A. DeBerry, City Attorney
Diana Cho
Digitally signed by Diana Cho
DN: cn=Diana Cho, o=Diana Cho
and Associates, ou,
email=dcho.consultants@gmail.co
m, c=US
Date: 2020.06.26 17:25:53 -07'00'
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Agenda #: 3.6
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: MAINTENANCE SERVICES AGREEMENT WITH WOODS
MAINTENANCE SERVICES, INC. (DBA GRAFFITI CONTROL
SYSTEMS) TO PROVIDE GRAFFITI ABATEMENT SERVICES
THROUGH JUNE 30, 2023.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Maintenance Services Agreement with
Woods Maintenance Services, Inc., to provide graffiti abatement services through June
30, 2023.
FINANCIAL IMPACT:
The total not-to-exceed amount set forth in the Maintenance Services Agreement is
$107,100 ($35,700 annually). Sufficient funds are included in the FY 2020/21 budget
for graffiti removal services. For subsequent fiscal years, the annual amount will be
based on the approved budget.
BACKGROUND:
On April 6, 1993, the City Council adopted Ordinance 02(1993) adding Chapter 8.20 to
the Diamond Bar Municipal Code authorizing the use of public funds to combat graffiti.
On June 2, 2015, the City entered into a Maintenance Services Agreement with Woods
Maintenance Services (“WMS”) to provide graffiti abatement services for FY 2015/16.
The original Agreement included four one -year extension options. The City has thus far
exercised all of its options, and the current option expires on June 30, 2020.
This matter was originally scheduled for City Council consideration on June 16, 2020.
However, prior to that date, staff became aware of an opinion issued by the California
Department of Industrial Relations (DIR), where the DIR concluded that graffiti work was
subject to prevailing wages. After the Council continued the matter, staff requested that
the proposed vendors submit revised cost proposals that incorporated prevailing wages
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for consideration at the July 7, 2020 meeting.
DISCUSSION:
On April 10, 2020, the City published a detailed Request for Proposals (RFP) through
PlanetBids, inviting qualified firms to submit proposals to provide graffiti removal
services. Twenty-two vendors viewed the RFP and three submitted proposals: WMS,
Urban Graffiti Enterprises and Superior Property Services. After staff requested revised
proposals that incorporated prevailing wages, only WMS and Urban Graffiti Enterprises
responded.
After a thorough review of the proposals, staff recommends that the City enter into a
renewed Consulting Services Agreement with WMS. The factors on which this
recommendation is based are summarized below.
WMS has provided exemplary service to Diamond Bar for the past 27 years. The
service personnel are highly responsive, and the work performed by the company’s field
technicians is thorough and well executed. Because of their familiarity with the City,
there would be no learning curve period, and the technicians know where the C ity’s “hot
spots” are, and they often proactively remove all traces of a tagging incident before it is
seen by our residents. Moreover, WMS has been consistently responsive to emergency
requests received on non-service days, and does so at no extra cost.
The two participating vendors submitted competitive bids. WMS’s proposal is $2,975
per month ($35,700 per year). Urban Graffiti Enterprises' proposal is $2,925 per month
($35,100 per year) for fixed service days per month, and also provided labor and
materials options for the City to consider. A comparison of the two vendors’ cost
proposals is summarized below:
WMS
• One (1) full service day per week, plus 12 “free” service days per year
• $2,975 per month ($35,700 per year)
Urban Graffiti Enterprises
• Option 1
o One (1) full service day per week
o $2,925 per month ($35,100 per year)
• Option 2
o Three (3) partial service days per week
o $2,925 per month ($35,100 per year)
• Option 3
o Call-out, labor & materials included
o $150 per call-out + $22.25 per 15 minutes after first 30 minutes of service
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• Option 4
o Call-out, materials extra
o $135 per call-out + $18.75 per 15 minutes, materials billed separately
Given the narrow range of price differences, it is recommended that the City continue its
professional association with WMS, which has demonstrated over the years that it can
deliver services that align with Diamond Bar’s expectations.
WMS’s proposal emphasized extensive and continuing training of its service
technicians. Moreover, in its proposal, WMS discussed in detail the firm’s ongoing
testing of new products and technologies that come to market, ensuring that it is using
the most sophisticated and environmentally-friendly products and technologies available
to combat graffiti.
Many graffiti abatement service providers, including WMS, participate in the Tracking
Automated and Graffiti Reporting System (TAGRS). Participants log tagging incidents,
including GPS coordinates, into TAGRS to assist law enforcement agencies in their
efforts to apprehend and prosecute graffiti vandals.
In addition to the above information technology tools at its disposal, WMS offers its own
web-based and smartphone application, “Write On, Right Off,” which can enable anyone
to report tagging incidents with their mobile devices. This a pp could also be integrated
into the City’s website and be customized to suit the needs of the City.
It is recommended that the City Council approve a three (3) year agreement with WMS
to provide graffiti abatement services based on the company’s experien ce, work history
and performance. At the end of the initial three -year term, the City Council will have the
ability to approve up to two one -year extensions upon successful demonstration of
exemplary contract performance.
LEGAL REVIEW:
The City Attorney has approved the attached Maintenance Services Agreement as to
form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.6.a WMS Maintenance Services Contract 2020-2023
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MAINTENANCE SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of July 1, 2020 by and between the
City of Diamond Bar, a municipal corporation ("City") and Woods Maintenance Services, dba
Graffiti Control Systems, a California Corporation ("Contractor").
1. Contractor's Services.
Subject to the terms and conditions set forth in this Agreement Contractor shall provide
to the reasonable satisfaction of the City the graffiti removal services set forth in the attached
Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City
to enter into this Agreement, Contractor represents and warrants that it has thoroughly
investigated the work and fully understands the difficulties and restrictions in performing the
work. Contractor represents that it is fully qualified to perform such consulting services by virtue
of its experience and the training, education and expertise of its principals and employees.
Greg Gubman, Community Development Director (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Contractor will report for the performance of services
hereunder. It is understood that Contractor shall coordinate its services hereunder with the City’s
Project Manager to the extent required by the City’s Project Manager, and that all performances
required hereunder by Contractor shall be performed to the satisfaction of the City’s Project
Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect July 1, 2020, and shall
continue until June 30, 2023 (“Term"), unless earlier terminated pursuant to the provisions
herein.
The City shall have the option to extend this Agreement for two (2) additional one (1) year
terms, subject to the same terms and conditions contained herein, by giving Consultant written
notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial
Term. In the event the City exercises its option to extend the Term, Consultant's compensation
shall be subject to an adjustment upon the effective date of extension as follows:
Any increase in compensation will be negotiated between the City and the Consultant,
but in no event shall the increase exceed the amount that the Consumer Price Index
("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") as reported by the
Bureau of Labor Statistics of the United States Department of Labor, has increased over
the CPI for the month one year prior to the Index Month. Any exercise of an option to
extend the Term and/or increase in compensation, negotiated or based upon CPI, shall
be subject to approval of the City Council.
3. Compensation. City agrees to compensate Contractor for each service which
Contractor performs to the satisfaction of City in compliance with the scope of services set forth
in Exhibit "A". Payment will be made only after submission of proper invoices in the form
specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed ONE
HUNDRED SEVEN ONE HUNDRED Dollars ($107,100) without the prior written consent of the
City. The above not to exceed amount shall include all costs, including, but not limited to, all
clerical, administrative, overhead, telephone, travel and all related expenses.
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4. Payment.
A. As scheduled services are completed, Contractor shall submit to City an invoice
for the services completed, authorized expenses and authorized extra work actually performed
or incurred.
B. All such invoices shall state the basis for the amount invoiced, including services
completed, the number of hours spent and any extra work performed.
C. City will pay Contractor the amount invoiced the City will pay Contractor the
amount properly invoiced within 35 days of receipt.
D. Payment shall constitute payment in full for all services, authorized costs and
authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefore have been previously authorized in writing and approved by the City
Manager or his designee as an amendment to this Agreement. The amendment shall set forth
the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to
Contractor.
6. Priority of Documents. In the event of any inconsistency between the provisions
of this Agreement and any attached exhibits, the provisions of this Agreement shall control.
7. Status as Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent
contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of
City or otherwise act on behalf of City as an agent, except as specifically provided herein.
Neither City nor any of its agents shall have control over the conduct of Contractor or any of
Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time,
or in any manner, represent that it or any of its agents or employees are in any manner
employees of City.
B. Contractor agrees to pay all required taxes on amounts paid to Contractor under
this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments,
penalties, and interest asserted against City by reason of the independent contractor relationship
created by this Agreement. In the event that City is audited by any Federal or State agency or
the Public Employee Retirement System regarding the independent contractor status of
Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Contractor or its employees, then Contractor agrees to reimburse
City for all costs, including accounting and attorney's fees, arising out of such audit and any
appeals relating thereto.
C. Contractor shall fully comply with Workers' Compensation laws regarding
Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City
harmless from any failure of Contractor to comply with applicable Worker's Compensation laws.
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D. Contractor shall, at Contractor’s sole cost and expense fully secure and comply
with all federal, state and local governmental permit or licensing requirements, including but not
limited to the City of Diamond Bar, South Coast Air Quality Management District, and California
Air Resources Board.
E. In addition to any other remedies it may have, City shall have the right to offset
against the amount of any fees due to Contractor under this Agreement any amount due to City
from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or
indemnification required by this Agreement or for any amount or penalty levied against the City
for Contractor’s failure to comply with this Section.
8. Standard of Performance. Contractor shall perform all work at the standard of
care and skill ordinarily exercised by members of the profession under similar conditions and
represents that it and any subcontractors it may engage, possess any and all licenses which are
required to perform the work contemplated by this Agreement and shall maintain all appropriate
licenses during the performance of the work.
9. Indemnification.
Contractor shall indemnify, defend with counsel approved by City, and hold harmless City,
its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss,
damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Contractor’s employees or Contractor’s contractor’s
employees arising out of Contractor’s work under this Agreement; and
(2) Any and all claims arising out of Contractor's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement, regardless
of City’s passive negligence, but excepting such loss or damage which is caused by the
sole active negligence or willful misconduct of the City. Should City in its sole discretion
find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its
costs of defense, including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation. The Contractor shall promptly pay any final judgment
rendered against the Indemnitees. It is expressly understood and agreed that the
foregoing provisions are intended to be as broad and inclusive as is permitted by the law
of the State of California and will survive termination of this Agreement. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third party
indemnification rights of any kind.
10. Insurance.
A. Contractor shall at all times during the term of this Agreement carry, maintain, and
keep in full force and effect, with an insurance company authorized to do business in the State
of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability insurance
written on an occurrence basis with minimum limits of $2,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or
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negligent acts by Contractor, its officers, employees, agents, and independent contractors
in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering all
owned, non-owned and hired automobiles, with minimum combined single limits coverage
of $2,000,000.00; and
(4) Worker's Compensation insurance when required by law, with a minimum limit
of $500,000.00 or the amount required by law, whichever is greater.
B. The City, its officers, employees, agents, and volunteers shall be named as
additional insureds on the policies as to comprehensive general liability, property damage, and
automotive liability. The policies as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the
City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance carrier without the insurance carrier giving City at least
ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or
otherwise modify the insurance coverage and in the event of any of the same by the insurer to
immediately notify the City.
D. All policies of insurance shall cover the obligations of Contractor pursuant to the
terms of this Agreement and shall be issued by an insurance company which is authorized to do
business in the State of California or which is approved in writing by the City; and shall be placed
have a current A.M. Best's rating of no less than A-, VII.
E. Contractor shall submit to City (1) insurance certificates indicating compliance with
the minimum insurance requirements above, and (2) insurance policy endorsements or a copy
of the insurance policy evidencing the additional insured requirements in this Agreement, in a
form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall
allow City, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of
the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR
or deductible requirements. The amount of the SIR or deductible shall be subject to the approval
of the City. Contractor understands and agrees that satisfaction of this requirement is an express
condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary
insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City
pay the SIR or deductible on Contractor’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such amounts as
damages in any action against Contractor for breach of this Agreement in addition to any other
damages incurred by City due to the breach.
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G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution
it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required
under this Agreement in full force and effect, City may take out the necessary insurance and any
premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts
may be deducted from any payments due Contractor.
I. Contractor shall include all subcontractors, if any, as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor to the City for review
and approval. All insurance for subcontractors shall be subject to all of the requirements stated
herein.
11. Confidentiality. Contractor in the course of its duties may have access to
confidential data of City, private individuals, or employees of the City. Contractor covenants that
all data, documents, discussion, or other information developed or received by Contractor or
provided for performance of this Agreement are deemed confidential and shall not be disclosed
by Contractor without written authorization by City. City shall grant such authorization if
disclosure is required by law. All City data shall be returned to City upon the termination of this
Agreement. Contractor's covenant under this section shall survive the termination of this
Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a
proprietary nature specifically for and in connection with certain projects, the City shall not,
except with Contractor's prior written consent, use the same for other unrelated projects.
12. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full
and complete books, documents, papers, accounting records, and other information
(collectively, the “records”) pertaining to the costs of and completion of services performed under
this Agreement. The City and any of their authorized representatives shall have access to and
the right to audit and reproduce any of Contractor's records regarding the services provided
under this Agreement. Contractor shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Contractor agrees to make available
all such records for inspection or audit at its offices during normal business hours and upon three
(3) days' notice from the City, and copies thereof shall be furnished if requested.
13. Conflict of Interest.
A. Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which may be affected by the services to be performed by Contractor
under this Agreement, or which would conflict in any manner with the performance of its services
hereunder. Contractor further covenants that, in performance of this Agreement, no person
having any such interest shall be employed by it. Furthermore, Contractor shall avoid the
appearance of having any interest which would conflict in any manner with the performance of
its services pursuant to this Agreement.
B. Contractor covenants not to give or receive any compensation, monetary or
otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the
performance of this Agreement. Contractor's covenant under this section shall survive the
termination of this Agreement.
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14. Termination. The City may terminate this Agreement with or without cause upon
fifteen (15) days' written notice to Contractor. The effective date of termination shall be upon
the date specified in the notice of termination, or, in the event no date is specified, upon the
fifteenth (15th) day following mailing of the notice. In the event of such termination, City agrees
to pay Contractor for services satisfactorily rendered prior to the effective date of termination.
Immediately upon receiving written notice of termination, Contractor shall discontinue performing
services, unless the notice provides otherwise, except those services reasonably necessary to
effectuate the termination. The City shall be not liable for any claim of lost profits.
15. Personnel. Contractor represents that it has, or will secure at its own expense,
all personnel required to perform the services under this Agreement. All of the services required
under this Agreement will be performed by Contractor or under it supervision, and all personnel
engaged in the work shall be qualified to perform such services. Contractor reserves the right
to determine the assignment of its own employees to the performance of Contractor's services
under this Agreement, but City reserves the right, for good cause, to require Contractor to
exclude any employee from performing services on City's premises.
16. Prevailing Wage. Notice is hereby given that in accordance with the provisions
of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is
required to pay not less than the general prevailing rate of per diem wages for work of a similar
character in the locality in which the public works is performed, and not less than the general
prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of
the Department of Industrial Relations of the State of California is required to and has determined
such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem
wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive,
Diamond Bar, California, and are available to any interested party on request. City also shall
cause a copy of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if
such laborer, workman or mechanic is paid less than the general prevailing rate of wages
hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor
under him.
The CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the
award of a contract for a public work on any public works project awarded after April 1, 2015.
This Agreement is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
17. Non-Discrimination and Equal Employment Opportunity.
A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, in the performance of its services and duties pursuant to this Agreement, and will
comply with all rules and regulations of City relating thereto. Such nondiscrimination shall
include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
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B. Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of Contractor state either that it is an equal opportunity employer or that all qualified
applicants will receive consideration for employment without regard to race, color, creed,
religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation.
C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial
supplies or raw materials.
18. Time Is of the Essence. Time is of the essence in this Agreement. Contractor
shall do all things necessary and incidental to the prosecution of Contractor's work.
19 Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control shall be an extension of time. No matter what the cause of the delay, Contractor must
document any delay and request an extension of time in writing at the time of the delay to the
satisfaction of City. Any extensions granted shall be limited to the length of the delay outside
Contractor’s control. If Contractor believes that delays caused by the City will cause it to incur
additional costs, it must specify, in writing, why the delay has caused additional costs to be
incurred and the exact amount of such cost within 10 days of the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount absent a written amendment
to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due
to any delay, whether caused by the City or due to some other cause.
20. Assignment. Contractor shall not assign or transfer any interest in this Agreement
nor the performance of any of Contractor's obligations hereunder, without the prior written
consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties,
or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws. Contractor shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one
or more of the conditions of performance under this Agreement shall not be a waiver of any other
condition of performance under this Agreement. In no event shall the making by City of any
payment to Contractor constitute or be construed as a waiver by City of any breach of covenant,
or any default which may then exist on the part of Contractor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with
regard to such breach or default.
23. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by the parties,
may be referred by the parties hereto for mediation. A third party, neutral mediation service shall
be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne
equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any
such dispute or controversy so submitted to mediation. It is specifically understood and agreed
by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy
as provided herein, shall be a condition precedent to the institution of any action or proceeding,
whether at law or in equity with respect to any such dispute or controversy.
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3. Scope of Work
The two most important aspects when performing on any contract, no matter the type, no matter
for whom, and no matter for what services, are the same: Know the Scope & Communicate. WMS
knows that so long as these two items are attended to, the project wil l run successfully.
Know the Scope
As the current contractor providing graffiti removal services for the City of Diamond Bar, Woods
Maintenance Services field staff and management team is intimately familiar with nuances of the
City. We understand which walls require contacting homeowners to allow entrance into their
yards to provide abatement services on walls that face the freeways, and we know how to access
trails in the parks in order to remove graffiti along these paths. Finally, Woods is adept at seeking
out hot spots and highly targeted areas and removing tags quickly, preventing further
encouragement to the taggers. Despite our current schedule to remove graffiti on Mondays and
Fridays, multiple times during the course of the current contract we have sent crews to perform
services on other days, specifically when City Staff has requested that a particularly vulgar tag be
removed as soon as possible. Furthermore, when we have received multiple const ituent
calls/emails about the same tag, we have sent a crew member out to take care of it. We
understand that though we are an independent contractor, citizens consider us as “part of the
City” so we take pride in being responsive to their needs.
Suffice to say, during our more than 20 years working as Diamond Bar’s service contractor, we
have removed graffiti from just about every type of surface at every type of property, at every
time, weekday or weekend. Although the taggers may not access the areas they tag in a safe
manner, rest assured, WMS’ technicians have been comprehensively trained in all safety rules
and regulations, and if for any reason they feel unsafe while performing an abatement, they will
wait until it is absolutely safe to undertake the job. Safety is valued more than anything else, and
it is in these circumstances where a contractor who is skilled and experienced in graffiti
abatement can complete the work, quickly and safely, following all regulations to protect its
employees, and the citizens and staff of Diamond Bar.
By having a complete understanding of what our job is, time and energy are not wasted trying to
figure out what to do—we simply do the work for which we are contracted. WMS has been
performing graffiti abatement services for Diamond Bar for over 20 years and more than 35 years
overall. While we have contracted with Diamond Bar, and all other awarding bodies and private
entities, we have always rigorously adhered to the scope of work, no matter the changes that
have occurred. We have always done what we do best—abate the graffiti, all in accordance with
the requirements of the contract and in full com pliance with all City, County, and State
Regulations.
Communicate
When questions arise about any aspect of the work or the contract, being able to have open
conversations with Diamond Bar’s representatives allows for problems to be solved quickly,
resulting in more efficient and effective operations. To these ends, WMS has shown over the
previous 20 years contracting with the City that our management team is available 24/7/365 to
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attend to the needs of the City, and we commit to continuing our availability on all future
contracting opportunities.
With Contract Representatives
By being in frequent communication with Diamond Bar’s contract representatives, either by
phone, email, or text, problems are avoided, graffiti is removed more quickly, and expectations
are managed more effectively. All of these actions help to foster a solid working relationship,
which is extremely critical, especially knowing what a hot-button topic graffiti is among the city’s
residents and business people, to say nothing of the importance to City Staff and Leadership. By
making it clear to the City’s representatives that Woods’ management knows the scope of work
inside and out, are confident in our technician’s ability to remove graffiti, and provide stellar
service, the City knows that when they have a question or need something done, we will give
them a solid plan and an honest answer.
Between Management and Supervisors
Communication is also critical between WMS’ management and our supervisors. Throughout the
course of the workday, management is in contact with our staff to make sure that everything is
running smoothly and to find out if additional resources or crew members are required for a
certain job. Typically, our supervisors will handle any field level decisions themselves and will
then communicate those decisions to the office. Our supervisors have been working fo r the
company for over 20 years on average and we know and trust that the decisions they make
regarding a job in the moment is the best decision for the company and the client. Should they
have any question about a request that was made of them, and they a re unsure about how to
proceed, they will contact Josh Woods or Jeff Woods to help provide guidance. Management and
supervisors will continue to engage in weekly meetings to discuss the progress of each week’s
work and determine if new protocols are required.
Through Reporting
Woods will continue to provide Diamond Bar with a detailed monthly invoice and should the City
require any additional reports or restitution reports, we can provide those in a timely manner.
Safety
Equally important as having the skills to actually find and abate the graffiti, is the ability to work
in a safety-sensitive environment. Working on public rights of way, streets, trails, uneven terrain,
and parks, requires safety conscious crews. As our crews have been reminded time and time
again, in our regularly scheduled meetings, daily tailgate meetings, and continuing education
classes, you always need to know where a safe refuge area is.
WMS has always practiced and subscribed to the applicable BMP’s for all municipal work we have
undertaken. Whether it is securing a working area with cones so passersby will not inadvertently
enter a work zone, or doing preventative maintenance on all our vehicles and equipment, we
know that when best management practices are followed rigorously, work is done in a safer and
more efficient and effective manner.
Great care will be taken in protecting surrounding areas. Sand, soda and any residue from
cleaning operations shall be cleaned up immediately by our technicians, restoring the surface
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and area to its original condition, and removing any potential liability problem or e xposure. In
some cases, water reclamation devices will be utilized so as to prevent any runoff or pollution of
the storm drains and water tables, in accordance with applicable regulations. In any project we
undertake, all care and caution shall be used while performing the services to maintain the
integrity of all surfaces, hardscapes, landscapes and rights of way.
All employees are provided with uniforms and all necessary and required safety gear (PPE),
including: safety vests, protective eyewear, gloves, N-95 respirator masks, ear plugs, and hard
hats (if necessary).
360˚ Approach
By employing our tried and true 360-degree approach, whereby the technician makes a complete
360 degree turn upon removing a graffiti tag, our technicians remain proactive and further
prevent additional work orders from the same location. Other contractors have a tendency to
just remove the specific tag that is reported in an incident report —WMS is not satisfied by
removing just the “reported” tags, we want the area to be completely free of graffiti, even if that
means spending the extra time to ensure that the job is done properly.
When technicians discover graffiti in an area that requires either an additional technician for
safety reasons, or the need to contact a resident, they will make a notation and, as soon as safe
and practicable, will call the supervisor to alert him to the situation. Because of our expertise and
experience in Diamond Bar, our supervisor will decide whether this is an issue that can be
handled safely that day, or if it requires further measures. If the graffiti can be abated safely that
day, we will send an additional technician to handle the graffiti. If the area is highly safety
sensitive it may be necessary to alert city staff and create a plan together. Safety is valued more
than anything else, and it is in these circumstances where a contra ctor who is skilled and
experienced is extremely valuable to the City of Diamond Bar.
Day 1
Should we be awarded this contract, there will be no downtime required to begin the work as we
are fully equipped as the current contractor to handle all of Diamond Bar’s graffiti abatement
needs. However, if, during the course of the contract period, the need ever arises for new or
additional vehicles or equipment, WMS certifies that it will make the necessary purchases or
enter in to long term leases to ensure a continuity of service. We currently have an open line of
credit with the Ford Motor Company, and have ample credit lines with all of our suppliers,
vendors, and Wells Fargo Bank. Additionally, as the COVID-19 pandemic has taught everyone,
because we run a responsible business and are well capitalized, disruptions to the ordinary
course of business do not have the deleterious effects on Woods that they have had on others in
the service industry.
Part and parcel to any graffiti abatement program is having the knowledge, experience, and
right equipment to tackle any problem. Having removed graffiti for public sector clients for over
35 years, we have more experience than anyone else in the business. Our technicians have
experience removing every type of graffiti from every type of surface, and when new products
come to the marketplace, WMS will test these products against what we are currently using to
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see if work can be done better, faster, and more effectively with these new products. To that
end, our crews use a combination of methods to abate graffiti, starting with the least damaging
process:
Methods & Techniques
Non-Porous Surfaces
These will include glass windows,
ceramic tile, roadway/railway signs,
traffic control boxes, light standards
Treated primarily with eco-
friendly chemical washes,
pressure washing and the
judicious use of soda
bicarbonate blasting.
Porous Surfaces
Included here will be natural masonry
substrates that have not already been
painted, like sound walls, concrete light
standards, sidewalks and curbs
Pressure wash with eco-
friendly chemicals, hot high
pressure waster blasting.
We do not use sand
blasting UNLESS it is
absolutely necessary
Previously Painted
Surfaces
Included: Sound Walls, Utility Boxes,
Bridges, Tunnels, K-Rails
These surfaces are painted
over from reveal to reveal
to avoid “block” painting.
Colors are matched to
avoid a patchwork look.
Because different locations and substrates require different techniques, all vehicles and
technicians are outfitted with multiple pressure washing hoses with quick connections,
including multiple nozzle tips for the pressure washing wands because removing graffiti from a
sound wall or a sidewalk requires a different tip than is used for removing graffiti from the bark
of tree. Smaller tip openings are more effective on hard substrates, while it is necessary to use
a wide tip nozzle on a tree, as to prevent damage to the bark.
Extension poles are supplied to reach high graffiti tags, and ladders and/or step stools, and
various scrubbers and rags. Further, windows or other glass features are squeegeed with water
or glass cleaner after removals are completed. In all removals, our technicians wil l use the
proper technique and product to create a surface that appears as if graffiti was never there.
Of course, having the right people, the right experience, and the right work plan are critical, but
the final piece of the puzzle is having the right equipment to execute the required tasks. To this
end, Woods Maintenance Services houses ample supplies of hand and power tools and
maintains a fleet of over 70 vehicles:
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• 16 dedicated landscape maintenance vehicles
• 8 dedicated trash collection vehicles
• 23 fully equipped graffiti removal vehicles
• 9 dedicated pressure washing vehicles
• 13 Dump trucks with auto-dumping capabilities
• 2 Tractors with Accessories-New Holland: 1 Model 5030, 1 Model 445D
• 47’ Bucket Truck
• 29’ Bucket Van
• 2 Traffic Control Vehicles
• Hydro Tek Custom Water Recover Systems (SC35005VG/ZVAC)
• 3 diesel cold water pressure washing units
• 1 Baldor Electric Powered pressure washing unit
• 32 Delco RK-45 Pressure washing units
• 33 Graco Model 3900 airless paint sprayers
• 16 chainsaws-various models
• 19 Husqvarna and Shindaiwa hedge trimmers
• 37 Husqvarna weed whackers
• 11 30” Toro TurfMaster Lawn Mowers
• 72 field cell phones
The safety and well-being of all Contractors’ employees and the citizens in general is our
primary concern. All work undertaken conforms to all rules, regulations, ordinances and
statutes of the City, County, State and Federal Government, as well as the Los Angeles County
Best Management Practices manual (BMP’s). When required, all proper traffic control methods
are utilized, as required on the public right-of-way, with flashing arrow boards, cones and
barricades. The concern is also for the public at large, as we will be working along areas where
there are not only pedestrians, but oftentimes vehicles and cyclists as well. Vehicles are all
equipped with a fire extinguisher, Safety Data Sheets, and first aid kits.
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(O) 800.794.7384 7250 COLDWATER CANYON AVE
(F) 818.764.2516 NORTH HOLLYWOOD, CA
WWW.GRAFFITICONTROL.COM 91605
June 19, 2020
Greg Gubman, AICP
Community Development Director
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Re: Woods Maintenance Services, Inc. dba Graffiti Control Systems Amended Proposal
Greg,
Woods proposes to supply 1 fully equipped graffiti removal crew to the City of Diamond Bar ONE DAY
per week for a full work day. In addition, we will provide the City with up to 12 additional “free days,”
per year, to be used at the City’s discretion for extra work, emergencies, or the like. These days are
provided to the City in recognition of the 27-year relationship that we have had with Diamond Bar.
This worker will have the capability to perform all manner of graffiti removals, including, but not limited
to: paint-out, chemical removal, pressure washing.
Having performed graffiti removal services for the City for Diamond Bar for 27 years, we are uniquely
qualified to attend to the needs of the City, its staff, and its constituents and we look forward to
continuing our stellar service for the term of this new contract.
The primary worker for this work will be paid prevailing wage rates for the work he does in Diamond
Bar, in accord with Department of Industrial Relations requirements, as will any substitute worker who
fills in for the primary worker during vacation, illness, or any other absence.
For the services enumerated above, Woods Maintenance Services, Inc. will bill the City of Diamond Bar a
fixed monthly fee of $2,975.00.
Should you have any questions, feel free to contact me at your earliest convenience.
Have a nice weekend.
Best,
Jeff Woods
3.6.a
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Agenda #: 3.7
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSIDERATION TO EXTEND A LOCAL EMERGENCY REGARDING
NOVEL CORONAVIRUS (COVID-19).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Adopt Resolution No. 2020-22 extending the Declared Local Emergency regarding
Novel Coronavirus (COVID-19).
FINANCIAL IMPACT:
Potentially significant. The continuation of the declared local emergency is necessary to
ensure access to reimbursement for related costs in response to COVID-19. The City
has submitted a Request for Public Assistance with California Office of Emergency
Services (CalOES) to seek reimbursement for all eligible COVID-19 related expenses.
BACKGROUND:
The rapid global spread of Novel Coronavirus (COVID-19) has resulted in
unprecedented actions by Federal, State, County and local agencies, as well as private
individuals and businesses, to help combat the community spread of the virus. On
March 4, 2020, the Los Angeles County Board of Supervisors declared a State of
Emergency and the Los Angeles County Public Health Officials declared a Local Health
Emergency. Since that time, numerous actions have been, and continue to be taken, at
the Federal, State and County levels to implement far reaching measures that include
Stay at Home Orders, prohibit gatherings of any size, require closure of a wide range of
businesses, schools, colleges, public facilities, cancellation of large community and
sporting events, and other limitations all aimed at slowing the community spread of the
virus. Conditions continue to change on a daily basis.
At the time the City Council declared a local emergency on March 19, 2020, LA County
Public Health Officials reported (as of March 18, 2020) 190 confirmed cases (including 2
in Diamond Bar), with one death in the County. As of June 30, 2020, there were
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105,507 confirmed cases and 3,402 deaths in Los Angeles County (including 179 cases
and 4 deaths Diamond Bar). Updated numbers will be provided for the Resolution at
the meeting. These numbers reflect a significant increase particularly since Memorial
Day weekend and exceed the anticipated increases with the reopening of various
business sectors as authorized by the State and County.
The Council is being asked to continue the Local State of Emergency (Attachment 1)
regarding the COVID-19 pandemic, which was last adopted by Council on May 5, 2020,
as is required every 60 days during the existence of the local emergency. The most
recent numbers of confirmed cases and deaths related to COVID-19 will be provided at
the meeting for inclusion in the Resolution. The City Manager, as the Emergency
Services Director for the City, also intends to continue the activation of the Emergency
Operations Center at the lowest level (Level 3) to be able to provide enhanced
communications with LA County Emergency Operations Center (already activated),
and with LA County Sheriff and Fire personnel to monitor and respond to essential
service requests that may be needed throughout the City.
ANALYSIS:
The City has taken extraordinary actions and precautions to help protect residents,
businesses and our workforce from community spread of COVID-19. While significant
closures are in effect, the City has transitioned to online service delivery and recreation
programming to better serve the public. However, the following remain in force through
at least July 31, 2020, and are expected to be further extended with guidance and
direction from State and County Public Health Officials:
• City Hall, Diamond Bar Center and Heritage Park Facilities are closed to the
public. City services are available electronically, including website, email, and by
telephone.
• City playgrounds, basketball courts, picnic shelters, and skate park remain
closed. Tennis courts, trails, and dog park are open under required guidelines
issued by Los Angeles County Public Health.
• All community events have been cancelled or postponed for the foreseeable
future, with plans underway for future modifications in accordance with City
policies and required guidelines issued by Los Angeles County Public Health. .
• Most recreation programs and contract classes have been cancelled or
postponed for the foreseeable future, with virtual programs offered on the City’s
website.
• Street sweeping parking enforcement continues to be suspended. However,
street sweeping continues as scheduled.
• City Staff continue to work remotely, with plans underway for future modifications
in accordance with City policies and required guidelines issued by Los Angeles
County Public Health.
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The City continues to encourage our residents and businesses to adhere to the most
recent guidance and health orders issued by our Federal, State, County and local
agencies to help prevent and slow community spread of COVID-19. The City is also
undertaking planning efforts for the eventual lifting or relaxing of the Stay at Home
Order at the State and County levels, and will implement operational procedures to be
compliant with Public Health Orders.
LEGAL REVIEW:
City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.7.a Resolution No. 2020-22 Local Emergency (COVID-19) Proclamation
Extension
3.7
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RESOLUTION NO. 2020-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROCLAIMING EXISTENCE OF A LOCAL
EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, the Emergency Services Act (Government Code sections 8550 et
seq.), and in particular California Government Code sections 8630, et seq. thereof, and
Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, provide that the City Council
may proclaim the existence of a local emergency when the City of Diamond Bar is affected
or likely to be affected by public calamity; and
WHEREAS, the City Council has been requested by the City Manager as the
Director of Emergency Services to proclaim the existence of a local emergency in the City
of Diamond Bar; and
WHEREAS, COVID-19 has spread globally to over 188 countries, infecting more
than 7,185,573 persons and killing nearly 409,000 individuals worldwide. As of July 7,
2020, there were nearly ________ cases in the United States with more than ______
deaths, including _______ cases and _______ deaths in Los Angeles County (___ cases
and __ deaths in Diamond Bar) related to COVID-19. Due to the expanding list of
countries with widespread transmission of COVID-19, increasing travel alerts and
warnings for countries experiencing sustained or uncontrolled community transmission
issued by the Centers for Disease Control and Prevention (“CDC”), the escalation of
United States domestic cases of and deaths from COVID-19, and the identification of
COVID-19 cases in California, including Los Angeles County, COVID-19 has created
conditions that are likely to be beyond the control of local resources and require the
combined forces of other political subdivisions to combat; and
WHEREAS, on February 26, 2020, the CDC confirmed the first possible case of
community transmission of COVID-19 in the United States. On March 4, 2020, the Health
Officer of Los Angeles County determined that there is an imminent and proximate threat
to the public health from the introduction of COVID-19 in Los Angeles County and
declared a Local Health Emergency and the Los Angeles County Board of Supervisors
concurrently proclaimed the existence of a local emergency for the County of Los
Angeles; and
WHEREAS, on March 4, 2020, Governor Newsom of the State of California
declared a State of Emergency in response to the COVID-19 (Corona Virus Disease 19);
and
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly
characterized COVID-19 as a global pandemic; and
WHEREAS, on March 12, 2020 Governor Newsom of the State of California issued
Executive Order N-25-20 in a further effort to confront and contain COVID-19 that among
3.7.a
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Resolution No. 2020-22
2
other things, required residents of California to follow orders and guidance of local public
health officials, including following social distancing requirements and suspended certain
provision of the Ralph M. Brown Act providing local agencies with greater flexibility to hold
meetings via teleconferencing; and
WHEREAS, on March 13, 2020, the President of the United States declared a
National Emergency due to the continue spread and the effects of COVID -19; and
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20 mandating that residents stay at home while carving out exceptions for workers in
specified federal critical infrastructure sectors; and
WHEREAS, the State of California and numerous other public and private
organizations have announced the cancellation or postponement of all events where
social distancing cannot be reasonably achieved; and
WHEREAS, the City's ability to mobilize local resources, coordinate interagency
response, accelerate procurement of vital supplies, use mutual aid, and seek future
reimbursement by the State and Federal governments will be critical to successfully
responding to COVID-19; and
WHEREAS, the Diamond Bar City Council adopted Resolution 2020-04 on March
19, 2020, proclamation the existence of a local emergency in response to the COVID -19
public health emergency; and
WHEREAS, the Diamond Bar City Council adopted Resolution 2020-12 on May 5,
2020, extending the local emergency due to the continued existen ce of a local
emergency; and
WHEREAS, the Los Angeles County Public Health Officer extended and
supplemented the County’s health order through May 15, 2020; and
WHEREAS, the Diamond Bar City Council must review the local emergency at
least once every 60 days to determine the need for continuing the local emergency until
its termination by the Diamond Bar City Council.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that as authorized by
Government Code section 8630 and Diamond Bar Municipal Code section 8.00.050, the
City Council proclaims that as defined in Government Code section 8558 and Section
8.00.020 of the Diamond Bar Municipal Code, a “local emergency” continues to exist
throughout the City of Diamond Bar, which proclamation is based on the following findings
by the City Council:
1. That the above recitals are true and correct and based thereon, hereby finds
that the spread and potential further spread of COVID -19 constitutes a
situation that severely impairs the public health and safety, and constitutes
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Resolution No. 2020-22
3
conditions of extreme peril to the safety of persons and property within the
City of Diamond Bar;
2. That these conditions are likely to be beyond the control of the services,
personnel, equipment, and facilities of the City of Diamond Bar; and
3. That the conditions of extreme peril warrant and necessitate the extension of
the proclamation of the existence of a local emergency.
IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the
threatened existence and actual existence of the local emergency, the powers, functions
and duties of the Director of Emergency Services and the emergency organization of the
City shall be those prescribed by state law, by ordinances and resolutions of the City and
approved by the City Council.
IT IS FURTHER PROCLAIMED AND ORDERED to ensure that City vendors are
paid in a timely manner, the City Manager and the City Treasurer or their designees are
authorized and directed to approve the claims and demands, make payments thereon,
and finally to bring those claims and demands to the City Council at future meetings for
ratification of the payments made.
IT IS FURTHER PROCLAIMED AND ORDERED that the City Council will utilize,
to the extent reasonably feasible and appropriate, the ability to conduct its council
meetings via teleconferencing and other electronic means to permit council members and
members of the public to implement recommended social distancing while still proceeding
with the efficient handling of the City’s business, in compliance with California Executive
Orders N-25-20 and N-33-20, and such other orders issued by the Governor of the State
of California and President of the United States..
IT IS FURTHER PROCLAIMED AND ORDERED that a copy of this proclamation
be forwarded to the Director of California Governor’s Office of Emergency Services
requesting that the Director find it acceptable in accordance with State law that the
Governor of California, pursuant to the Emergency Services Act, issue a proclamation
declaring an emergency in the City of Diamond Bar; that the Governor waive regulations
that may hinder response and recovery efforts; that response and recovery assistance be
made available under the California Disaster Assistance Act and the Stafford Act; and
that the State expedite access to State and Federal resources and any other appropriate
federal disaster relief programs.
IT IS FURTHER PROCLAIMED AND ORDERED that the proclamation of a local
emergency shall be reviewed at least once every 60 days until its termination is
proclaimed by the City Council of the City of Diamond Bar, State of California.
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Resolution No. 2020-22
4
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the
foregoing resolution, Resolution No. 2020-22, was duly passed, approved and adopted by
the City Council of the City of Diamond Bar at a regular meeting held on the 7th day of July,
2020, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
3.7.a
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Agenda #: 3.8
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CALLING AND GIVING NOTICE OF GENERAL MUNICIPAL
ELECTION, AND CONSOLIDATING THE GENERAL MUNICIPAL
ELECTION WITH THE STATEWIDE GENERAL ELECTION ON
NOVEMBER 3, 2020, AND ADOPTING REGULATIONS RELATED TO
CANDIDATE STATEMENTS.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
A. Adopt Resolution No. 2020-23 calling the General Municipal Election to be held
on Tuesday, November 3, 2020 for the election of two (2) Members of the City
Council, and Requesting Approval from the Board of Supervisors of the County
of Los Angeles to Consolidate the General Municipal Election with the Statewide
General Election; and
B. Adopt Resolution No. 2020-24 adopting Regulations for Candidates for Elective
Office related to Candidate Statements.
FINANCIAL IMPACT:
The cost to consolidate the general municipal election is estimated at approximately
$144,000 and is included in the adopted Fiscal Year 2020-21 Budget. The actual cost
will be invoiced to the City after the election concludes and expenditures are divided
amongst the cities consolidating their elections with the Statewide General Election and
requesting services from the Los Angeles County Registrar-Recorder.
BACKGROUND:
The General Municipal Election is scheduled for November 3, 2020. At this time, the
City must call an election for the selection of two (2) City Council seats to full four (4)
year terms.
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DISCUSSION:
Pursuant to Sections 10400 - 10418 of the Elections Code, the City is required to
formally call and give notice of and request consolidation for General Municipal
Elections. The attached Resolutions adhere to the requirements set forth in the
Elections Code and are summarized below:
1. Calling and Giving Notice of the November 3, 2020 General Municipal Election and
Requesting Consolidation with the Statewide General Election.
This resolution calls for the holding of the November 3, 2020 General Municipal
Election and requests that the Los Angeles County Board of Supervisors consolidate
the General Municipal Election with the Statewide General Election on November 3,
2020. The local election will be held in conjunction with the county and statewide
ballot and is overseen and managed by the County of Los Angeles Office of the
Registrar/Recorder (County). The resolution also authorizes the County’s Election
Department to canvass the returns of the election. The City has historically
consolidated General Municipal Elections with the County since incorporation.
The offices to be filled for this election are for two (2) Members of the City Council
for full four (4) year terms. The filing period for nomination papers and candidate
statements is July 13 to August 7, 2020.
2. Regulations Regarding Candidate Statements.
This resolution adopts regulations governing candidate statements. Consistent with
past practice during previous City of Diamond Bar elections, the resolution
establishes that candidate statements may include the name, age and occupation of
the candidate and a brief description of no more than 200 words of the candidate’s
education and qualifications expressed by the candidate. The statement shall not
include party affiliation of the candidate, nor membership or activity in partisan
political organizations. The resolution also sets standards for foreign language
translation. The candidate will be responsible for the costs of printing the candidate
statement in the voter information guide.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions as to form.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.8.a Resolution No. 2020-23 - Calling Election & Requesting Consolidation
2. 3.8.b Resolution No. 2020-24 - Candidate Statement Regulations
3.8
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RESOLUTION NO. 2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS
OF THE COUNTY OF LOS ANGELES TO ORDER THE
CONSOLIDATION OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2020 WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE
SAME DAY; TO AUTHORIZE THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID
GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE
REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY BE
PERMITTED TO RENDER FULL SERVICES TO THE CITY OF
DIAMOND BAR RELATING TO THE CONDUCT OF SAID GENERAL
MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS
CODE SECTION 10403
WHEREAS, a General Municipal Election has been called by the City of
Diamond Bar to be held in the City of Diamond Bar on November 3, 2020; and,
WHEREAS, a Statewide General Election to be held in the County of Los
Angeles has been or will be called to be held on November 3, 2020; and,
WHEREAS, it is desired, pursuant to the authority found in California Elections
Code section 10403, to consolidate said General Municipal Election with said Statewide
General Election to be held in the County of Los Angeles;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar as follows:
Section 1. The Board of Supervisors of the County of Los Angeles is hereby
respectfully requested to order the consolidation of said General Municipal Election to
be held on November 3, 2020, with the Statewide General Election to be held in the
County of Los Angeles on November 3, 2020.
Section 2. The Board of Supervisors of the County of Los Angeles is hereby
further respectfully requested to place upon the same ballot as that provided for said
Statewide General Election to be held in the County of Los Angeles on November 3,
2020, the names of the candidates for the offices of
Two (2) Members of the City Council, Full Term of Four Years
to be submitted to the electors of the City of Diamond Bar at said General Municipal
Election.
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Resolution No. 2020-23
2
Section 3. The City of Diamond Bar acknowledges that the consolidated
election will be held and conducted in the manner prescribed in Section 10418 of the
California Elections Code.
Section 4. The Board of Supervisors of the County of Los Angeles is hereby
authorized and respectfully requested to canvass the returns of said General Municipal
Election.
Section 5. The Board of Supervisors of the County of Los Angeles is hereby
authorized and respectfully requested to authorize and permit the Registrar-
Recorder/County Clerk of the County of Los Angeles to:
a) Print and supply ballots for said City of Diamond Bar General Municipal
Election;
b) Mail the City’s sample ballots and candidate statemen ts of qualifications to
the electors of the City of Diamond Bar as part of the same material that
will be mailed to the voters of the Statewide General Election to be held in
the County of Los Angeles;
c) Perform such other services as may be required for the consolidation and
conduct of said City of Diamond Bar Municipal Election with said
Statewide General Election to be held in the County of Los Angeles.
Section 6. The vote centers for the election shall be open as required during
the identified voting period pursuant to California Elections Code sections 4007 and
14401.
Section 7. In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 8. Notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
Section 9. In the event of a tie vote as certified by the County of Los Angeles
Registrar-Recorder/County Clerk, the City Council, in accordance with Diamond Bar
Municipal Code Section 2.04.040 and Elections Code § 15651(b), shall conduct a
special runoff election to resolve the tie vote and such special run off election is to be
held on a Tuesday not less than 40 days nor more than 125 days after the
administrative or judicial certification of the election which resulted in a tie vote.
Section 10. The City shall reimburse the County of Los Angeles in full for the
services performed on behalf of the City upon the presentation of a bill by the County.
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Resolution No. 2020-23
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Section 11. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Section 12. The City Clerk is hereby directed to deliver a certified copy of this
resolution to the Board of Supervisors of the County of Los Angeles and to transmit an
electronic copy to the Board of Supervisors and the Registrar-Recorder/County Clerk of
the County of Los Angeles.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, 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 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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RESOLUTION NO. 2020-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 3, 2020.
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials prepared
by any candidate for a municipal election, including costs of the candidates’ statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections
Code of the State of California, each candidate for elective office to be voted for at an
Election to be held in the City of Diamond Bar on November 3, 2020 may prepare a
candidates’ statement on an appropriate form provided by the City Clerk. The statement
may include the name, age and occupation of the candidate and a brief description of no
more than 200 words of the candidate’s education and qualifications expressed by the
candidate himself or herself. The statement shall not include party affiliation of the
candidate, nor membership or activity in partisan political organizations. The statement
shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s
nomination papers are filed. The statement may be withdrawn, but not changed, during
the period for filing nomination papers and until 5:00 p.m. of the next working day after
the close of the nomination period.
Section 2. FOREIGN LANGUAGE POLICY.
A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be
translated into all languages required by the County of Los Angeles.
B. The County will print and mail voter information guides and candidates’
statements to only those voters who are on the county voter file as having
requested a voter information guide in a particular language. The County will
make the voter information guides and candidates’ statements in the required
languages available at all vote centers, on the County’s website, and in the
Election Official’s office.
Section 3. PAYMENT.
A. Translations:
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Resolution No. 2020-24
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1. The candidate shall not be required to pay for the cost of translating the
candidates’ statement into any required foreign language as specified in
(A) and/or (B) of Section 2 above pursuant to Federal and\or State law.
B. Printing:
1. The candidate shall be required to pay for the cost of printing the
candidates’ statement in English in the main voter pamphlet.
2. The candidate shall be required to pay for the cost of printing the
candidates’ statement in Spanish, in the main voter pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidates’ statements filed pursuant to this section, including costs incurred as a
result of complying with the Voting Rights Act of 1965 (as amended), and require each
candidate filing a statement to pay in advance to the local agency his or her estimated
pro rata share as a condition of having his or her statement included in the voter’s
pamphlet. In the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another election and may
be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and
may, on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event of underpayment, the City
Clerk may require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the City Clerk shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
Section 4. MISCELLANEOUS.
A) All translations shall be provided by professionally-certified translators.
B) The City Clerk shall allow bold type, underlining, capitalization,
indentations, bullets and/or leading hyphens to the same extent and
manner as allowed in previous City elections.
C) The City Clerk shall comply with all recommendations and standards set
forth by the California Secretary of State regarding occupational
designations and other matters relating to elections.
Section 5. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the voter information guide.
Section 6. That the City Clerk shall provide each candidate or the candidate’s
representative a copy of this Resolution at the time nominating petitions are issued.
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Resolution No. 2020-24
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Section 7. That all previous resolutions establishing council policy on payment
for candidates’ statements are repealed.
Section 8. That this resolution shall apply only to the election to be held on
November 3, 2020 and shall then be repealed.
Section 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, 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 7th day of July, 2020, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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Agenda #: 3.9
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SECOND AMENDMENT TO THE CROSSING GUARD SERVICES
AGREEMENT WITH AMERICAN GUARD SERVICES, INC.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, the Second Amendment to the Crossing
Guard Services Agreement with American Guard Services, Inc., granting a two -year
extension through June 30, 2022.
FINANCIAL IMPACT:
The total authorization amount for FY 2020-2021 is $203,386.26 and would increase to
$223,482.80 in FY 2021-2022. Sufficient funds have been included in the FY 2020-2021
Public Safety Operating Budget to provide for such services.
BACKGROUND/DISCUSSION:
On June 6, 2017, the City Council approved a crossing guard service agreement with
American Guard Services, Inc. (AGSI) to provide reliable crossing guard services at
nineteen (19) locations within the Walnut Valley Unified and Pomona Unified School
Districts in Diamond Bar. Crossing guard services are provided to aid in the safety of
school-age pedestrians when crossing streets in the vicinity of schools. The City
requires all crossing guards to be properly trained and supervised in order to carry out
their responsibilities.
The following is a list of locations for schools within the Walnut Valley and Pomona
Unified School District Districts currently being served by AGSI:
Walnut Valley Unified School District
1. Castle Rock Elementary Cold Springs Lane & at front of school
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2. Castle Rock Elementary Castle Rock Road & Cold Springs Lane
3. Evergreen Elementary Harmony Hill Drive & Evergreen Springs
4. Evergreen Elementary Pathfinder Road & Evergreen Springs
5. Maple Hill Elementary Maple Hill Park & Maple Hill Road (in
front of school)
6. Maple Hill Elementary Blenbury Drive & Maple Hills Road
7. Walnut Elementary Golden Springs Drive & Lemon Avenue
8. Walnut Elementary Glenwick Avenue & Lycoming Drive
9. Walnut Elementary Glenwick Avenue & Northampton Street
10. Quail Summit Elementary Quail Summit Drive & Winterwood Lane
11. Quail Summit Elementary Forrest Canyon near Park (mid-block)
12. Chaparral Middle School Diamond Bar Blvd & Mountain Laurel Way
Pomona Unified School District
13. Diamond Point Elementary Golden Springs Drive & Sunset Crossing Road
14. Diamond Point Elementary Sunset Crossing Road & Del Sol Lane
15. Golden Springs Elementary Ballena Drive & Meadow Falls Drive
16. Golden Springs Elementary El Encino Drive & Prospect Valley Drive
17. Neil Armstrong Elementary Beaverhead Dr. & Cottonwood Cove Dr.
18. Neil Armstrong Elementary Clearview Crest Drive & Chicora Drive
19. Lorbeer Middle School Diamond Bar Blvd. & Golden Springs Dr.
On June 19, 2018, the City Council approved the First Amendment to the Agreement to
increase the total fiscal year contract amount to add two (2) additional crossing guards
at Maple Hill Elementary School (Blenbury Drive & Maple Hill Road) and Walnut
Elementary School (Glenwick Avenue & Northampton St.).
The Agreement will expire on June 30, 2020; a two-year (2) service extension can be
considered/granted in accordance with the provisions in Section 2 of the Original
Agreement to extend multiple years upon successful demonstration of exemplary
contract performance services from AGSI (Attachment 2). The current Agreement
provides for an hourly rate of $18.22 in FY 2019-2020, with a three-hour maximum per
day per site.
AGSI’s extension request reflects a mandated California State minimum wage increase
of $13 on January 2020 and the upcoming increases to $14 as of January 2021 and
$15 as of January 2022. AGSI is proposing to hold the current hourly rate of $18.22 for
the first half of FY 2020-2021 in consideration of the COVID-19 pandemic, and an
hourly rate increase of $21.29 for the second half of FY 2020-2021, and an hourly rate
of $21.78 for FY 2021-2022 to comply with the new minimum wage increases.
It is recommended that the City Council approve the Second Amendment with AGS I to
provide crossing guard services to the school-age pedestrians for two (2) additional
years.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.9.a Second Amendment American Guard Services, Inc.
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SECOND AMENDMENT
TO
AGREEMENT FOR CROSSING GUARD SERVICES
This Second Amendment to Agreement for Crossing Guard Services is made and
entered into as of July 7, 2020, by and between the City of Diamond Bar, a municipal
corporation (“City”), and American Guard Services, Inc., a California corporation (herein
referred to as the “Contractor”) with reference to the following:
A. The City and the Contractor entered into that certain Agreement dated as of
June 6, 2017, which is incorporated herein by this reference (the “Original
Agreement”); and
B. The City and Contractor entered into a First Amendment to the Original
Agreement dated June 19, 2018, which is incorporated herein by reference (“First
Amendment”), which First Amendment and Original Agreement are collectively referred to
herein as the “Agreement”; and
C. The City and the Contractor desire to modify, amend and supplement certain
portions of the Agreement.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized
terms used herein shall have the meanings set forth for such terms in the Original
Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is
from June 6, 2017 to June 30, 2020. This Second Amendment extends the Term up to and
including June 30, 2022.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the Original Agreement per fiscal year was the sum of One Hundred Forty Eight
Thousand Four Hundred Forty One Dollar ($148,441) for Fiscal Year 2017-2018, One
Hundred Fifty Five Thousand One Hundred Forty Two Dollars ($155,142) for Fiscal Year
2018-2019 and One Hundred Sixty Seven Thousand Two Hundred Sixty Dollars
($167,260) for Fiscal Year 2019-2020. Section 3 of the Original Agreement was amended
by First Amendment dated June 19, 2018 to provide for an increase of Eighteen Thousand
Two Hundred Fifty-Two Dollars ($18,852) for Fiscal Year 2018-2019 and Nineteen
Thousand Six Hundred Seventy-Seven Dollars and Sixty Cents ($19,667.60) for Fiscal
Year 2019-2020.
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for
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Agenda #: 3.10
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF AN ADMINISTERING AGENCY-STATE AGREEMENT
ACCEPTING $72,000 IN GRANT FUNDS FOR THE PREPARATION OF
A LOCAL ROADWAY SAFETY PLAN.
STRATEGIC
GOAL:
Open, Engaged & Responsive Government
RECOMMENDATION:
A. Approve, and authorize the Mayor to sign, the Administering Agency -State
Agreement and Program Supplement accepting $72,000 in grant funds to
prepare a Local Roadway Safety Plan;
B. Adopt Resolution No. 2020-25 authorizing the Public Works Director/City
Engineer to sign necessary documents in administering the Grant; and
C. Establish Fund 162 - Local Roadway Safety Plan Grant Fund.
FINANCIAL IMPACT:
The State of California has awarded the City up to $72,000 to prepare a Local Roadway
Safety Plan (LRSP). The grant, if accepted, requires ten (10) percent local match fund
from the City. Adequate funds are available in the FY 2020-2021 Public Work Operating
Budget.
BACKGROUND/DISCUSSION:
Under Federal regulations, the State of California is required to develop a Strategic
Highway Safety Plan (SHSP). The statewide SHSP coordinates the efforts of a wide
range of organizations, including cities, to reduce traffic accident fatalities and serious
injuries on all public roads. The SHSP’s established goals and objectives incorporate
the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency
Services.
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As mandated, the Local Roadway Safety Plan (LRSP) is considered the local
supplement to the State’s SHSP and is specific to each jurisdiction. As such, the LRSP
will be developed to help local public roadway owners, e.g. cities, and counties, to
address highway safety needs in their jurisdictions. It provides a prioritized list of
improvements and actions that can demonstrate a defined need and contribute to the
statewide plan.
Additionally, LRSPs are considered a proactive approach to addressing the safety
needs of the community and should demonstrate the City’s responsiveness to safety
challenges. Due to our past efforts and investment on traffic safety projects/programs,
Diamond Bar’s roadway/traffic data show very low rates of traffic-related
fatalities/injuries. Therefore, it is expected that our LRSP will showcase the results of
these past efforts while identifying any further enhanced improvements. Improvement
opportunities prioritized in the LRSP will not create an obligation for the City and cannot
be used as an evidence on a court proceeding per 23 U.S. Code § 409.
Staff also learned that for future grant fund opportunities such as the Highway Safety
Improvement Program (HSIP) grant, an LRSP will be required for a jurisdiction to be
eligible to apply for the fund. It is anticipated that other State grant funds will also
require an LRSP or its equivalents. Therefore, Staff realized the City will need to
prepare such a plan at some point in the near future to be ready to meet grant
requirements and other possible State mandates. Preparation of an LRSP document
requires following a defined procedure with certain technical methods and utilizing
public outreach which makes it a great candidate for preparation by a specialized traffic
consulting firm.
To cover the cost associated with the consulting services, when State funding became
available to local agencies for developing the LRSP, staff seized the opportunity to
apply for the grant and $72,000 was awarded with a ten (10) percent local match
requirement.
According to the California Department of Transportation (Caltrans), all the LR SP funds
currently available have been awarded to the applica nts who submitted their
applications prior to January 28, 2020 (which includes Diamond Bar), and additional
LRSP funds may become available during the Fiscal Year 2020-2021. However, given
the current situation with the economic impacts of the COVID-19 pandemic, it’s
unknown to staff if there will be any grant fund opportunities for preparation of the
LRSP.
To accept the LRSP preparation fund from the State, the City is required to execute an
Administering Agency-State Agreement with Caltrans (Attachment 1).
To facilitate managing the grant and its corresponding communications and reporting to
Caltrans, the City needs to designate a representative. Therefore, Staff is
recommending a resolution (Attachment 2) to designate the City’s Public Works
Director/City Engineer to represent the City and sign related documents, including but
not limited to the Program Supplement Agreement provided in Attachment 3, on behalf
of the City.
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LEGAL REVIEW:
The City Attorney has reviewed and approved the agreement as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.10.a Administering Agency-State Agreement City of Diamond Bar and Caltrans
2. 3.10.b Resolution No. 2020-25 - LRSP
3. 3.10.c Program Supplement (PSA) to Agreement
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07 City of Diamond Bar
------------------------------------
District Administering Agency
Agreement No. 00561S
This AGREEMENT, is entered into effective this _______ day of __________, 20 , by and
between the City of Diamond Bar, hereinafter referred to as "ADMINISTERING AGENCY," and
the State of California, acting by and through its Department of Transportation (Caltrans),
hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a
"PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain
State funds are made available for use on local transportation related projects of public entities
qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation
Commission (CTC) and/or STATE for funding from either the State Transportation Improvement
Program (STIP), or other State-funded programs (herein referred to as STATE FUNDS), as
defined in the Local Assistance Program Guidelines (LAPG), for use on local authorized
transportation related projects as a local administered project(s), hereinafter referred to as
"PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING
AGENCY and STATE are required to enter into an agreement to establish terms and conditions
applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated
PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
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ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and
until a project-specific Program Supplement to this AGREEMENT for state funded projects,
hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE
and ADMINISTERING AGENCY.
2. The State approved project-specific allocation letter designate the party responsible for
implementing PROJECT, type of work and location of PROJECT.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the
ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated
PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have
been initially encumbered for PROJECT along with the matching funds to be provided by
ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the
PARTIES shall cause ADMINISTERING AGENCY to adopt all of the terms of this AGREEMENT
as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly
delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written
concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the
governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM
SUPPLEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may suspend
future allocations, encumbrances and invoice payments for any on-going or future STATE
FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM
SUPPLEMENT is not returned within that ninety (90) day period unless otherwise agreed by
STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of
STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to
comply with the terms and conditions of this AGREEMENT and all of the agreed-upon Special
Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and
Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the
specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of
the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT.
7. Projects allocated with STATE FUNDS from the STIP will be administered in accordance with
the current CTC STIP Guidelines, as adopted or amended and in accordance with Chapter 23 of
the Local Assistance Program Guidelines (LAPG) published by STATE.
8. Projects allocated with STATE FUNDS not programmed in the STIP will be administered in
accordance with the applicable chapter of the LAPG and/or any other instructions published by
STATE.
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all
preliminary work directly related to PROJECT up to contract award for construction, including, but
not limited to, environmental studies and permits (E&P), preliminary surveys and reports,
laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E),
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advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering includes actual
inspection and supervision of PROJECT construction work; construction staking; laboratory and
field testing; and the preparation and processing of field reports, records, estimates, final reports,
and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or
its sub-contractor engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final
environmental approval of PROJECT. Final design entails the design work necessary to complete
the PS&E and other work necessary for a construction contract but not required earlier for
environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in
accordance with Chapter 11 of the Local Assistance Procedures Manual (LAPM) that describes
minimum statewide design standards for local agency streets and roads. The design standards
for projects off the National Highway System (NHS) allow STATE to accept either the STATE's
minimum statewide design standards or the approved geometric design standards of
ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept
ADMINISTERING AGENCY-approved standard specifications, standard plans, materials
sampling and testing quality assurance programs that meet the conditions described in the then
current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that
PROJECT shall also be subject to compliance with the policies, procedures and standards of the
STATE Project Development Procedures Manual and Highway Design Manual and where
appropriate, an executed cooperative agreement between STATE and ADMINISTERING
AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES.
ADMINISTERING AGENCY and its' contractors shall each obtain an encroachment permit
through STATE prior to commencing any work within STATE rights of way or work which affects
STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be
performed by a railroad, the contract for such work shall be prepared by ADMINISTERING
AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING
AGENCY shall enter into an agreement with the railroad providing for future maintenance of
protective devices or other facilities installed under the contract.
16. The Department of General Services, Division of the State Architect, or its designee, shall
review the contract PS&E for the construction of buildings, structures, sidewalks, curbs and
related facilities for accessibility and usability. ADMINISTERING AGENCY shall not award a
PROJECT construction contract for these types of improvements until the State Architect has
issued written approval stating that the PROJECT plans and specifications comply with the
provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further
requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection
of each PROJECT. While consultants may perform supervision and inspection work for
PROJECT with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a
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full-time employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY
shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or
contractor forces during any temporary suspension of PROJECT or at any other time may not be
charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information, using Exhibit
23-A of the LAPG, to STATE's District Local Assistance Engineer, within sixty (60) days after
contract award. A copy of Exhibit 23-A shall also be included with the submittal of the first invoice
for a construction contract by ADMINISTERING AGENCY to: Department of Transportation,
Division of Accounting Local Programs Accounting Branch, MS #33, PO Box 942874,
Sacramento, California 94274-0001.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute
a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure
by ADMINISTERING AGENCY to submit a "Report of Expenditures" within 180 days of project
completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in
accordance Chapters 17 and 19 of the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of
1990 that prohibits discrimination on the basis of disability and all applicable regulations and
guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective
jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and
other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the
requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit
A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third
party for performance of work connected with PROJECT shall incorporate Exhibit A (with third
party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all subcontracts awarded when applicable, a
clause that requires each subcontractor to comply with California Labor Code requirements that all
workers employed on public works aspects of any project (as defined in California Labor Code
sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by
the Department of Industrial Relations as effective at the date of contract award by the
ADMINISTERING AGENCY.
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ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all
necessary rights of way have been secured. Prior to the advertising for construction of PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence
that all necessary rights-of-way are available for construction purposes or will be available by the
time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes,
and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures to purchase all real property required for PROJECT free and clear of liens,
conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair
market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real
property required for the PROJECT, title free and clear of obstructions and encumbrances
affecting PROJECT and the payment, as required by applicable law, of damages to owners of
remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to
Government Code sections 7260-7277 when PROJECT displaces an individual, family, business,
farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is
recorded for sale proceeds used to offset PROJECT costs.
(e) The cost of all unavoidable utility relocation, protection or removal.
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or
removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and
where the actual generator cannot be identified and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability
that may result in the event the right-of-way for a PROJECT, including, but not limited to, being
clear as certified or if said right-of-way is found to contain hazardous materials requiring
treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING
AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the
construction of PROJECT because utility facilities have not been timely removed or relocated, or
because rights-of-way were not available to ADMINISTERING AGENCY for the orderly
prosecution of PROJECT work.
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ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed,
constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as
the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE,
ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer
this obligation and responsibility to maintain and operate PROJECT property for that intended
public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon
contractor being relieved of the responsibility for maintaining and protecting PROJECT,
ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the
expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of
STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the
duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between
itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance,
ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING
AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in
a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after
receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly
operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the
conditions complained of, the approval of future STATE FUNDED PROJECTS of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition
of operation and maintenance satisfactory to STATE. The provisions of this section shall not
apply to a PROJECT that has been vacated through due process of law with STATE's
concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of
engineers and/or such other professionals and technicians as PROJECT reasonably requires.
Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another
unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All
maintenance will be performed at regular intervals or as required for efficient operation of the
complete PROJECT improvements.
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ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the
Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this
AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's
approved finance letter.
3. ADMINISTERING AGENCY may submit signed duplicate invoices in arrears for reimbursement
of allowable PROJECT costs on a monthly or quarterly progress basis once the project-specific
PROGRAM SUPPLEMENT has been executed by STATE.
4. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six
months commencing after the STATE FUNDS are encumbered on either the project-specific
PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE.
STATE reserves the right to suspend future allocations and invoice payments for any on-going or
future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have
not been invoiced by ADMINISTERING AGENCY for a six-month period
5. Invoices shall be submitted on ADMINISTERING AGENCY letterhead that includes the address
of ADMINISTERING AGENCY and shall be formatted in accordance with Chapter 5 of the LAPM.
6. Invoices must have at least one copy of supporting backup documentation for allowable costs
incurred and claimed for reimbursement by ADMINISTERING AGENCY. Acceptable backup
documentation includes, but is not limited to, agency's progress payment to the contractors,
copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a
computerized summary of PROJECT costs.
7. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements
of actual allowable PROJECT costs already incurred and paid for by ADMINISTERING AGENCY.
8. An indirect cost allocation plan and related documentation are to be provided to STATE
(Caltrans Audits & Investigations) annually for review and approval prior to ADMINISTERING
AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for
reimbursement. The indirect cost allocation plan must be prepared in accordance with the
requirements set forth in Office of Management and Budget Circular A-87 and Chapter 4 of the
Local Assistance Procedures Manual.
9. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS
encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY
submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT
PROJECT.
10. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the
required matching funds may be adjusted by mutual consent of the PARTIES with an allocation
letter and finance letter. STATE FUNDING may be increased to cover PROJECT cost increases
only if such additional funds are available and the CTC and/or STATE concurs with that increase
in the form of an allocation and finance letter.
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11. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees
that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own
funds.
12. ADMINISTERING AGENCY shall use its own non STATE FUNDS to finance the local share of
eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with
STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost
eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
13. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work
performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include
overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
14. STATE FUNDS allocated from the STIP are subject to the timely use of funds provisions
enacted by Senate Bill 45, approved in 1997, and subsequent STIP Guidelines and State
procedures approved by the CTC and STATE.
15. STATE FUNDS encumbered for PROJECT are available for liquidation only for five (5) years
from the beginning of the State fiscal year when those funds were appropriated in the State
Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative
Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the
California Department of Finance in accordance with Government Code section 16304. The exact
date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
16. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per
diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors
claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to
rank and file STATE employees under current State Department of Personnel Administration
(DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates,
ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments
inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on
demand.
17. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB)
Circular A-87, Cost Principles for State and Local Governments, and 49 CFR, Part 18, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments.
18. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will
be obligated to agree that (a) Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the
allowability of individual PROJECT cost items and (b) those parties shall comply with federal
administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments. Every
sub-recipient receiving PROJECT funds as a contractor or sub-contractor under this
AGREEMENT shall comply with Federal administrative procedures in accordance with 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments. ADMINISTERING AGENCY agrees to comply with the provisions set
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forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit
that are determined by subsequent audit to be unallowable under OMB Circular A-87, 48 CFR,
Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646 or 49 CFR, Part 18, are subject to repayment
by ADMINISTERING AGENCY to STATE.
20. Upon written demand by STATE, any overpayment to ADMINISTERING AGENCY of amounts
invoiced to STATE shall be returned to STATE.
21. Should ADMINISTERING AGENCY fail to refund any moneys due STATE as provided herein
or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT
without adequate justification and approval by STATE, then, within thirty (30) days of demand, or
within such other period as may be agreed to in writing between the PARTIES hereto, STATE,
acting through the State Controller, the State Treasurer, the CTC or any other public entity or
agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid
by or owed to STATE for each PROJECT, from future apportionments, or any other funds due
ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds,
and/or may also withhold approval of future STATE FUNDED projects proposed by
ADMINISTERING AGENCY.
22. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint
powers authority, special district, or any other public entity not directly receiving funds through the
State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding
are available, including the withholding or transfer of funds, pursuant to Article IV - 21, from those
constituent entities comprising a joint powers authority or by bringing of an action against
ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by
STATE hereunder.
23. ADMINISTERING AGENCY acknowledges that the signatory party represents the
ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers
Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or
otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING
AGENCY in contravention of the terms of this AGREEMENT.
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ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and
records when determined to be necessary or appropriate and ADMINISTERING AGENCY agrees,
and shall require its contractors and subcontractors to agree, to cooperate with STATE by making
all appropriate and relevant PROJECT records available for audit and copying as required by
paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred PROJECT costs
and matching funds by line item for the PROJECT. The accounting system of ADMINISTERING
AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting
Principles, enable the determination of incurred costs at interim points of completion, and provide
support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. For the purpose of determining compliance with Title 21, California Code of Regulations,
Chapter 21, section 2500 et seq., when applicable, and other matters connected with the
performance and costs of ADMINISTERING AGENCY's contracts with third parties pursuant to
Government Code section 8546.7, ADMINISTERING AGENCY, ADMINISTERING AGENCY's
contractors and subcontractors, and STATE shall each maintain and make available for inspection
and audit all books, documents, papers, accounting records, and other evidence pertaining to the
performance of such contracts, including, but not limited to, the costs of administering those
various contracts. All of the above-referenced parties shall make such AGREEMENT and
PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times
during the entire PROJECT period and for three (3) years from the date of final payment to
ADMINISTERING AGENCY under any PROGRAM SUPPLEMENT. STATE, the California State
Auditor, or any duly authorized representative of STATE or the United States, shall each have
access to any books, records, and documents that are pertinent to a PROJECT for audits,
examinations, excerpts, and transactions and ADMINISTERING AGENCY shall furnish copies
thereof if requested.
4. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act
of OMB Circular A-133 if it receives a total of $500,000 or more in STATE FUNDS in a single
fiscal year. The STATE FUNDS received under PROGRAM SUPPLEMENT are a part of the
Catalogue of Federal Domestic Assistance (CFDA) 20.205, Highway Planning and Research.
5. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the
terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING
AGENCY'S annual audit and in the schedule of projects to be examined under its single audit
prepared in accordance with OMB Circular A-133.
6. ADMINISTERING AGENCY shall not award a construction contract over $10,000 or other
contracts over $25,000 [excluding professional service contracts of the type which are required to
be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
noncompetitive negotiation for work to be performed under this AGREEMENT without the prior
written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or
used as local match credit must meet the requirements set forth in this AGREEMENT regarding
local match funds.
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7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT
shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V,
AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall
mandate that travel and per diem reimbursements and third-party contract reimbursements to
subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid
for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match
funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the
same manner that is required of all other PROJECT expenditures.
9. In addition to the above, the pre-award requirements of third-party contractor/consultants with
ADMINISTERING AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES.
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ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for
transportation purposes that are in conformance with Article XIX of the California State
Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and
regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures
Manual as published by STATE and incorporated herein, including all subsequent approved
revisions thereto applicable to PROJECT unless otherwise designated in the project-specific
executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or
funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY,
when engaged in the performance of this AGREEMENT, shall act in an independent capacity and
not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and
funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM
SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals
are suspended or debarred at the time of the execution of this AGREEMENT, and
ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a
suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or
selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide employees or bona fide established commercial or selling agencies
maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or
violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay
only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct
from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby
certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by a federal court has been issued against ADMINISTERING AGENCY within the immediate
preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an
order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the
National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with
STATE that may have an impact upon the outcome of this AGREEMENT or any individual
PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall
also list current contractors who may have a financial interest in the outcome of a PROJECT
undertaken pursuant to this AGREEMENT.
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10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any
financial or business interest that would conflict with the performance of any PROJECT initiated
under this AGREEMENT.
11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured
through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE
employee. For breach or violation of this warranty, STATE shall have the right, in its sole
discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually
performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full
amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed
of by agreement shall be decided by the STATE's Contract Officer, who may consider any written
or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract
Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact
considered and determined by the Contract Officer.
13. Neither the pending of a dispute nor its consideration by the Contract Officer will excuse the
ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this
AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or
liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY
arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY
shall fully defend, indemnify and save harmless STATE and all of its officers and employees from
all claims and suits or actions of every name, kind and description brought forth under, including
but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of
liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY
under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any
injury, damage or liability occurring by reason of anything done or omitted to be done by, under or
in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is
understood and agreed that STATE shall fully defend, indemnify and save harmless the
ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions
of every name, kind and description brought forth under, including but not limited to, tortuous,
contractual, inverse condemnation and other theories or assertions of liability occurring by reason
of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective
PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to
maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and
conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right
to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING
AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice
of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is
not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING
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AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to
STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a
Notice of Termination, which notice shall become effective not less than thirty (30) days after
receipt, specifying the reason for the termination, the extent to which funding of work under this
AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon
which such termination becomes effective, if beyond thirty (30) days after receipt. During the
period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to
attempt to resolve any dispute. In the event of such termination, STATE may proceed with the
PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for
PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of
ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING
AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to
termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and
conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the
cost of any PROJECT completion to STATE shall first be deducted from any sum due
ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a
project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in
that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this
AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by
ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the PARTIES, and no oral understanding or agreement not incorporated
herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized
officer.
STATE OF CALIFORNIA City of Diamond Bar
DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________
________________________________ _______________________________
Chief, Office of Project Implementation City of Diamond Bar
Division of Local Assistance Representative Name & Title
(Authorized Governing Body Representative)
Date __________________________ Date __________________________
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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against
any employee for employment because of race, color, sex, sexual orientation, religion, age,
ancestry or national origin, physical disability, medical condition, marital status, political affiliation,
family and medical care leave, pregnancy leave, or disability leave. ADMINISTERING AGENCY
will take affirmative action to ensure that employees are treated during employment without regard
to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability,
medical condition, marital status, political affiliation, family and medical care leave, pregnancy
leave, or disability leave. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to
employees for employment, notices to be provided by STATE setting forth the provisions of this
Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code, 1290-0 et seq.), and the
applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this AGREEMENT by reference and made a
part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all
subcontractors shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of
this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment
advertisements, application forms, and other pertinent data and records by STATE, the State Fair
Employment and Housing Commission, or any other agency of the State of California designated
by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment
section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred
upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING
AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing
Commission that it has investigated and determined that ADMINISTERING AGENCY has violated
the Fair Employment Practices Act and had issued an order under Labor Code section 1426 which
has become final or has obtained an injunction under Labor Code section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate
this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing
the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and
by the surety under the performance bond, if any, and STATE may deduct from any moneys due
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or thereafter may become due to ADMINISTERING AGENCY, the difference between the price
named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING
AGENCY's breach of this Agreement.
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RESOLUTION NO. 2020-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR DESIGNATING THE PUBLIC WORKS DIRECTOR/CITY
ENGINEER TO REPRESENT THE CITY OF DIAMOND BAR AND SIGN
DOCUMENTS RELATED TO THE GRANT FUNDS FOR LOCAL
ROADWAY SAFETY PLAN FROM THE STATE OF CALIFONIA
WHEREAS, the City of Diamond Bar applied for grants from the State of
California Department of Transportation (“Caltrans”) to undertake a Local Roadway
Safety Plan (LRSP); and
WHEREAS, the LRSP will assist the City in identifying, analyzing, and prioritizing
roadway safety improvements; and
WHEREAS, the City of Diamond Bar will receive up to $72,000 in grant funds
from Caltrans to undertake the LRSP and needs to designate a representative to work
with Caltrans to implement the grant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Diamond Bar designates the
Public Works Director/City Engineer to represent the City and sign documents o n behalf
of the City.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
____________________________
Steve Tye, Mayor
ATTEST:
I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
____________________________
Kristina Santana, City Clerk
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PROGRAM SUPPLEMENT NO. U37
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR STATE FUNDED PROJECTS NO 00561S
Adv Project ID
0720000201
Date: April 2, 2020
Location: 07-LA-0-DMBR
Project Number: LRSPL-5455(017)
E.A. Number:
Locode: 5455
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State
Agreement No. 00561S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and
the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM
SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of
Resolution No. approved by the ADMINISTERING AGENCY on (See copy
attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived
from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special
Covenants and remarks set forth on the following pages.
PROJECT LOCATION: Citywide ( not a specific location )
TYPE OF WORK: Develop a Local Roadway safety plan (LRSP)
Estimated Cost State Funds
$80,000.00
STATE $72,000.00
CITY OF DIAMOND BAR
By
Title
Date
Attest
,-
LOCAL
$8,000.00,
I
Matching F�nds
OTHER
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STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Project Implementation
Division of Local Assistance
Date
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Date $72.000.00
Program Supplement 00-561S-U37-SERIAL Page 1 of 3
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00-561S-U37- SERIALProgram Supplement
07-LA-0-DMBR
LRSPL-5455(017)
SPECIAL COVENANTS OR REMARKS
Page 2 of 3
1.
2.
3.
4.
All obligations of STATE under the terms of this Agreement are subject to the
appropriation of resources by the Legislature and the encumbrance of funds under this
Agreement. Funding and reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
Any State and Federal funds that may have been encumbered for this project are
available for disbursement for limited periods of time. For each fund encumbrance the
limited period is from the start of the fiscal year that the specific fund was appropriated
within the State Budget Act to the applicable fund Reversion Date shown on the State
approved project finance letter. Per Government Code Section 16304, all project funds
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and
approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving
applicable funds that is not received by the Department's Local Programs Accounting
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid.
These unexpended funds will be irrevocably reverted by the Department's Division of
Accounting on the applicable fund Reversion Date.
ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200,
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards (applicable to Federal and State Funded Projects).
This PROJECT is funded with State-Only funding from the Local Roadway Safety Plan
(LRSP) Program. ADMINISTERING AGENCY agrees to develop an LRSP under this
PROJECT.
The ADMINISTERING AGENCY agrees to follow all relevant State laws and
requirements including the California Environmental Quality Act (CEQA).
This PSA allows reimbursement of eligible PROJECT expenditures to the
ADMINISTERING AGENCY for which the LRSP State funds are allocated. The effective
State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to
start reimbursable work. Any work performed prior the effective allocation date is not
eligible for reimbursement from the LRSP funds.
ADMINISTERING AGENCY agrees that LRSP funds available for reimbursement will be
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00-561S-U37- SERIALProgram Supplement
07-LA-0-DMBR
LRSPL-5455(017)
SPECIAL COVENANTS OR REMARKS
Page 3 of 3
limited to the amount allocated and encumbered by the STATE consistent with the scope
of work in the STATE approved application. Funds encumbered may not be used for a
modified scope of work after a project is awarded unless approved by the Statewide
LRSP Coordinator prior to performing work.
ADMINISTERING AGENCY agrees to the program delivery and reporting requirements.
The study and the LRSP must be completed within thirty-six (36) months of the funding
allocation. The Final Report of Expenditure, the final invoice and the LRSP report must be
submitted to the DLAE within six (6) months of the report completion.
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Agenda #: 3.11
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: TRANSFER AND CONVEYANCE OF SANITARY SEWER PRIVATE
CONTRACT NO. DB 2011-01 LOCATED ON LARKSTONE DRIVE
(TRACT 63623, SOUTH POINT DEVELOPMENT) IN THE CITY OF
DIAMOND BAR TO THE LOS ANGELES COUNTY SEWER
MAINTENANCE DISTRICT FOR FUTURE OPERATION,
MAINTENANCE, REPAIR AND IMPROVEMENT.
STRATEGIC
GOAL:
Responsible Stewardship of Public Resources
RECOMMENDATION:
Adopt Resolution No. 2020-26 to transfer and convey the sanitary sewer on Larkstone
Drive (Tract 63623, South Pointe Development) to the Los Angeles County Sewer
Maintenance District.
FINANCIAL IMPACT:
No financial impact.
BACKGROUND/DISCUSSION:
On January 16, 1990, the City of Diamond Bar (City) adopted Resolution No. 89-32
whereby the City made certain warranties about its future transfers and conveyances of
sewer facilities to the Los Angeles Consolidated Sewer Maintenance District (District).
Sanitary Sewer Private Contract No. DB 2011-01 (Sewer), as shown in Attachment 2,
was designed and constructed as part of the improvements for Tract 63623, also known
as the South Pointe Development, to extend the existing sewer line on Larkstone Drive
to serve Larkstone Park and the South Pointe residential development.
The completed work on the Sewer is in accordance with the plans and specifications
approved by the City and the District. The Sewer was inspected by the City’s former
contract inspector, Hall & Foreman, Inc., based upon the satisfactory completi on of the
improvements per the approved plans. The County of Los Angeles Department of
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Public Works, as the approving agency for the District, in the letter dated August 30,
2011 (Attachment 3), found the Sewer to be in acceptable condition , and declared no
objections to the acceptance and annexation of the Sewer into the District.
It is recommended that the City Council adopt Resolution No. 2020-26 (Attachment 1)
requesting the District to accept the transfer and conveyance of the Sewer for future
operation, maintenance, repair and improvement.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.11.a Attachment 1 - Resolution No. 2020-26
2. 3.11.b Attachment 2 - Sewer Map
3. 3.11.c Attachment 3 - LA County Sewer Acceptance Letter
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RESOLUTION NO. 2020-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR REQUESTING THE LOS ANGELES COUNTY SEWER
MAINTENANCE DISTRICT TO ACCEPT THE TRANSFER AND
CONVEYANCE OF SANITARY SEWER PRIVATE CONTRACT NO. DB
2011-01 LOCATED ON LARKSTONE DRIVE IN THE CITY OF DIAMOND
BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND
IMPROVEMENT.
WHEREAS, Tract 63623 required the installation of a sanitary sewer as approved
by the City of Diamond Bar (“City”);
WHEREAS, The sanitary sewer has been installed, accepted and dedicated to, or
the City has otherwise acquired, the sewer improvements known as sanitary sewer
Private Contract No. DB 2011-01 (the “Improvements”), which improvements are
generally described in Exhibit A and shown in Exhibit B attached hereto;
WHEREAS, The City is authorized and empowered to transfer and convey to the
Los Angeles County Consolidated Sewer Maintenance District (“District”) any sewer
improvements for future operations, maintenance, repair a nd improvements;
WHEREAS, The City and the District entered into an agreement, whereby the City
made certain warranties about its future transfers and conveyances of sewer facilities to
the District; and
WHEREAS, The public interest will be served by transfer and conveyance of the
Improvements from the City to the District for future operation, maintenance, repair and
improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of
Diamond Bar as follows:
Section 1. That the City council of the City of Diamond Bar does hereby request
the District to accept the transfer and conveyance of the Improvements.
Section 2. That, subject to the acceptance thereof of the District, the City Engineer
is directed and ordered to prepare all necessary instruments and documents, to effectuate
said transfer and conveyance, and that the City Manager is authorized and instructed to
execute said instruments and documents. Reference is hereby made to As-Built drawing
for sanitary sewer Private Contract No. DB 2011-01 Pages 1 to 2; the plans and profile of
said Improvements on file in the Office of the City Engineer and on file of the Chief
Engineer of the District for further data as to the exact location, extent and description of
the Improvements.
PASSED, APPROVED, AND ADOPTED this 7th day of July, 2020.
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Resolution No. 2020-26
2
_____________________________
Steve Tye, 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 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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Resolution No. 2020-26
3
Exhibit A
Private Contract No. DB 2011-01
A vitrified clay pipe sewer system with a total length of approximately 778 linear feet and
appurtenant structures for Tract 63623 filed in Book 1395 at page 70, of Maps, Records
of the County of Los Angeles.
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Resolution No. 2020-26
4
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Agenda #: 3.12
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: CONSULTANT SERVICES AGREEMENT WITH HUSHMAND
ASSOCIATES, INC. FOR THE DESIGN OF DIAMOND BAR CENTER
SLOPE STABILIZATION PROJECT.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve, and authorize the Mayor to sign, a Consultant Services Agreement with
Hushmand Associates, Inc., in the amount of $73,500, plus a contingency amount of
$1,500 for a total authorization amount of $75,000.
FINANCIAL IMPACT:
Sufficient funds are included in the FY 20 20-2021 Capital Improvement Program. Funds
for the Diamond Bar Center Slope Stabilization Project are as follows:
Diamond Bar Center Slope
Stabilization Project #25120
Design
Budget
Encumbrance/
Expenses Balance
Building & Facilities Fund $75,000.00 $75,000.00
Consultant Services for Design
– Hushmand Associates, Inc. ($73,500.00) $1,500.00
Consultant Services for Design
Contingency (2%) ($1,500.00) $0
Balance $0
The total contingency amount of $1,500 will only be used in the event of unforeseen
circumstances that will warrant a contract change order.
BACKGROUND/DISCUSSION:
The Diamond Bar Center (DBC) at 1600 Grand Avenue is one of the greatest assets to
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the Diamond Bar community. The City-owned 22,500-square-foot facility located in the
picturesque Summitridge Park is frequently used as a venue for community activities for
both private/public events (Attachment A - Location Map).
The facility site was originally graded in the mid to late 1970’s as part of the
Summitridge Park improvements; with precise grading later in 2003 for the construction
of the building pad.
Following observation of minor distress, including potential footing and slab settlement
along the north and northwest facing slopes, an onsite geotechnical evaluation was
conducted in 2017. The evaluation identified natural and designed slopes with stability
issues and signs of soil “creep” (slow and gradual outward and downward) movements,
causing exterior distress in those areas of the DBC building and its surrounding slop es
as shown in Attachment B. The 2017 evaluation made high -level recommendations for
these issues to be monitored/addressed in order to protect structural integrity of the
building and the slopes.
On February 19, 2020, staff issued a Request for Proposal (RFP) for the engineering
design and preparation of construction documents for structural elements and mitigation
measures to address concerns that were identified in the 2017 evaluation.
Two (2) consulting firms submitted their proposals for the engineering services by the
due date of March 24, 2020, with the following proposed costs:
Consultant Fee
Hushmand Associates, Inc. $73,500
IMEG Corp. $40,900
The proposals were reviewed and evaluated based on:
• General responsiveness to the City’s RFP, including staff qualifications
• Staff and firm experience with projects in similar size and scope
• Approach and methodology proposed for this project
• Number of hours and level of effort
• Ability to meet the City’s time schedule and expectations
• References from previous projects
Considering the above criteria, a panel of staff reviewed the two proposals and ranked
the proposal by Hushmand Associates, Inc (HAI) higher. HAI submitted a full service
and thorough proposal which clearly detailed their methodology and approach while
identifying critical strategies/tasks that have been tailored specifically for this project. In
preparation of its proposal, HAI conducted a field investigation identifying several key
areas of the site that would require special attention.
Following are the specific tasks included in HAI’s proposal:
• Full Geotechnical Investigation Services; to include data review, lab testing,
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review of previous reports, geologic study, field testing, and report preparation;
• Joint Civil Engineering and Land Surveying Services; to maintain efficiency with
the proposed project schedule and obtain accurate updated background
information for the preparation of the remediation work;
• Structural Engineering Services; to provide structural calculations, structural
plans and specifications; and
• Landscape Architectural Services; to include the development of a plan for
landscape and irrigation improvements, planting, and remediation for stabilizing
the Diamond Bar Center earth slope, and seat wall design and specifications.
The scope of work in IMEG Corp.’s proposal, did not include adequate geotechnical
investigation, nor completely identified the necessary tasks/measures required for a
complete design.
Additionally, Hushmand Associates, Inc. has provided satisfactory design services for
similar projects in these following cities: Bellflower, La Habra, Los Angeles, Santa Ana,
and others.
The project schedule is tentatively set as follows:
Award of Contract July 7, 2020
Start of Design Work July 2020
Completion of Design Work September 2020
Staff recommends that the City Council approve the Consulting Services Agreement
with Hushmand Associates, Inc. to provide design services for the Diamond Bar Center
Slope Stabilization Project.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.12.a Contract Agreeement for Hushmand Associates, Inc.
2. 3.12.b Attachment A - Location Map
3. 3.12.c Attachment B - Area of Evaluation
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1
CONSULTING SERVICES AGREEMENT
Design Professional
THIS AGREEMENT (the "Agreement") is made as of July 7, 2020 by and
between the City of Diamond Bar, a municipal corporation ("City") and Hushmand
Associates, Inc, a California corporation ("Consultant").
1. Consultant's Services.
Subject to the terms and conditions set forth in this Agreement Consultant shall
provide to the reasonable satisfaction of the City the design services for the design of
the Diamond Bar Community Center Slope Stabilization Project set forth in the
attached Exhibit "A", which is incorporated herein by this reference. As a material
inducement to the City to enter into this Agreement, Consultant represents and warrants
that it has thoroughly investigated the work and fully understands the difficulties and
restrictions in performing the work. Consultant represents that it is fully qualified to
perform such consulting services by virtue of its experience and the training, education
and expertise of its principals and employees.
Christian Malpica, Associate Engineer (herein referred to as the “City’s Project
Manager”), shall be the person to whom the Consultant will report for the performance
of services hereunder. It is understood that Consultant shall coordinate its services
hereunder with the City’s Project Manager to the extent required by the City’s Project
Manager, and that all performances required hereunder by Consultant shall be
performed to the satisfaction of the City’s Project Manager and the City Manager
2. Term of Agreement. This Agreement shall take effect June 2, 2020, and
shall continue unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service
which Consultant performs to the satisfaction of City in compliance with the scope of
services set forth in Exhibit "A". Payment will be made only after submission of proper
invoices in the form specified by City. Total payment to Consultant pursuant to this
Agreement shall not exceed Seventy-Three Thousand Five Hundred Dollars ($73,500
) without the prior written consent of the City. The above not to exceed amount shall
include all costs, including, but not limited to, all clerical, administrative, overhead,
telephone, travel and all related expenses.
4. Payment.
A. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work
actually performed or incurred.
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B. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
C. City will pay Consultant the amount invoiced the City will pay Consultant
the amount properly invoiced within 35 days of receipt, but may withhold 30% of any
invoice until all work is completed, which sum shall be paid within 35 days of completion
of the work and receipt of all deliverables.
D. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
5. Change Orders. No payment for extra services caused by a change in
the scope or complexity of work, or for any other reason, shall be made unless and until
such extra services and a price therefore have been previously authorized in writing and
approved by the City Manager or his designee as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time, if any, and
adjustment of the fee to be paid by City to Consultant.
6. Priority of Documents. In the event of any inconsistency between the
provisions of this Agreement and any attached exhibits, the provisions of this
Agreement shall control.
7. Status as Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with Workers' Compensation laws
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable Worker's Compensation laws.
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D. Consultant shall, at Consultant’s sole cost and expense fully secure
and comply with all federal, state and local governmental permit or licensing
requirements, including but not limited to the City of Diamond Bar, South Coast Air
Quality Management District, and California Air Resources Board.
E. In addition to any other remedies it may have, City shall have the
right to offset against the amount of any fees due to Consultant under this Agreement
any amount due to City from Consultant as a result of Consultant's failure to promptly
pay to City any reimbursement or indemnification required by this Agreement or for any
amount or penalty levied against the City for Consultant’s failure to comply with this
Section.
8. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions and represents that it and any subcontractors it may engage, possess
any and all licenses which are required to perform the work contemplated by this
Agreement and shall maintain all appropriate licenses during the performance of the
work.
9. Indemnification. To the maximum extent permitted by Civil Code section
2782.8, Consultant shall indemnify and hold harmless City, its officers, officials,
employees and volunteers ("Indemnitees") from and against all liability, loss, damage,
expense, cost (including without limitation reasonable attorneys' fees, expert fees and
all other costs and fees of litigation) of every nature arising out of or in connection with:
(1) Any and all claims under Worker’s Compensation acts and other employee
benefit acts with respect to Consultant’s employees or Consultant’s contractors;
(2) Any and all claims arising out of Consultant's performance of work hereunder
or its failure to comply with any of its obligations contained in this Agreement. Should
City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant
shall reimburse the City its costs of defense, including without limitation reasonable
attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant
shall promptly pay any final judgment rendered against the Indemnitees. Except for the
Indemnitees, this Agreement shall not be construed to extend to any third-party
indemnification rights of any kind; and
(3) Any and all claims for loss, injury to or death of persons or damage to
property caused by the negligent professional act or omission in the performance of
professional services pursuant to this Agreement.
(4) The Consultant's obligations to indemnify, defend and hold harmless the City
shall survive termination of this Agreement.
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10. Insurance.
A. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, with an insurance company authorized to do
business in the State of California and approved by the City the following insurance:
(1) a policy or policies of broad-form comprehensive general liability
insurance written on an occurrence basis with minimum limits of $2,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement;
(2) property damage insurance with a minimum limit of $500,000.00 per
occurrence;
(3) automotive liability insurance written on an occurrence basis covering
all owned, non-owned and hired automobiles, with minimum combined single limits
coverage of $1,000,000.00;
(4) Worker's Compensation insurance when required by law, with a
minimum limit of $500,000.00 or the amount required by law, whichever is greater; and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $2,000,000. If
such insurance is on a claims made basis, Consultant agrees to keep such insurance in
full force and effect for at least five years after termination or date of completion of this
Agreement.
B. The City, its officers, employees, agents, and volunteers shall be named
as additional insureds on the policies as to comprehensive general liability, property
damage, and automotive liability. The policies as to comprehensive general liability,
property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
C. All insurance policies shall provide that the insurance coverage shall not
be non-renewed, canceled, reduced, or otherwise modified (except through the addition
of additional insureds to the policy) by the insurance carrier without the insurance carrier
giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not
cancel, reduce or otherwise modify the insurance coverage and in the event of any of
the same by the insurer to immediately notify the City.
D. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement and except for professional liability insurance, shall be
issued by an insurance company which is authorized to do business in the State of
California or which is approved in writing by the City; and shall be placed have a current
A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance,
such coverage shall be issued by companies either licensed or admitted to conduct
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business in the State of California so long as such insurers possesses the
aforementioned Best's rating.
E. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum insurance requirements above, and (2) insurance policy
endorsements or a copy of the insurance policy evidencing the additional insured
requirements in this Agreement, in a form acceptable to the City.
F. Self-Insured Retention/Deductibles. All policies required by this
Agreement shall allow City, as additional insured, to satisfy the self-insured retention
(“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured)
should Consultant fail to pay the SIR or deductible requirements. The amount of the
SIR or deductible shall be subject to the approval of the City. Consultant understands
and agrees that satisfaction of this requirement is an express condition precedent to the
effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR
or deductible constitutes a material breach of this Agreement. Should City pay the SIR
or deductible on Consultant’s due to such failure in order to secure defense and
indemnification as an additional insured under the policy, City may include such
amounts as damages in any action against Consultant for breach of this Agreement in
addition to any other damages incurred by City due to the breach.
G. Subrogation. With respect to any Workers' Compensation Insurance or
Employer's Liability Insurance, the insurer shall waive all rights of subrogation and
contribution it may have against the Indemnitees.
H. Failure to Maintain Insurance. If Contractor fails to keep the insurance
required under this Agreement in full force and effect, City may take out the necessary
insurance and any premiums paid, plus 10% administrative overhead, shall be paid by
Consultant, which amounts may be deducted from any payments due Consultant.
I. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor
to the City for review and approval. All insurance for subcontractors shall be subject to
all of the requirements stated herein.
11. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
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12. Ownership of Materials. Except as specifically provided in this
Agreement, all materials provided by Consultant in the performance of this Agreement
shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Consultant may, however, make and retain such copies of said
documents and materials as Consultant may desire.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant and its subcontractors shall maintain
reasonably full and complete books, documents, papers, accounting records, and other
information (collectively, the “records”) pertaining to the costs of and completion of
services performed under this Agreement. The City and any of their authorized
representatives shall have access to and the right to audit and reproduce any of
Consultant's records regarding the services provided under this Agreement. Consultant
shall maintain all such records for a period of at least three (3) years after termination or
completion of this Agreement. Consultant agrees to make available all such records for
inspection or audit at its offices during normal business hours and upon three (3) days'
notice from the City, and copies thereof shall be furnished if requested.
14. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
15. Termination. The City may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to Consultant. The effective date of
termination shall be upon the date specified in the notice of termination, or, in the event
no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the
event of such termination, City agrees to pay Consultant for services satisfactorily
rendered prior to the effective date of termination. Immediately upon receiving written
notice of termination, Consultant shall discontinue performing services, unless the
notice provides otherwise, except those services reasonably necessary to effectuate the
termination. The City shall be not liable for any claim of lost profits.
16. Personnel/Designated Person. Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the services under this
Agreement. All of the services required under this Agreement will be performed by
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Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services. .
17. Non-Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion,
sex, marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation, in the performance of its services and duties pursuant to
this Agreement, and will comply with all rules and regulations of City relating thereto.
Such nondiscrimination shall include but not be limited to the following: employment,
upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees
placed by or on behalf of Consultant state either that it is an equal opportunity employer
or that all qualified applicants will receive consideration for employment without regard
to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work or as may otherwise be agreed to by and
between the Project Manager and the Consultant.
19. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
20. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension of time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to
the length of the delay outside Consultant’s control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing, why
the delay has caused additional costs to be incurred and the exact amount of such cost
within 10 days of the time the delay occurs. No additional costs can be paid that
exceed the not to exceed amount absent a written amendment to this Agreement. In no
event shall the Consultant be entitled to any claim for lost profits due to any delay,
whether caused by the City or due to some other cause.
21. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
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the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
22. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
24. (Reserved)
25. Mediation. Any dispute or controversy arising under this Agreement, or in
connection with any of the terms and conditions hereof, which cannot be resolved by
the parties, may be referred by the parties hereto for mediation. A third party, neutral
mediation service shall be selected, as agreed upon by the parties and the costs and
expenses thereof shall be borne equally by the parties hereto. The parties agree to
utilize their good faith efforts to resolve any such dispute or controversy so submitted to
mediation. It is specifically understood and agreed by the parties hereto that mutual
good faith efforts to resolve the same any dispute or controversy as provided herein,
shall be a condition precedent to the institution of any action or proceeding, whether at
law or in equity with respect to any such dispute or controversy.
26. Notices.Any notices, bills, invoices, or reports required by this
Agreement shall be deemed received on (a) the day of delivery if delivered by hand
during regular business hours or by facsimile before or during regular business hours;
or (b) on the third business day following deposit in the United States mail, postage
prepaid, to the addresses heretofore set forth in the Agreement, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this section.
“CONSULTANT” “CITY”
Hushmand Associates, Inc. City of Diamond Bar
250 Goddard 21810 Copley Drive
Irvine, CA 92618 Diamond Bar, CA 91765-4178
Attn.: Ben Hushmand Attn.: David G. Liu, Director of Public
President Works/City Engineer
Phone: 949 777-1266 Phone:909 839-7042
E-Mail: ben@haieng.com E-mail:dliu@diamondbarca.gov
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DESIGN OF DIAMOND BAR COMMUNITY CENTER SLOPE STABILIZATION PROJECT
Diamond Bar, California
City Project No. 25120
Proposal for Engineering Services for
Exhibit A3.12.a
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Hushmand Associates, Inc.
250 Goddard
Irvine, CA 92618
p. (949) 777‐1266
w. haieng.com
e. hai@haieng.com
April 27, 2020
Revised April 27, 2020
City of Diamond Bar
21810 Copley Drive
Diamond Bar, CA 91765
Attn.: Mr. Nasser Abbaszadeh, PE
Contract Deputy City Engineer
SUBJECT: Revised Proposal for Engineering Services for
Design of Diamond Bar Community Center Slope Stabilization Project
City of Diamond Bar, California
HAI Proposal No. P20‐0324
Dear Mr. Abbaszadeh:
Hushmand Associates, Inc. (HAI) is pleased to submit this Revised Proposal to City of Diamond
Bar (City) for Diamond Bar Community Center Slope Stabilization Project (Project) in the City of
Diamond Bar, California. This proposal is prepared in response to the Request for Proposal (PFP)
dated 02/19/2020.
Should you have any questions or comments please do not hesitate to contact us at your
convenience.
Very truly yours,
Hushmand Associates, Inc.
Ben Hushmand, PhD, PE
President, Principal Engineer
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Table of Contents
Part I PROJECT BACKGROUND – GEOLOGIC CONDITIONS OVERVIEW ...................................... 1
Part II GEOTECHNICAL ENGINEERING CONDITIONS ................................................................... 2
Part III PROPOSED SUBSURFACE EXPLORATION AND OPTIONAL MONITORING PLAN ............... 6
Part IV PROPOSED SURVEY, CIVIL AND STRUCTURAL ENGINEERING SCOPE OF SERVICES ......... 7
Part V ESTIMATED PROJECT SCHEDULE AND ASSOCIATED BUDGET .......................................... 9
LIST OF FIGURES
Figure 1a Geologic/Geotechnical Map of the DBCC Building
Figure 1b Geologic/Geotechnical Map of the DBCC Building
Figure 2 2017 DBCC Floor Level Survey
Figure 3 Proposed Topographic Survey
LIST OF APPENDICES
Appendix A Team Qualifications and Experience
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PART I PROJECT BACKGROUND – GEOLOGIC CONDITIONS OVERVIEW
Regional Conditions: The Diamond Bar Community Center (DBCC) site is located in the Puente
Hills at the northern end of the Peninsular Ranges geomorphic province of California near the
transition to the Transverse Ranges province. Regional stresses in this area transition across a
complex boundary from the generally right lateral pattern of the Peninsular Ranges to the
compressional stresses typical of the transverse ranges. These stresses have contributed to the
uplift and deformation of a thick section of Marine, sedimentary rocks, forming the southeasterly
trending Puente and Chino Hills which separate the eastern Los Angeles Basin on the southwest
from the Chino Basin on the northeast.
Local Conditions: The DBCC site is generally underlain by the Upper Miocene‐age Yorba Member
of the Puente Hills geologic formation, which generally dips gently (10 to 25 degrees) to the north
and northeast. Bedrock beneath the site consists primarily of sandstone, siltstone and claystone
of Marine origin that has been deformed into a low to moderate, generally easterly inclination.
This unit, reportedly consists of thinly‐bedded siltstone and interbeds of fine‐ to medium‐grained
sandstone; commonly with clay‐rich seams/laminations within the siltstone unit.
The DBCC is situated along a ridgeline elevated above the west edge of a residential
development. The ridgeline was graded in stages beginning in the 1970’s; with major grading in
2003 to develop the existing building pad. The building pad is surrounded by descending earth
slopes consisting of a combination of natural slopes and slopes of compacted, artificial fill. These
materials are considered part of the Yorba Linda Member of the Puente Formation by Leighton
(2001); but are mapped by Dibblee as unassigned shale of the Monterey Formation similar to the
Yorba and La Vida Members of the Puente Formation by previous workers (Dibblee, 2001). Also
included in this sequence are relatively thin layers of yellowish‐gray dolomite. Units of
conglomerate mapped in the area are not reported to have been encountered during the site
development.
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PART II GEOTECHNICAL ENGINEERING CONDITIONS
A geologic/geotechnical map of the DBCC building site and vicinity is included as Figure 1 of this
proposal. This map shows: a) approximate surface extent of encountered geologic units; b)
primary slope areas (numbered 1 through 5); and c) location of geologic cross sections A‐A’
through G‐G’. A few 2017 and 2020 observations pertinent to this Slope Stabilization project are
discussed in the following paragraphs.
Past Observations of Apparent Ground movement:
2017 Exterior Surface Damage Reconnaissance: Willdan Geotechnical (WG, 2017) described
evidence of apparent ground movement around the DBCC building, including (WG Photos 1 and
2), swale cracks (WG Photo 3), crack on wall on NE slope (Photo 4). WG concluded these damages
were the result of slope creek.
2017 Floor Level Survey ‐ Inferred Ground Floor Deformation: A floor level survey of the DBCC
building was conducted by Willdan Geotechnical (WG, 2017) using a manometer. The results are
graphically summarized in Figure 2 of this proposal. The WG report summarizes findings of their
geotechnical services (data review and a floor level survey), indicating that “the distress in general
consists of potential footing and slab settlements including concrete slab on grade and exterior
concrete flatwork along the north/northwest perimeter of the building.”
The work consisted of a single survey of the lower floor using roughly a ten‐foot grid of survey
points. Exterior concrete along the northerly edge of the building was surveyed as well using a
somewhat tighter grid. There is no known follow‐up topographic survey to document any floor
movements/changes over time.
As shown in Figure 2, the survey of the interior slab revealed a maximum differential from level
of about one inch (1 + 0.3 inch) between the southeast and northwest edges of the building.
There is some indication of a pattern of slight depression along the northwest edge of the building
and in the southeasterly corner, though the magnitude of these depressions is minimal. The
maximum deviation from level occurs near the center of the northwesterly edge of the building
with a depression of 0.7 inch below the reference point.
By and large, these deviations from level floor appear to be relatively minor, and mostly within
normal construction tolerances except possibly for the northwestern side of the DBCC building
and adjacent gallery area. The survey of the exterior flatwork shows a general inclination toward
the north of an estimated 1 ‐ 1½% (there is no scale on the drawing) which is fairly typical for
flatwork drainage. The flatwork at the northern corner of the building reflects an inclination of
about 1% at the southern edge, but is depressed across a fairly steep incline at the northern edge.
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Apparent Signs of Surficial Slope “Creep”, and Need for Surface Drainage and Erosion Control
Improvements
Earth slopes located east of stabilized slopes and northeast of the DBCC Building, reportedly (WG,
2017) still shows apparent signs of soil “creep” (slow and gradual outward and downward)
movement, and additional surface drainage and erosion control measures may be considered.
Preliminary Assessment of Northern Earth Slope Stability Conditions
The north‐northwest (N‐NW) facing earth slopes, which are located adjacent to the N‐NW side
of the existing City of Diamond Bar Community Center (DBCC) building, are designated in
geotechnical reports by Leighton & Associates (L&A, dated 2001 and 2003) as primarily “Slope 2”
and also adjacent “Slope 3”, and are shown in plain view and cross section in the following
documents:
Preliminary Geotechnical Report by L&A (2001): Geotechnical Map [Plate 1] and Geologic
Sections B‐B’, C‐C’ and D‐D’ [Plate 2]; and
Final Rough Grading Geotechnical Report by L&A (2003): As‐Graded Geotechnical Map
[Plates 1 and 2 for west and east areas], Density Test Locations Map [Plates 3 and 4 for
west and east areas, respectively], and Geologic Sections C‐C’, D‐D’, E‐E’ & G‐G’ [Plates 5
through 7, respectively].
Sections D‐D’ and C‐C’ exhibit subsurface stratigraphy with bedding planes having an out‐of‐slope
component being stabilized by the construction of a stability fill being founded in a 40‐ to 50‐
foot‐wide keyway with a bottom elevation of 1,110 feet MSL. Ground surface elevations range
from approximately 1,200 feet at the top to 1,060 feet above mean sea level (MSL) at the bottom,
with a slope height roughly up to 140 feet. Geologic conditions mapped during site rough grading
at the western portion of the key, indicated bedding orientations more adverse than originally
anticipated, so an area of restricted development was reportedly established instead of
constructing additional remedial measures (such as geogrid reinforcement). The eastern portion
of the key, where most of the DBCC building is located, reportedly encountered a tight anticline
fold combination, and conditions were generally as anticipated.
General Nature and Potential Behavior of Fine‐Grained Compacted Fill Materials Derived from
Excavated Bedrock
Excavated materials, may be generally characterized as sandy fine‐grained soils (namely, silts and
clays) when placed as a compacted, engineered fill. Two reported expansion index (EI) tests
performed on these materials (L&A, 2001 and 2003) were 43 and 64.
No plasticity index (PI) or clay‐size‐fraction (minus 2 micron, or CF) test data were apparently
reported. Our review of the relatively high natural moisture contents of some laboratory‐tested
soil samples (as well as some 542 in‐place moisture content and density tests completed during
rough site grading) strongly suggested a significant clay fraction in these materials, which were
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excavated and subsequently used as a compacted/engineered fill during grading of the slopes,
and in construction of buttress fills and keyways.
The Yorba Member of Puente Hills Formation in the project region (within about three miles from
the DBCC), often classify as lean to fat clays (CL to CH) with sand, as well as clayey elastic silt (MH)
with sand and clayey sand (SC), with certain geotechnical characteristics, such as including clay
minerals of medium to high clay activity index (PI/CF). Such materials, are potentially more
vulnerable to shrinkage and swelling upon moisture cycles, namely, categorized as “expansive”
soils. Movement of expansive soils can have significantly adverse impact on floor slabs, lightly‐
loaded shallow foundations, and slope movements, summarized as follows.
Post‐Construction Floor Heave or Settlement due to “Expansive” Nature of Soils: Soils derived
from the Yorba Member in the region, often exhibit expansion indices (EI) of roughly 70 to 110,
with clay activity indices (CAI) of roughly 0.35 to 1.85. This would make them prone to cycles of
significant volumetric changes upon moisture changes, even without changes in the magnitude
of applied external/surface loads. Namely, they may be exposed to shrinkage and swelling, upon
drying and wetting cycles as a result of seasonal weather changes, irrigation or other man‐made
activities.
Expansive‐soil‐related ground movements, if proven possible or probable at the DBCC site, could
in turn result in movement of lightly‐loaded structures such as slabs on grade, pavements, and
shallow foundations. This may in turn result in opening of new cracks and/or expansion of any
existing cracks, particularly where structures are unreinforced (concrete, masonry, asphaltic
pavement) or may cause additional separation at concrete hardscape joints.
This kind of ground movements can also result in tensile rupture of joints along underground
utility lines (water lines for domestic use, emergency/fire and irrigation). In addition,
“hydrocompression” upon wetting may potentially occur in compacted fills and certain high‐
porosity soils (with a relatively more open porous structure), namely soils of relatively low in‐
place dry density.
Clayey Soils Underlying Adjacent Slopes: Ground movements in clayey, expansive soils may be
caused or exacerbated by the presence of a nearby earth slope, potentially resulting in a
significant horizontal component of ground deformations, and a very slow long‐term slope
“creeping” and “lateral fill expansion” phenomenon.
Prospective (Optional) DBCC Building and Adjacent Slope Displacement Monitoring: Although
no signs of significant DBCC building distress and exterior hardscape damage are observed at this
point, it may be prudent to give consideration to additional monitoring of physical conditions and
displacements/deformations of the DBCC building floor and adjacent descending earth slopes,
should ground displacements continue. In anticipation and preparation for that event, a
preliminary Work Plan for building monitoring could be drafted at this time. This may include a
combination of the following optional methods:
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a)Exterior topographic survey(s), including key points of the DBCC building, exterior
hardscape, the upper portion of the adjacent descending earth slope, within an extent
approximately shown on Figure 3 of this proposal.
b)Floor‐level survey(s) of DBCC building interior and adjacent exterior hardscape.
c)Installation of crack monitoring gauges (CMG) at carefully selected locations of the
building, such as any observed new crack, or apparent separation of hardscape joints, or
relative movement between building walls, or between wall and floor or wall and ceiling,
for example.
d)Installation of a slope inclinometer casing: at the top of the N‐NW facing earth slope, to
monitor potential future significant ground lateral displacements that may affect the
DBCC building.
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PART III PROPOSED SUBSURFACE EXPLORATION AND OPTIONAL MONITORING PLAN
HAI preliminarily proposes to perform limited geotechnical field exploration consisted of a few
(2 to 4) backhoe test pits on the N‐NW‐facing earth slopes to explore and test the nature of
surficial soils underlying these slopes. This geotechnical investigation, anticipated
implementation schedule and associated budget, is summarized in Table 1 of this proposal.
Installation of ground movement monitoring devices previously summarized, may be considered
as well. This monitoring will be recommended as a Phase 2 (optional) scope of work following
completion of the field investigation, if it were deemed necessary to confirm preliminary
hypotheses and to help implement mitigation measures.
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PART IV PROPOSED SURVEY, CIVIL AND STRUCTURAL ENGINEERING SCOPE OF
SERVICES
The proposed Project Team, principal professionals and primary responsibilities selected by HAI
to conduct the proposed DBCC Slope Stabilization, is composed by the following firms,
Jason Rolfsness, Third Gen, General Civil Engineers;
Hernan Montoya, Arcon Structural Engineers;
Jeff W. Kim, Cornerstone Studios, Inc. (CSI) – Landscape Architecture;
Eric Metz, METZ Surveying Inc., Land Surveyors; and
B. Hushmand, N. Nitharsan, C. Sexton and E. Vicente – Hushmand Associates, Inc.,
geotechnical and earthquake engineers.
Qualifications and Experience of these firms are presented in Appendix A of this proposal.
Civil Engineering and Land Surveying Services: To maintain efficiency with the proposed project
schedule, we propose proceeding with the site supplemental ground survey concurrently with
the geotechnical investigation. This may include the optional survey scope of services of the
interior of the DBCC to confirm if additional movement has occurred since the Willdan floor
survey in 2017. The updated supplemental survey will provide the design team an accurate
updated background for further documentation purposes. Following the completion of the
topographic survey, we will research and compile the available as‐built drawings of the existing
utilities and create a utility base file for the extents shown in Figure 3 – Limits of Supplemental
Ground Survey.
Upon the completion of the Geotechnical Investigation and review of the recommendations. The
design team will propose the most efficient remediation for the City to review. Once an
agreement is reached for the proposed solution, construction documentation will begin. The
construction documentation (CDs) will include a Title Sheet, Demolition Sheet, Proposed
Improvements (Grading and Drainage), Erosion Control Measures, and applicable construction
details and sections.
The current fee estimates are based on the anticipated solution proposed by Willdan’s
assessment that a retaining wall with caisson and grade beam would be an acceptable solution
with additional hardscape and drainage improvements to address surface water discharge. This
proposal does not include engineering support services during construction.
Structural Engineering Services: proposed for the subject project include the following tasks,
Initial site visit, review existing documents and data collection;
Structural plans, calculations and material specifications;
Project coordination and meetings; and
Plan check process.
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With the following deliverables:
Structural Calculations: one electronic copy of the structural calculations to the Client, prepared
under the supervision of a licensed structural engineer, including submittal for review by City of
Diamond Bar.
Structural Plans: coordinated with the civil drawings, after receiving from accurate wall stationing
and profiles. One electronic set of structural plans, signed and sealed by a licensed structural
engineer for submittal to, and review by, the City of Diamond Bar. Three structural sheets are
anticipated will be prepared by the Consultant for the Project, as follows:
Structural General Notes and Details
Retaining Wall Plan and Profile
Structural Details
Structural Specifications: The Consultant will prepare structural material specifications for the
Project by way of general notes to be incorporated into the structural plans, and/or review and
“red‐mark” structural specifications prepared by the Client's specification writer, for compliance
with the structural design.
Additional services not included: with this fee at this time, but which may be provided upon
request are listed below.
Construction support: including response to R.F.I's., contractor submittal review,
construction coordination meetings, etc.;
Site visits: to perform structural observation; and
Record plans preparation.
Landscape Architecture Services: will include a plan for landscape and irrigation repair, planting
and remediation for stabilizing the DBCC earth slope, and seat wall design and specifications
(PS&E), required for bidding and construction of the improvements. This plan will be developed
in three phases, as summarized below:
Phase 1 – Schematic Design: comprising, compilation of available data, development of a
conceptual design plan in scale 1” = 10 feet, and a plant/landscape photo sheet for that
can be reviewed by the City, and attendance to kick‐off meeting.
Phase 2 – 65% and 100% PS&E Submittals: Preparation of construction drawings in scale
1” = 10 feet, using 24” by 36” format, and construction specifications. It is assumed that
irrigation plans and details will connect to the existing irrigation system, based on “as‐
built” drawings provided by, and input from the maintenance representative of the City
of Diamond Bar. It is tentatively assumed the proposed limits of planting would be
approximately 5,000 square feet.
Phase 3 – Bid Support: including response to requests for information (RFIs).
Additional services can be provided during construction of the proposed improvements, as a
separate optional item.
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PART V ESTIMATED PROJECT SCHEDULE AND ASSOCIATED BUDGET
It is anticipated that data review can be completed by HAI within approximately 2 to 3 weeks
after receiving written Notice to Proceed (NTP) from the City of Diamond Bar. The proposed field
tasks, including geotechnical investigation and supplementary land surveying, can be completed
within 5 weeks after NTP. Draft geotechnical report can be provided for City review within 7 to
8 weeks after NTP. Response to geotechnical review comments and final geotechnical report will
be provided within two weeks after receiving review comments from the City.
Completion of draft plans and specifications, including land surveying, civil and structural
engineering services can be completed within 10 weeks after receiving review comments from
the City.
Estimated budget for completion of the above‐listed tasks is provided in summary Table 1 of this
proposal for an estimated total of $73,500. Optional and recommended additional tasks, if
required by the City for completion of this project, are provided in Table 2 of this proposal.
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TABLES
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Task No. DescriptionLabor UnitsHourly FeeSubtotal Total Remarks, Cost Assumptions(hours) ($/hr) ($) ($)1 Data Review$4,2401a ‐ Review of project civil, structural and landscaping design and "as‐built" DBCC plans by Hunsacker & Associates (2002) and others.24 $130 $3,120Civil and structural engineering project plans (16 sheets): rough and precise grading plans, erosion control plans, demolition plans, storm drain and utility plans, as well as architectural and landscape architecture plans (32 sheets). 1b ‐ Review of geotechnical preliminary and rough grading reports by Leighton & Associates (L&A, 2001, 2003), and by Willdan Geotechnical (WD, 2017).8 $140 $1,120 Relevant slope geologic exploration and mapping data, in‐situ and geotechnical laboratory testing data from rough grading.2 Field Exploration$12,5452a ‐ Supplemental topographic survey on upper N‐NW slopes $5,345Area at top of slope, as indicated in Figure 3 for this proposal.2b ‐ Utility Research and Base File Creation $2,800 Geologic mapping and logging of sides and bottom of test pits, selected soil sampling.2c ‐ Geologic reconnaissance and mapping of N‐NW Slope 16 $140 $2,240 Geologic mapping and logging of sides and bottom of test pits, selected soil sampling.2d ‐ Exploratory Test Pit ‐ excavation, geologic logging and soil sampling (within upper 5' to 12').12 $180 $2,160 Backhoe test pit excavation equipment. Test pit to be backfilled with excavated soils, compacted with the backhoe shovel.3 Laboratory Testing$5,1003a ‐ Soil Classification, Physical Index Property Testing 2 $300$600 Sets of in‐place moisture content, dry density, particle size distribution and Atterberg limits of selected soil specimens collected from test pits.3b ‐ Engineering Property Testing 3 $1,500 $4,500 Soil expansion index, hydrocompaction potential (1D consolidation), direct shear strength, compaction, corrosion potential. 4 Geologic/Geotechnical Characterization$3,4404a ‐ Development of an upper earth slope and DBCC building cross section, interpreted from readily available data.16 $140 $2,240Based on available downhole geologic logs of bucket auger borings [B‐1, B‐2, B‐3 and B‐5] extending to 60 to 85 feet of depth through surficial soils and underlying bedrock performed by L&A (2001), plus geologic mapping records developed during construction by L&A (2003), including fill compaction test data, supplemented by proposed HAI test pits logs.4b ‐ Material property characterization and , and confirmatory slope stability analysis (one section) and settlement analysis.8 $150 $1,200 Based on available laboratory test data by L&A (2001, 2003), supplemented by proposed HAI laboratory test data.5 Geotechnical Report Preparation (Draft and Final) $5,4655a ‐ Draft Report, submitted for review and comments by the City lump $4,165Including results of available data review, field exploration, laboratory testing, refine geologic/geotechnical characterization data, engineering analysis, discussion and conclusions and recommendations for mitigative measures (retaining wall, drainage, erosion control), and DBCC building and adjacent N‐NW earth slope monitoring plan where required.5b ‐ Final Report (includes one round of review comments). lump $1,300 Incorporating City of Diamond Bar review comments.6 Preparation of Design and Construction Documentation (CD) $41,4106a ‐ Civil Plans: Retaining Wall Plans and Supplementary Surface Drainage, Erosion Control and Landscape Architecture Plans.$18,165Title sheet, demolition sheet, proposed improvements (grading and drainage), erosion control measures, applicable construction details and sections, coordination, technical specifications and Engineering Quantity/Cost Estimate.6b ‐ Structural Engineering Plans: Retaining Wall Plans, Calculations. $10,370Including initial site visit, review of documentation, structural calculations, development of structural plans, material specifications, projectcoordination ). Anticipated work includes grade beam and caison design calculations, and three sheets of plans (Structural general notes and details; retaining wall plan and profile; structural details). Fees for providing construction supervision, site visits to perform structural observations, preparation of record plans, are not included in this estimate.6c ‐ Landscape Architecture: around new retaining wall and upper N‐NW earth slope.$12,875Including plans of reworked area, after construction of wall and supplementary surface drainage, and erosion control improvements. Phase 1 – Schematic Design: comprising, compilation of available data, development of a conceptual design plan in scale 1” = 10 feet, and a plant/landscape photo sheet for that can be reviewed by the City, and attendance to kick‐off meeting.Phase 2 – 65% and 100% PS&E Submittals: Preparation of construction drawings in scale 1” = 10 feet, using 24” by 36” format, and construction specifications. It is assumed that irrigation plans and details will connect to the existing irrigation system, based on “as‐built” drawings provided by, and input from the maintenance representative of the City of Diamond Bar. It is tentatively assumed the proposed limits of planting would be approximately 5,000 square feet.Phase 3 – Bid Support: including response to requests for information (RFIs). Construction supervision, if required, is not included in this estimate. 7 Project Team Meetings and Miscellaneous Consultations $1,3007a ‐ Project Team, Meeting 1 $1,300 $1,300 One hour meeting at the DBCC, attended by 2 or 3 HAI team members.5345TOTAL ESTIMATED BUDGET$73,5002096526310Table 1 ‐ REVISED Budget Estimate ‐ Diamond Bar Community Center (DBCC) Slope Stabilization Project3.12.aPacket Pg. 177
FIGURES
3.12.a
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Figure 1a .Geologic/Geotechnical Map of the DBCC Building3.12.aPacket Pg. 179
Figure 1b .Geologic/GeotechnicalMap of the DBCC Building3.12.aPacket Pg. 180
Drawn By:AM Date:August 24, 2017
FIGURE 3. FLOOR LEVEL SURVEY
Geotechnical Evaluation of Observed Distress on and around the Diamond Bar
Community Center, 1600 Grand Avenue, Diamond Bar, California
Approved By:RK Project No. 106676-1012
1
1
0
0
+0.2"
+0.2"
+0.2"
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+1"
+1.1"+1.4"
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-4.9"
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+1.3"
+0.5"
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+ Shows Higher Elevation Compared to the Index Point
-Shows Lower Elevation Compared to the Index Point
Boundary Separating Predominantly Lower and
Higher Elevations
Exterior Concrete Flat Work area
Concrete Slab on Grade Area
Monometer Reading
Index Point
+0.1"
Figure 2. 2017 DBCC
Floor Level Survey
3.12.a
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EXHIBIT A
LIMITS OF SUPPLEMENTAL GROUND SURVEY
Limit of Detailed Supplement Ground Topography
Include: EOP, Conc. Lip, FL, TC, Back of Sidewalk, grade breaks and
sufficient AC spots for relative slopes. Information on both sides of property
boundary for grading tie-in. All Surface Utilities and Dip Storm Drain facilities.
1600 Grand Avenue
Diamond Bar, CA 91765
Figure 3. Proposed Topographic Survey
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3.12.b
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EXHIBIT A
LIMITS OF SUPPLEMENTAL GROUND SURVEY
Limit of Detailed Supplement Ground Topography
Include: EOP, Conc. Lip, FL, TC, Back of Sidewalk, grade breaks and
sufficient AC spots for relative slopes. Information on both sides of property
boundary for grading tie-in. All Surface Utilities and Dip Storm Drain facilities.
1600 Grand Avenue
Diamond Bar, CA 91765
Figure 3. Proposed Topographic Survey
Attachment B - Area of Evaluation
Diamond Bar Center
Soil "Creep" Movement Area
3.12.c
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Agenda #: 3.13
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: NOTICE OF COMPLETION FOR THE INSTALLATION AND
IMPLEMENTATION OF THE ADAPTIVE TRAFFIC CONTROL SYSTEM
PROJECT (PROJECT#24616)
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Approve and authorize the Public Works Director/City Engineer to file the Notice of
Completion.
FINANCIAL IMPACT:
The implementation of the Adaptive Traffic Control System (ATCS) is part of a multi -
year Capital Improvement Project. Funding for the ATCS is provided from Prop A and
Metropolitan Transportation Authority (Metro) Grant Funds. Total funding is $1,760,000.
The final installation and implementation cost of the project by Siemens Mobility, Inc. is
$1,122,973.10 which includes the authorized original contract amount of $666,525,
Change Order No.1 in the amount of $32,755.10, Amendment No. 1 in the amount of
$181,621, Amendment No.2 in the amount of $247,072, and Change Order No.2
in the amount (deductive) of $5,000.
The overall approved cost of the multi-phase/multi-year project is $1,445,110.10, which
is $314,889.90 under the total budget of $1,760,000.
The overall project funding expenditures are identified below.
Previous ATCS Related
Projects Procurement Encumbranc
e/ Balance
FY 16/17 & FY17/18 & FY
18/19 & FY 19/20 and Expenses
Project #24616 Implementation
Budget
3.13
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Prop A Funds $360,000 $360,000
Metropolitan Transportation
Authority (MTA) Grant $1,400,000 $1,760,000
Kimley Horn - Develop a
Procurement/Implementation
Plan and Construction Support $234,581 $1,525,419
BlueTOAD Units for Traffic
Data Collection $39,242 $1,486,177
Siemens Industry, Inc -
Installation and Implementation $666,525 $819,652
Contract for an ATCS
Change Order No. 1 Paid from
Installation and Implementation
Contingency
$32,755.10 $786,896.90
DDWG Servers $48,311 $738,585.90
Amendment No. 1 with
Siemens Industry, Inc. - New
Video Detection Cameras
Upgrades
at Key Intersections $177,561 $561,024.90
Amendment No. 1 with
Siemens Mobility, Inc. -
Additional
Detection Modifications $4,063 $556,961.90
Amendment No. 2 with
Siemens Mobility, Inc. - Video
Detection
Cameras Upgrades at seven
intersections $240,268 $316,693.90
Amendment No. 2 with
Siemens Mobility, Inc. - Three
Additional
Traffic Signal Controllers $6,804 $309,889.90
Change Order No. 2 -
Removed After-Study Task
from Siemens Scope of Work
($5,000.00) $314,889.90
Fund Balance $314,889.90
BACKGROUND/DISCUSSION:
On October 16, 2018 the City Council awarded a Purchase and License Agreement
(Agreement) for installation and implementation of the Adaptive Traffic Contro l
System to Siemen Mobility, Inc. (Siemens) in an amount not to exceed $666,525 with
a contingency amount of $67,000 for a total authorization amount of $733,525. The
3.13
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City authorized the Notice to Proceed for the installation and implementation on
January 2, 2019. The scope of work included: installation of the Split Cycle Offset
Optimization Technique (SCOOT) Adaptive System software at 48 intersections along
the three main arterials, as shown on the map in Attachment 1; communication
switches; modification of traffic signal controllers; modification and upgrades on
existing detection system; staff training (provided on February 2020); configuration of
the SCOOT system, and before and after study.
The before study was completed in January 2019, however, the after-study was
placed on hold due to the COVID-19 pandemic. This study was scheduled to be
conducted during the full activation of SCOOT system in the month of March 2020.
With significant changes in traffic volumes/conditions along the City arterials, and
stay-at-home restrictions and the near project lapse date of June 30, 2020, the after -
study task was removed form Siemens scope of work and it will be performed early
next year (if everything comes back to normal) as a separate contract/task
assignment with Siemens. The fee amount for both the before and after study is
$10,000; therefore, $5,000 was deductive for the after-study.
The SCOOT system is currently activated at all 48 intersections only during the non -
rush hours. This is a temporary/interim set-up by staff since mid-March 2020 in
response to the significant changes in traffic conditions along the City arterials. The
current general condition minimizes the wait time on the side streets, allowing
vehicles to get on the arterials earlier than normal under SCOOT. Staff will continue to
monitor the arterial conditions and make the necessary timing adjustments thru
SCOOT.
On July 16, 2019 the City Council approved Amendment No. 1 to the Agreement, in
the amount of $181,621, for additional modifications and reassignments of the City’s
existing video detection zones, roadways loop sensors, and video detections upgrades
at the intersections of Golden Springs Drive/Gateway Center Drive, Golden Springs
Drive/Grand Avenue, Diamond Bar Boulevard/Pathfinder Road, Diamond Bar
Boulevard/Mountain Laurel Way, Diamond Bar Boulevard/Grand Avenue, Diamond Bar
Boulevard/SR-57 NB On-Ramp, identified during the on-site detection survey phase.
Change Order No. 1 was approved on August 20, 2019 in the amount of $32,7 55.10
for procurement and installation of 47 traffic signal controller modules and two
additional traffic signal controllers. The authorized contingency amount was used to
cover this expenditure.
On April 7, 2020 the City Council approved Amendment No. 2 to the Agreement, in the
amount of $247,072, for additional video detection camera improvements at seven (7)
intersections identified during the fine-tuning phase of the SCOOT. The upgrades and
replacement of the old legacy video detection cameras were completed at the following
locations:
• Diamond Bar Boulevard/Brea Canyon Road
• Diamond Bar Boulevard/Golden Springs Drive
• Diamond Bar Boulevard/Mountain Laurel Way
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• Golden Springs Drive/Brea Canyon Road
• Golden Springs Drive/Lavender Drive
• Golden Springs Drive/Racquet Club Drive
• Grand Avenue/Shotgun Lane
Change Order No. 2 was approved on June 25, 2020 in the amount of $5,000 for the
removal of the After-Study task from Siemens scope of work. This task will be
completed early next year.
Siemens completed all work required under this project on June 15, 2020. The final
installation and implementation cost from Siemen Mobility, Inc. is $1,127,976. It
included the authorized contract amount of $666,525, plus one change order in the
amount of $32,755.10 and Amendment No. 1 in the amount of $181,624 and
Amendment No.2 in the amount of $247,072.
Siemens completed all work required under this contract on June 15, 2020. In
accordance with Metro’s adopted Lapsing Policy, this project is scheduled to lapse on
June 30, 2020. All work was completed before the lapse date; therefore, staff has
notified Metro on the following:
• Completed work date of June 15, 2020.
• Scheduled Notice of Completion (NOC) to be presented at the July 7, 2020
City Council meeting for consideration.
• Release of retention money to contractor 35-days after NOC is recorded
with the County of Los Angeles.
• Last invoice to be submitted by City to Metro immediately after retention
payment to contractor is completed.
• Request auditing appointment from Metro 60-days after released of
retention. Staff has already communicated with Metro’s Audit Department in
preparation for the audit process.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 3.13.a Notice of Completion
2. 3.13.b Attachment 1 - Map
3.13
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21810 E. COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21810 E. Copley Drive
Diamond Bar, CA 91765
4. The nature of the interest or estate of the owner is; “In fee”
(If other than fee, strike “In fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on June 15, 2020 . The work done was:
Installation and Implementation of the Split Cycle Offset Optimization Technique (SCOOT) Adaptive System at
47 intersections along Diamond Bar Boulevard, Grand Avenue and Golden Springs Drive.
7. The name of the contractor, if any, for such work of improvement was Siemens Mobility, Inc.
October 16, 2018
(If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows Installation and Implementation of the Split Cycle Optimization Technique
(SCOOT) Adaptive System at 47 intersections along Diamond Bar Boulevard, Grand Avenue and Golden
Springs Drive.
9. The street address of said property is Along Diamond Bar Boulevard, Grand Avenue and Golden Springs Drive
(If no street address has been officially assigned, insert “none”)
CITY OF DIAMOND BAR
Dated:
Verification for Individual Owner
Signature of owner or corporate officer of owner named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works/City Engineer the declarant of the foregoing
(“resident of”, “Manager of,” “A partner of,” “Owner of,” etc.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on , 20 , at Diamond Bar , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)
3.13.a
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SHEET 1 OF 1
CYCLE OFFSET OPTIMIZATION TECHNIQUE (SCOOT)
ADAPTIVE SYSTEM (48 INTERSECTIONS) MAP
DATE: 6/18/2020PREPARED BY: CM
PUBLIC WORKS
DEPARTMENT
ATTACHMENT 1
3.13.b
Packet Pg. 191
Agenda #: 3.14
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: DECLARATION TO LEVY ASSESSMENTS FOR LANDSCAPE
ASSESSMENT DISTRICT NOS. 38, 39, AND 41 FOR FY 2020-21.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Adopt Resolution No. 2020-27 (No. 38) declaring the City’s intention to levy and
collect assessments for Landscape Assessment District No. 38 and directing the City
Clerk to advertise the Public Hearing to be set for the July 21, 2020 regular meeting;
B. Adopt Resolution No. 2020-28 (No. 39) declaring the City’s intention to levy and
collect assessments for Landscape Assessment District No. 39 and directing the City
Clerk to advertise the Public Hearing to be set for the July 21, 2020 regular meeting;
and
C. Adopt Resolution No. 2020-29 (No. 41) declaring the City’s intention to levy and
collect assessments for Landscape Assessment District No. 41 and directing the City
Clerk to advertise the Public Hearing to be set for the July 21, 2020 regular meeting.
FINANCIAL IMPACT:
A General Fund subsidy totaling $432,731 is required to cover the operating costs of the
Districts.
District No. 38
As shown on the attached Engineer’s Report, $276,330 of assessment generated by
this District and $208,923 of the General Fund are proposed to pay for the operation
and maintenance costs budgeted in special fund No. 138.
District No. 39
As shown on the attached Engineer’s Report, the $294,764 of assessment generated
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by this District and $80,984 of General Funds are proposed to pay for the operation and
maintenance costs budgeted in special fund No. 139.
District No. 41
As shown on the attached Engineer’s Report, $122,157 of assessment generated by
this District and $142,824 of General Funds are proposed to pay for the operation and
maintenance costs budgeted in special fund No. 141.
BACKGROUND:
District No. 38
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
38, which is prepared pursuant to provisions of t he Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 18,422 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2019 -20 was $15.00
per parcel. The amount to be assessed for Fiscal Year 2020 -21 is to remain at $15.00
per parcel. The assessments will be utilized towards the general maintenance of City’s
medians and parkways.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
District No. 39
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of operation and
maintenance, a diagram for the District and the assessments.
The estimated number of parcels within the District is 1,249 parcels. The amount
assessed upon the lands within District Number 39 for Fiscal Year 2019 -20 was
$236.00 per parcel. The amount to be assessed for Fiscal Year 202 0-21 is proposed to
remain at $236.00 per parcel. The assessments will be utilized towards the general
maintenance of slopes, open space areas and the five (5) mini parks within District 39.
The proposed assessment has been determined to be exempt from t he provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
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District No. 41
The attached Engineer’s Report for the City’s Landscaping Assessment District Number
41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 554 parcels. The amount
assessed upon the lands within District Number 41 for Fiscal Year 2019-20 was
$220.50 per parcel. The amount to be assessed for Fiscal Year 20 20-21 is to remain at
$220.50 per parcel. The assessments will be utilized towards the general maintenance
of mini parks, slopes, and open space areas within District 41.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Resolutions.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 3.14.a Resolution No. 2020-27 - District #38
2. 3.14.b Resolution No. 2020-28 - District #39
3. 3.14.c Resolution No. 2020-29 - District #41
4. 3.14.d Engineer's Report 2020-21 - District #38
5. 3.14.e Engineer's Report 2020-21 - District #39
6. 3.14.f Engineer's Report 2020-21 - District #41
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RESOLUTION NO. 2020-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE
CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 21, 2020 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 38 (“District”) was
created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§
22500, et seq.).
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Co de § 22623.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2020-21 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
38,” as shown on Exhibit “A-1” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, maintenance and servicing of landscaping
and any facilities which are appurtenant thereto or which are
necessary or convenient for the maintenance and servicing thereof,
including but not limited to, repair, removal or replacement, grading,
clearing, removal of debris, pruning, fertilization, pest control and
weed control, and the installation or construction of appurtenant
facilities, including curbs, gutters, walls, sidewalks or paving, or
water, irrigation, or electrical facilities. Said installation, maintena nce
and servicing of the landscaping and installation, maintenance and
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Resolution No. 2020-27
2
servicing of related work shall be within the area of Assessment
District No. 38 as shown on Exhibit “A-1,” as attached hereto and
incorporated by reference. The location and type of improvement is
shown on Exhibit “A-1.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 38 for fiscal year 2020-21. Said proposed assessment per lot is
the amount of $15.00, the same amount which was levied in fiscal year 201 9-20.
Section 6. A Notice of City Council Hearing on Assessment is scheduled on July
21, 2020 at 6:45 p.m. In accordance with County and State orders to shelter in place,
avoid gatherings and maintain social distancing due to COVID -19, the hearing will be
conducted via teleconference remotely before this Council on this question of the levy of
the proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 38 for fiscal year 2020-21 and the City Council hereby gives notice of said
hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. The City Clerk shall:
a) Certify to the adoption of this Resolution; and
b) Cause a true and correct copy of this Resolution to be
published pursuant to California Government Code §
6061.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, Mayor
3.14.a
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Resolution No. 2020-27
3
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 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
3.14.a
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Resolution No. 2020-27
4
Exhibit A-1
3.14.a
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RESOLUTION NO. 2020-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE
CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 21, 2020 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 3 9 (“District”) was
created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§
22500, et seq.).
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2020-21 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
39,” as shown on Exhibit “A-2” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any
facilities which are appurtenant thereto or which are necessary or
convenient for the maintenance and servicing thereof, including but
not limited to, repair, removal or replacement, grading, clearing,
removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities,
including curbs, gutters, walls, sidewalks or paving, or water,
irrigation, or electrical facilities. Said maintenance and servicing of
the landscaping and installation, maintenance and servicing of
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related work shall be within the area of Assessment District No. 39
as shown on Exhibit “A-2” as attached hereto and incorporated by
reference. The location and type of improvement is shown on Exhibit
“A-2.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 39 for fiscal year 2020-21. Said proposed assessment per lot is
the amount of $236.00, the same amount which was levied in fiscal year 2019-20.
Section 6. A Notice of City Council Hearing on Assessment is scheduled on July
21, 2020 at 6:45 p.m. In accordance with County and State orders to shelter in place,
avoid gatherings and maintain social distancing due to COVID -19, the hearing will be
conducted via teleconference remotely before this Council on this question of the levy of
the proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 39 for fiscal year 2020-21 and the City Council hereby gives notice of said
hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. The City Clerk shall:
a) Certify to the adoption of this Resolution; and
b) Cause a true and correct copy of this Resolution to be published pursuant
to California Government Code § 6061.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, Mayor
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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 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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Exhibit A-2
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RESOLUTION NO. 2020-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY’S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE
CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 21, 2020 REGULAR MEETING.
WHEREAS, the City of Diamond Bar Assessment District No. 41 (“District”) was
created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§
22500, et seq.).
WHEREAS, SCI Consulting Group, the Engineer of Work, has prepared, filed with
the City Clerk and presented to this Council a report relating to said assessment district
pursuant to the provisions of the California Streets and Highways Code § 22623.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
Section 2. The above-described report submitted by the Engineer of Work
relating to City of Diamond Bar Assessment District No. 41 is hereby approved as filed.
Section 3. The Council hereby declares its intention to levy and collect
assessments during fiscal year 2020-21 pursuant to Part 2 of Division 15 of the Streets
and Highways Code of the State of California, known as the “Landscaping and Lighting
Act of 1972, “within that area designated “City of Diamond Bar Assessment District No.
41,” as shown on Exhibit “A-3” attached hereto and incorporated herein by reference.
Section 4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any
facilities which are appurtenant thereto or which are necessary or
convenient for the maintenance and servicing thereof, including but
not limited to, repair, removal or replacement, grading, clearing,
removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities,
including curbs, gutters, walls, sidewalks or paving, or water,
irrigation, or electrical facilities. Said maintenance and servicing of
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2
the landscaping and installation, maintenance and servicing of
related work shall be within the area of Assessment District No. 41
as shown on Exhibit “A-3” as attached hereto and incorporated by
reference. The location and type of improvement is shown on Exhibit
“A-3.”
Section 5. Reference is hereby made to the Engineer’s Report relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and de tailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 41 for fiscal year 2020-21. Said proposed assessment per lot is
the amount of $220.50, the same amount which was levied in fiscal year 201 9-20.
Section 6. A Notice of City Council Hearing on Assessment is scheduled on July
21, 2020 at 6:45 p.m. In accordance with County and State orders to shelte r in place,
avoid gatherings and maintain social distancing due to COVID -19, the hearing will be
conducted via teleconference remotely before this Council on this question of the levy of
the proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 41 for fiscal year 2020-21 and the City Council hereby gives notice of said
hearing.
Section 7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessment are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
Section 8. The City Clerk shall:
a) Certify to the adoption of this Resolution; and
b) Cause a true and correct copy of this Resolution to
be published pursuant to California Government
Code § 6061.
PASSED, APPROVED AND ADOPTED this 7th day of July, 2020.
_____________________________
Steve Tye, Mayor
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Resolution No. 2020-29
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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 7th day of July, 2020, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________________
Kristina Santana, City Clerk
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Resolution No. 2020-29
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Exhibit A-3
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT
FISCAL YEAR 2020-21
JUNE 2020
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE i
CITY OF DIAMOND BAR
CITY COUNCIL
Steve Tye, Mayor
Nancy Lyons, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth Low, Councilmember
Jennifer “Fred” Mahlke, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
SCI Consulting Group
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE ii
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE iii
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 5
OVERVIEW ...................................................................................................................... 5
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5
LEGISLATIVE ANALYSIS .................................................................................................... 6
PLANS & SPECIFICATIONS ...................................................................................................... 9
FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET ....................................................... 11
BUDGET FOR FISCAL YEAR 2020-21 ............................................................................... 11
METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 12
DISCUSSION OF BENEFIT ................................................................................................ 12
SPECIAL BENEFIT .......................................................................................................... 13
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15
BENEFIT FINDING ........................................................................................................... 16
METHOD OF APPORTIONMENT ........................................................................................ 19
ANNUAL ASSESSMENT CALCULATION .............................................................................. 19
DURATION OF ASSESSMENT ........................................................................................... 20
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 20
ASSESSMENT ...................................................................................................................... 21
ASSESSMENT DIAGRAM ........................................................................................................ 23
ASSESSMENT ROLL ............................................................................................................. 25
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE iv
LIST OF TABLES
TABLE 1: FY 2020-21 ESTIMATE OF COSTS ........................................................................... 11
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE .................................................................. 21
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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 2020-21 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 Div ision
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 C ouncil may preliminarily
approve the Engineer’s Report and the continued assessments and establish the date for a
public hearing on the continuation of the assessments. Accordingly, this Engineer’s Report
(the “Report”) was prepared pursuant to the direction of the City Council.
As required by the Act, this Report includes plans and specifications, a diagram or map of
the District, the benefits received by property from the Improvements within the District, and
the method of assessment apportionment to lots and parcels within the District.
If the Council approves this Engineer’s Report and the continuation of the Assessments by
resolution, a notice of public hearing must be published in a local newspaper at least 10
days prior to the date of the public hearing. The resolution preliminarily approving the
Engineer’s Report and establishing the date for a public hearing is typically used for this
notice.
Following the minimum 10-day time period after publishing the notice, a public hearing is
held for the purpose of allowing public testimony about the proposed continuation of the
Assessments. This hearing is currently scheduled for July 21, 2020. At this hearing, the
Council will consider approval of a resolution confirming the continuation of the Assessments
for fiscal year 2020-21. 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 2020-21.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 6
Beginning in 2015, SCI Consulting Group became the Assessment Engineer for the District.
To maintain an accurate reference and legally defensible record of the Dist rict, 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 that:
➢ Benefit assessments are for special, not general, benefit
➢ The services and/or improvements funded by assessments must be clearly
defined
➢ Special benefits are directly received by and provide a direct advantage to
property in the Improvement District
➢ The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2020-21 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the following
factors:
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.
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LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 7
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.
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
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LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 8
were not explicitly calculated, quantified and separated from the special benefit s. 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 Assessmen ts. 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.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 9
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
➢ 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
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LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 10
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.
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, substantia l 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.
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LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 11
FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2020-21
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 2020-21 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2020-21 ESTIMATE OF COSTS
A. The Act requires that proceeds from the assessments must be deposited into a special fund that
has been set up for the revenues and expenditures of the District. Moreover, funds raised by the
assessment shall be used only for the purposes stated within this Report. Any balance remaining at
the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The District may
also establish a reserve fund for contingencies and special projects as well as a capital improvement
fund for accumulating funds for larger capital improvement projects or capital renovation needs. Any
remaining balance would either be placed in the reserve fund or would be used to reduce future
years' assessments.
Expenditure Item
Salaries & Benefits (subsidized by General Fund)41,673$
Operating Expenses
Advertising 5,000$
Utilities 150,000$
Maintenance of Grounds/Buildings 36,897$
Professional Services 5,640$
Contract Services
Trails Maintenance 183,693$
Trees Maintenance 62,350$
Estimated Expenditures 485,253$
Revenue Item
Direct Benefit Assessments 276,330$
General Fund Contribution 208,923$
Estimated Revenues 485,253$
Budget Allocation to Parcels
Total Assessment BudgetA 276,330$
Total Assessable Parcels 18422
Assessment per Parcel 15$
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LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 12
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 boun daries 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."
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:
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 13
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 specif ic 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.
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.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 14
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.
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,
1 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 15
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:
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
Total
Benefit = General
Benefit + Special
Benefit
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 16
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.
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.
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
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 17
BENEFIT TO PROPERTY INSIDE THE ASSESSMENT DISTRICTS THAT IS INDIRECT AND DERIVATIVE
The “indirect and derivative” benefit to prop erty within the District is particularly difficult to
calculate. A solid argument can be presented that all benefit within the District is special,
because the other Improvements are clearly “over and above” and “particular and distinct”
when compared with the baseline level of service and the unique proximity, access and
views of the other Improvements enjoyed by benefiting properties in the District.
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly abutting
the District that is publicly owned and used for regional purposes such as 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 a re 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.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 18
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 mainte nance,
and operation of the local storm drainage system is conservatively estimated to be 5%.
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%.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 19
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.
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 2020-21 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $15.
2 From the Engineer’s Report, Update of Assessment District No. 38, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 20
DURATION OF ASSESSMENT
The District was formed or annexed in previous years. It is proposed that the Assessments
be continued every year after their formation or annexation, so long as the public
Improvements need to be maintained and improved, and the City requires funding from the
Assessments for these Improvements in the District. As noted previously, the Assessment
can continue to be levied annually after the City Council approves an annually updated
Engineer’s Report, budget for the Assessment, Improvements to be provided, and other
specifics of the Assessment. In addition, the City Council must hold an annual public hearing
to continue the Assessment.
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY
Any property owner who feels that the Assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of assessment
may file a written appeal with the City of Diamond Bar City Manager or his or her designee.
Any such appeal is limited to correction of an Assessment during the then-current Fiscal
Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her
designee will promptly review the appeal and any information provided by the property
owner. If the City Manager or his or her designee finds that the Assessment should be
modified, the appropriate changes shall be made to the Assessment Roll. If any such
changes are approved after the Assessment Roll has been filed with the County for
collection, the City Manager or his or her designee is authorized to refund to the property
owner the amount of any approved reduction. Any dispute over the decision of the City
Manager or his or her designee shall be referred to the Diamond Bar City Council, and the
decision of the City Council shall be final.
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.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 21
ASSESSMENT
WHEREAS, the City of Diamond Bar directed the undersigned engineer of Work to prepare
and file a report presenting an estimate of costs, a Diagram for the District and an
assessment of the estimated costs of the Improvements upon all assessable parcels within
the District;
NOW, THEREFORE, the undersigned, by virtue of the power vested in me under the Act, Article
XIIID of the California Constitution, and the order of the City of Diamond Bar City Council,
hereby makes the following Assessment to cover the portion of the estimated cost of the
Improvements, and the costs and expenses incidental thereto to be paid by the District.
The amount to be paid for said Improvements and the expense incidental thereto, to be paid
by the District for the Fiscal Year 2020-21 is generally as follows:
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in the
District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and lots
of land within the District, in accordance with the special benefits to be received by each
parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost
and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion to
the special benefits to be received by the parcels or lots of land, from the Improvements.
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
2020-21. 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.
Salaries & Benefits 41,673$
Operating Expenses & Services 443,580$
Total for Services 485,253$
Less General Fund Contribution (208,923)$
Net Amount to Assessments 276,330$
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 22
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 2020-21 for each parcel
or lot of land within the District.
Dated: June 29, 2020
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 23
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 2020-21, and are incorporated herein by reference, and made a part of this
Diagram and this Report.
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 24
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CITY OF DIAMOND BAR
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 38
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 25
ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report
and is available for public inspection during normal office hours at the City Hall at 21810
Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference, made part of this Report. These
records shall govern for all details concerning the description of the lots or parcels.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT
FISCAL YEAR 2020-21
JUNE 2020
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE i
CITY OF DIAMOND BAR
CITY COUNCIL
Steve Tye, Mayor
Nancy Lyons, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth Low, Councilmember
Jennifer “Fred” Mahlke, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
Jerry Bradshaw, P.E.
SCI Consulting Group
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE iii
TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 5
OVERVIEW ...................................................................................................................... 5
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5
LEGISLATIVE ANALYSIS .................................................................................................... 6
PLANS & SPECIFICATIONS ...................................................................................................... 9
FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET ....................................................... 11
BUDGET FOR FISCAL YEAR 2020-21 ............................................................................... 11
METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 12
DISCUSSION OF BENEFIT ................................................................................................ 12
SPECIAL BENEFIT .......................................................................................................... 13
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15
BENEFIT FINDING ........................................................................................................... 17
METHOD OF APPORTIONMENT ........................................................................................ 19
ANNUAL ASSESSMENT CALCULATION .............................................................................. 20
DURATION OF ASSESSMENT ........................................................................................... 20
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 20
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21
ASSESSMENT ...................................................................................................................... 22
ASSESSMENT DIAGRAM ........................................................................................................ 24
ASSESSMENT ROLL ............................................................................................................. 26
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE iv
LIST OF TABLES
TABLE 1: FY 2020-21 ESTIMATE OF COSTS ........................................................................... 11
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE .................................................................. 22
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 5
INTRODUCTION
OVERVIEW
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar Hills area of the
City. In order to fund the maintenance and operation (“Services”) of these projects and
improvements, Landscaping Assessment District No. 39 (“District”) was formed in 1985 by
the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report
("Report") was prepared to establish the budget for the Improvements (as described below)
that will be funded by the 2020-21 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 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.
Following the minimum 10-day time period after publishing the notice, a public heari ng is
held for the purpose of allowing public testimony about the proposed continuation of the
Assessments. This hearing is currently scheduled for July 21, 2020. At this hearing, the
Council will consider approval of a resolution confirming the continuation of the Assessments
for fiscal year 2020-21. 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 2020-21.
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LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 6
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 improve ment
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 that:
➢ Benefit assessments are for special, not general, benefit
➢ The services and/or improvements funded by assessments must be clearly
defined
➢ Special benefits are directly received by and provide a direct advantage to
property in the Improvement District
➢ The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2020-21 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the foll owing
factors:
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
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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.
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
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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 benefit s. 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.
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PLANS & SPECIFICATIONS
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 39, (“District”), and the cost thereof paid from the levy of the annual Assessment
provide special benefit to Assessor Parcels within the District as defined in the Method of
Assessment herein. In addition to the definitions provided by the Landscaping and Lighting
Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks,
slopes and open space areas within the District. The Assessment Diagram shows the
location and extent of the Improvements to be installed, maintained or serviced by the
proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, parking lots, lighting, fencing, entry monuments, basketball courts, tennis courts,
other recreational facilities, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but not
limited to, land preparation (such as grading, leveling, cutting and filling), s od, landscaping,
irrigation systems, walkways and drainage, lights, playground equipment, play courts,
playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health, and
beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent
for any public lighting facilities or for the lighting or operation of any other improvements; or
water for the irrigation of any landscaping, the operation of any fountains, or the maintenance
of any other improvements.
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
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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.
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FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2020-21
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 2020-21 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2020-21 ESTIMATE OF COSTS
A. The Act requires that proceeds from the assessments must be deposited into a special
fund that has been set up for the revenues and expenditures of the District. Moreover,
funds raised by the assessment shall be used only for the purposes stated within this
Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over
to the next Fiscal Year. The District may also establish a reserve fund for contingencies
and special projects as well as a capital improvement fund for accumulating funds for larger
capital improvement projects or capital renovation needs. Any remaining balance would
either be placed in the reserve fund or would be used to reduce future years' assessments.
Expenditure Item
Salaries & Benefits 24,504$
Operating Expenses
Advertising 5,000$
Utilities 110,000$
Maintenance of Grounds/Buildings 34,500$
Professional Services 5,640$
Contract Services
Trails Maintenance 146,500$
Tree Maintenance 6,500$
Weed Abatement 43,104$
Estimated Expenditures 375,748$
Revenue Item
Direct Benefit Assessments 294,764$
General Fund Contribution 80,984$
Estimated Revenues 375,748$
Budget Allocation to Parcels
Total Assessment BudgetA 294,764$
Total Assessable Parcels 1249
Assessment per Parcel 236$
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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 bou ndaries 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."
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:
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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.
E. Safety and Security within the District
F. Creation of individual lots for residential and commercial use that, in absence of the
Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinc t 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.
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:
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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.
4. 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.
IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT
The City, by maintaining permanent public improvements funded by the Assessments in the
District, provides improved views to properties in the District. The properties in the District
enjoy close and unique proximity, access and views of the specific Improvements funded in
the District; therefore, the improved and protected views provided by the Assessments are
another direct and tangible advantage that is uniquely conferred upon property in the District.
1 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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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.
SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT
The City, through proper installation, maintenance and servicing of permanent public
improvements funded by the Assessments in the District, provides i ncreased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical fire
suppression.
CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF
THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED
In most of the District, the original owner/developer(s) of the property within the District
agreed unanimously to the Assessments. The Assessments provide the necessary funding
for public improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided and
for development of the parcels to occur. As parcels were sold, new owners were informed
of the Assessments through the title reports, and in some cases, through Department of
Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase
of property was also an “agreement” to pay the Assessment. Therefore, in absence of the
Assessments, the lots within most of the District would not have been created. These
parcels, and the improvements that were constructed on the parcels, receive direct
advantage and special benefit from the Assessments.
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.
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In other words:
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 un iquely 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 bene fits conferred to property
is special and is only minimally received by property outside the District s or the public at
large.
Total
Benefit = General
Benefit + Special
Benefit
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BENEFIT FINDING
QUANTIFICATION OF GENERAL BENEFIT
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS
Properties within the District receive almost all of the special benefits from the Improvements
because properties in the District enjoy unique close proximity and access to the
Improvements that is not enjoyed by other properties or the public at large. However, certain
properties within the proximity/access radius of the Improvements, but outside of the
boundaries of the District, may receive some benefit from the Improvements. Since this
benefit is conferred to properties outside the District boundaries, it contributes to the overall
general benefit calculation and will not be funded by the Assessments. The general benefit
to property outside of the District is calculated with the parcel and data analysis performed
by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are eight parcels outside the District that lie within a half mile travel distance
of one of mini-parks within the District. In addition, there are 87 parcels outside the District
that are directly adjacent to areas where brush clearing activity is performed by the District.
The benefits conferred to these properties do not in clude the Lot Creation benefit factor,
therefore the benefit is reduced by half. 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.
87 Parcels Outside District
1,249 Parcels In the District
50%Benefit Factor
87
87 +1,249 x 50%
Assumptions:
Calculation:
General Benefit to Property Ouside the District
=3.26%
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Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly abutting
the District that is publicly owned and used for regional purposes such as regional parks,
major roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. Approximately 1.51% of the
land area in the District is used for such regional purposes, so this is a measure of the
general benefits to property within the District.
BENEFIT TO THE PUBLIC AT LARGE
The general benefit to the public at large can be estimated by the proportionate amount of
time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. There are two ways in
which the public at large can enjoy the improvements, with each counting for half of the
general benefit: use of parks, and pass-by trips where landscaped areas can be viewed. In
the case of the mini-parks that serve primarily the neighborhood, City staff estimate that
approximately 10% of the users do not live, work or own property in the District. The general
landscape improvements are typically along slopes and open space areas, out of view of
the general public; no general benefit is conferred for views of landscaping. Finally, the
general benefits conferred to the public at large does not include the benefit of lot creation,
so this benefit is further reduced by half. Therefore, we find that ((50% of 10%) x 50% =)
2.50% of the benefits from the Improvements are general benefits to the public at large.
TOTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, we find that approximately 7.27%
of the benefits conferred by the Improvements may be general in nature and should be
funded by sources other than the assessment.
Although this analysis finds that 7.27% 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 8%. This minimum contribution
above the measure of general benefits will serve to provide additional coverage for any other
general benefits.
Outside the District
Inside the District
Public At Large
Total General Benefit
3.26%
1.51%
2.50%
7.27%
Landscaping General Benefit Calculation
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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%.
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 8% 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:
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 20
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 b y 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 Cit y 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 as set forth below:
1. Beautification of the streets which are used by all of the residents in
Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the
District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing
benefits.
The existing land use information indicates that all of the parcels within the District 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 2020-21 the amount of Assessments for the District is not increased from the
prior year. The assessment per parcel is $236.
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.
2 From the Engineer’s Report, Update of Assessment District No. 39, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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LANDSCAPING ASSESSMENT DISTRICT NO. 39
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Any such appeal is limited to correction of an Assessment during the then-current Fiscal
Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her
designee will promptly review the appeal and any information provided by the property
owner. If the City Manager or his or her designee finds that the Assessment should be
modified, the appropriate changes shall be made to the Assessment Roll. If any such
changes are approved after the Assessment Roll has been filed with the County for
collection, the City Manager or his or her designee is authorized to refund to the property
owner the amount of any approved reduction. Any dispute over the decision of the City
Manager or his or her designee shall be referred to the Diamond Bar City Council, and the
decision of the City Council shall be final.
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.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 22
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 2020-21 is generally as follows:
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in the
District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and lots
of land within the District, in accordance with the special benefits to be received by each
parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost
and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion to
the special benefits to be received by the parcels or lots of land, from the Improvements.
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
2020-21. 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.
Salaries & Benefits 24,504$
Operating Expenses & Services 351,244$
Total for Services 375,748$
Less General Fund Contribution (80,984)$
Net Amount to Assessments 294,764$
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 23
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 2020-21 for each parcel
or lot of land within the District.
Dated: June 29, 2020
Engineer of Work
By___________________________
Jerry Bradshaw, License No. C48845
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LANDSCAPING ASSESSMENT DISTRICT NO. 39
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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ASSESSMENT DIAGRAM
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39 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 a s shown on the maps
of the Assessor of the County of Los Angeles, for Fiscal Year 2020-21, and are incorporated
herein by reference, and made a part of this Diagram and this Report.
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LANDSCAPING ASSESSMENT DISTRICT NO. 39
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LANDSCAPING ASSESSMENT DISTRICT NO. 39
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ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report
and is available for public inspection during normal office hours at the City Hall at 21810
Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference, made part of this Report. These
records shall govern for all details concerning the description of the lots or parcels.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT
FISCAL YEAR 2020-21
JUNE 2020
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972,
GOVERNMENT CODE AND ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
ENGINEER OF WORK:
SCIConsultingGroup
4745 MANGELS BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
WWW.SCI-CG.COM
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE i
CITY OF DIAMOND BAR
CITY COUNCIL
Steve Tye, Mayor
Nancy Lyons, Mayor Pro Tem
Andrew Chou, Councilmember
Ruth Low, Councilmember
Jennifer “Fred” Mahlke, Councilmember
CITY MANAGER
Dan Fox
PUBLIC WORKS DIRECTOR / CITY ENGINEER
David Liu
CITY ATTORNEY
David DeBerry
ENGINEER OF WORK
Jerry Bradshaw, P.E.
SCI Consulting Group
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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TABLE OF CONTENTS
INTRODUCTION....................................................................................................................... 5
OVERVIEW ...................................................................................................................... 5
ENGINEER’S REPORT AND CONTINUATION OF ASSESSMENTS .............................................. 5
LEGISLATIVE ANALYSIS .................................................................................................... 6
PLANS & SPECIFICATIONS ...................................................................................................... 9
FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET ....................................................... 11
BUDGET FOR FISCAL YEAR 2020-21 ............................................................................... 11
METHOD OF ASSESSMENT APPORTIONMENT .......................................................................... 12
METHOD OF APPORTIONMENT ........................................................................................ 12
DISCUSSION OF BENEFIT ................................................................................................ 12
SPECIAL BENEFIT .......................................................................................................... 13
GENERAL VERSUS SPECIAL BENEFIT .............................................................................. 15
BENEFIT FINDING ........................................................................................................... 17
METHOD OF APPORTIONMENT ........................................................................................ 19
ANNUAL ASSESSMENT CALCULATION .............................................................................. 20
DURATION OF ASSESSMENT ........................................................................................... 20
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY........................................................... 21
ASSESSMENT FUNDS MUST BE EXPENDED WITHIN THE DISTRICT AREA ............................. 21
ASSESSMENT ...................................................................................................................... 22
ASSESSMENT DIAGRAM ........................................................................................................ 24
ASSESSMENT ROLL ............................................................................................................. 26
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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LIST OF TABLES
TABLE 1: FY 2020-21 ESTIMATE OF COSTS ........................................................................... 11
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE .................................................................. 22
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
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INTRODUCTION
OVERVIEW
The City of Diamond Bar (the “City”) services and maintains mini-parks, slopes and open
space areas and other improvements (“Improvements”) in the Diamond Bar High Country
area of the City. In order to fund the maintenance and operation (“Services”) of these projects
and improvements, Landscaping Assessment District No. 41 (“District”) was formed in 1985
by the County of Los Angeles prior to the incorporation of the City of Diamond Bar. Upon
incorporation in 1989, the City assumed jurisdiction over the District. This Engineer’s Report
("Report") was prepared to establish the budget for the Improvements (as described below)
that will be funded by the 2020-21 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 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.
Following the minimum 10-day time period after publishing the notice, a public hearing is
held for the purpose of allowing public testimony about the proposed continuation of the
Assessments. This hearing is currently scheduled for July 21, 2020. At this hearing, the
Council will consider approval of a resolution confirming the continuation of the Assessments
for fiscal year 2020-21. 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 2020-21.
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
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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 improve ment
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 that:
➢ Benefit assessments are for special, not general, benefit
➢ The services and/or improvements funded by assessments must be clearly
defined
➢ Special benefits are directly received by and provide a direct advantage to
property in the Improvement District
➢ The assessment paid by property should be proportional to the special
benefits it receives from the Improvements
This Engineer’s Report and the process used to establish the continuation of the
assessments for fiscal year 2020-21 are consistent with the SVTA decision and with the
requirements of Article XIIIC and XIIID of the California Constitution based on the following
factors:
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
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
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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 proper ty in the
assessment district. The Court also upheld discounts and exemptions from the assessment
for certain properties.
BONANDER V. TOWN OF TIBURON (2009) 180 CAL. APP. 4TH 103
Bonander v. Town of Tiburon (“Bonander”), the 1st District Court of Appeal overturned a
benefit assessment approved by property owners to pay for placing overhead utility lines
underground in an area of the Town of Tiburon. The Court invalidated the assessments
primarily on the grounds that the assessments had been apportioned to assessed property
based on the costs within sub-areas of the assessment district instead of the overall cost of
the improvements and the overall proportional special benefits.
BEUTZ V. COUNTY OF RIVERSIDE (2010) 184 CAL. APP. 4TH 1516
Steven Beutz v. County of Riverside (“Beutz”) the Court overturned an assessment for park
maintenance in Wildomar, California, primarily because the general benefits associated with
improvements and services were not explicitly calculated, quantified and separated from the
special benefits.
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LANDSCAPING ASSESSMENT DISTRICT NO. 41
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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.
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PLANS & SPECIFICATIONS
The City maintains landscaping and other improvements in locations within the District’s
boundaries. The work and improvements to be undertaken by Landscaping Assessment
District No. 41, (“District”), and the cost thereof paid from the levy of the annual Assessment
provide special benefit to Assessor Parcels within the District as defined in the Method of
Assessment herein. In addition to the definitions provided by the Landscaping and Lighting
Act of 1972 (the “Act”), the work and improvements are generally described as mini-parks,
slopes and open space areas within the District. The Assessment Diagram shows the
location and extent of the Improvements to be installed, maintained or serviced by the
proceeds from this Assessment District.
Installation, maintenance and servicing of Improvements, may include, but are not limited
to, turf and play areas, landscaping, ground cover, shrubs and trees, irrigation systems,
sidewalks, lighting, fencing, graffiti removal and repainting, and labor, materials, supplies,
utilities and equipment, as applicable, at each of the locations owned, operated or
maintained by the District.
As applied herein, “Installation” means the construction of Improvements, including, but not
limited to, land preparation (such as grading, leveling, cutting and filling), sod, landscaping,
irrigation systems, walkways and drainage, lights, playground equipment, play courts,
playing fields, recreational facilities and public restrooms.
“Maintenance” means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including repair, removal or
replacement of all or any part of any improvement; providing for the life, growth, health, and
beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or
treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid
waste, and the cleaning, sandblasting, and painting of walls and other improvements to
remove or cover graffiti.
“Servicing” means the furnishing of electric current, or energy, gas or other illuminating agent
for any public lighting facilities or for the lighting or operation of any other improvements; or
water for the irrigation of any landscaping, the operation of any fountains, or the maintenance
of any other improvements.
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
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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.
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FISCAL YEAR 2020-21 ESTIMATE OF COST AND BUDGET
BUDGET FOR FISCAL YEAR 2020-21
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 2020-21 for the maintenance and servicing of the
Improvements is provided below.
TABLE 1: FY 2020-21 ESTIMATE OF COSTS
A. The Act requires that proceeds from the assessments must be deposited into a special fund
that has been set up for the revenues and expenditures of the District. Moreover, funds raised
by the assessment shall be used only for the purposes stated within this Report. Any balance
remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year.
The District may also establish a reserve fund for contingencies and special projects as well as
a capital improvement fund for accumulating funds for larger capital improvement projects or
capital renovation needs. Any remaining balance would either be placed in the reserve fund or
would be used to reduce future years' assessments.
Expenditure Item
Salaries & Benefits 24,504$
Operating Expenses
Advertising 5,000$
Utilities 90,000$
Maintenance of Grounds/Buildings 17,672$
Professional Services 5,640$
Contract Services
Trails Maintenance 59,100$
Tree Maintenance 6,500$
Weed/Pest Abatement 56,565$
Estimated Expenditures 264,981$
Revenue Item
Direct Benefit Assessments 122,157$
General Fund Contribution 142,824$
Estimated Revenues 264,981$
Budget Allocation to Parcels
Total Assessment Budget A 122,157$
Total Assessable Parcels 554
Assessment per Parcel 220.50$
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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 pro perty.
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."
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:
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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.
E. Safety and Security within the District
F. Creation of individual lots for residential and commercial use that, in absence of the
Assessments, would not have been created.
In this case, the recent SVTA v. SCCOSA decision provides enhanced clarity to the
definitions of special benefits to properties from similar improvements in three distinct areas:
➢ Proximity
➢ Expanded or improved access
➢ Views
The SVTA v. SCCOSA decision also clarifies that a special benefit is a service or
improvement that provides a direct advantage to a parcel and that ind irect 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 rec eive are 100% special benefit.
The assessment-funded services upheld by Dahms included streetscape maintenance and
security services.
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:
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 14
1. Beautification of the streets which are used by all 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.
4. 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.
IMPROVED VIEWS WITHIN THE ASSESSMENT DISTRICT
The City, by maintaining permanent public improvements funded by the Assessments in the
District, provides improved views to properties in the District. The properties in the District
enjoy close and unique proximity, access and views of the specific Improvements funded in
the District; therefore, the improved and protected views provided by the Assessments are
another direct and tangible advantage that is uniquely conferred upon property in the District.
1 From the Engineer’s Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 15
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.
SAFETY AND SECURITY WITHIN THE ASSESSMENT DISTRICT
The City, through proper installation, maintenance and servicing of permanent public
improvements funded by the Assessments in the District, provides increased security and
safety by preventing crime and suppressing fire. For parks and recreation Improvements,
proper lighting and well-kept landscapes help to deter crime and vandalism. Other
landscaped area activities such as slope maintenance and brush clearing provide critical fire
suppression.
CREATION OF INDIVIDUAL LOTS FOR RESIDENTIAL AND COMMERCIAL USE THAT, IN ABSENCE OF
THE ASSESSMENTS, WOULD NOT HAVE BEEN CREATED
In most of the District, the original owner/developer(s) of the property within the District
agreed unanimously to the Assessments. The Assessments provide the necessary funding
for public improvements that were required as a condition of development and subdivision
approval. Therefore, such Assessments allowed the original property to be subdivided and
for development of the parcels to occur. As parcels were sold, new owners were informed
of the Assessments through the title reports, and in some cases, through Department of
Real Estate “White Paper” reports that the parcels were subject to assessment. Purchase
of property was also an “agreement” to pay the Assessment. Therefore, in absence of the
Assessments, the lots within most of the District would not have been created. These
parcels, and the improvements that were constructed on the parcels, receive direct
advantage and special benefit from the Assessments.
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.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 16
In other words:
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 tha t 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.
Total
Benefit = General
Benefit + Special
Benefit
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 17
BENEFIT FINDING
QUANTIFICATION OF GENERAL BENEFIT
In this section, the general benefit from landscaping and other types of Improvements is
liberally estimated and described, and then budgeted so that it is funded by sources other
than the Assessment.
BENEFIT TO PROPERTY OUTSIDE THE ASSESSMENT DISTRICTS
Properties within the District receive almost all of the special benefits from the Improvements
because properties in the District enjoy unique close proximity and access to the
Improvements that is not enjoyed by other properties or the public at large. However, certain
properties within the proximity/access radius of the Improvements, but outside of the
boundaries of the District, may receive some benefit from the Improvements. Since this
benefit is conferred to properties outside the District boundaries, it contributes to the overall
general benefit calculation and will not be funded by the Assessments. The general benefit
to property outside of the District is calculated with the parcel and data analysis performed
by SCI Consulting Group.
Since certain properties outside the District enjoy close proximity and access to the
Improvements cannot be assessed by the District, this is a form of general benefit to other
property. There are 23 parcels outside the District that are directly adjacent to areas where
slopes are maintained by the District. The benefits conferred to these properties do not
include the Lot Creation benefit factor, therefore the benefit is reduced by half. The general
benefit to property outside of the District is calculated as follows.
23 Parcels Outside District
554 Parcels In the District
50%Benefit Factor
23
23 +554
Assumptions:
Calculation:
General Benefit to Property Ouside the District
x 50%=1.99%
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.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 18
Nevertheless, the SVTA vs. SCCOSA decision indicates there may be general benefit
“conferred on real property located in the district” A measure of the general benefits to
property within the Assessment area is the percentage of land area within or directly abutting
the District that is publicly owned and used for regional purposes such as regional parks,
major roads, rail lines and other regional facilities because such properties used for regional
purposes could provide indirect benefits to the public at large. The District boundaries are
narrowly drawn to include only the residential areas within the neighborhood, and there are
no regional facilities within the District. Therefore, the indirect and derivative general benefits
to property within the District are zero.
BENEFIT TO THE PUBLIC AT LARGE
The general benefit to the public at large can be estimated by the proportionate amount of
time that the District’s Improvements are used and enjoyed by individuals who are not
residents, employees, customers or property owners in the District. It should be noted that
these Improvements do not attract the public at large in the same was as park improvements ,
and they confer far less benefit to the public at large than do similar park improvements. In
essence, the public does not visit an area to enjoy slope improvements in the same way as
they may visit a park.
However, certain slopes maintained by the District may provide some enhancement to views
enjoyed by the public as they drive past. Approximately 25% of the slopes and linear green
areas maintained by the District lie along arterial roadways that carry a high percentage of
traffic not associated with people who are not residents or property owners within the District.
While there are not statistics available as to what percentage of pass-by vehicle trips are by
non-residents or non-property owners, a liberal factor of 90% is assumed. Finally, of all the
types of benefits conferred by the Improvements, passersby only benefit from views, which
are estimated at 10% of the total benefits. Therefore, we find that ((90% of 25%) x 10% =)
2.25% of the benefits from the Improvements are general benefits to the public at large.
TOTAL GENERAL BENEFITS
Using a sum of these three measures of general benefit, we find that approximately of the
benefits conferred by the Improvements may be general in nature and should be funded by
sources other than the assessment.
Outside the District
Inside the District
Public At Large
Total General Benefit
Landscaping General Benefit Calculation
1.99%
0.00%
2.25%
4.24%
Although this analysis finds that 4.24% 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 5%. This minimum contribution
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 19
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%.
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 8% 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:
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 20
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 as set forth below:
1. Beautification of the streets which are used by all the residents in
Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents
within the District.
3. A sense of community pride resulting from well-maintained green
spaces.
4. The enhancement of the value of property which results from the
foregoing benefits.
The existing land use information indicates that all of the parcels within the District
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 2020-21 the amount of Assessments for the District is not increased from
prior years. The assessment per parcel is $220.50.
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.
2 From the Engineer’s Report, Update of Assessment District No. 41, Fiscal Year 2014-15, City of Diamond
Bar, dated June 3, 2014
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 21
APPEALS OF ASSESSMENTS LEVIED TO PROPERTY
Any property owner who feels that the Assessment levied on the subject property is in error
as a result of incorrect information being used to apply the foregoing method of assessment
may file a written appeal with the City of Diamond Bar City Manager or his or her designee.
Any such appeal is limited to correction of an Assessment during the then-current Fiscal
Year and applicable law. Upon the filing of any such appeal, the City Manager or his or her
designee will promptly review the appeal and any information provided by the property
owner. If the City Manager or his or her designee finds that the Assessment should be
modified, the appropriate changes shall be made to the Assessment Roll. If any such
changes are approved after the Assessment Roll has been filed with the County for
collection, the City Manager or his or her designee is authorized to refund to the property
owner the amount of any approved reduction. Any dispute over the decision of the City
Manager or his or her designee shall be referred to the Diamond Bar City Council, and the
decision of the City Council shall be final.
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.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 22
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 2020-21 is generally as follows:
TABLE 2: FY 2020-21 SUMMARY COST ESTIMATE
As required by the Act, an Assessment Diagram of the District is hereto attached and
incorporated herein by reference. The distinctive number of each parcel or lot of land in the
District is its Assessor Parcel Number appearing on the Assessment Roll.
I do hereby assess and apportion the net amount of the cost and expenses of the
Improvements, including the costs and expenses incident thereto, upon the parcels and lots
of land within the District, in accordance with the special benefits to be received by each
parcel or lot, from the Improvements, and more particularly set forth in the Estimate of Cost
and Method of Assessment in the Report.
The Assessment is made upon the parcels or lots of land within the District in proportion to
the special benefits to be received by the parcels or lots of land, from the Improvements.
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
2020-21. 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.
Salaries & Benefits 24,504$
Operating Expenses & Services 240,477$
Total for Services 264,981$
Less General Fund Contribution (142,824)$
Net Amount to Assessments 122,157$
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 23
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 2020-21 for each parcel
or lot of land within the District.
Dated: June 29, 2020
Engineer of Work
By_____________________________
Jerry Bradshaw, License No. C48845
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 24
ASSESSMENT DIAGRAM
The District boundary and the parcels to be assessed in Landscaping Assessment District
No. 39 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 2020-21, and are incorporated
herein by reference, and made a part of this Diagram and this Report.
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 25
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CITY OF DIAMOND BAR
LANDSCAPING ASSESSMENT DISTRICT NO. 41
ENGINEER’S REPORT, FISCAL YEAR 2020-21
PAGE 26
ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the District and the amount of
the Assessment) will be filed with the City Clerk and is, by reference, made part of this Report
and is available for public inspection during normal office hours at the City Hall at 21810
Copley Drive, 2nd floor, Diamond Bar, California 91765.
Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County
Assessor records and these records are, by reference, made part of this Report. These
records shall govern for all details concerning the description of the lots or parcels.
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Agenda #: 5.1
Meeting Date: July 7, 2020
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SUPPORT LETTERS REGARDING RESPONSIBLE USE OF FORCE
POLICY REFORM.
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
Discuss letters of support to the California Legislature and Los Angeles County Board of
Supervisors, and provide direction as deemed appropriate.
FINANCIAL IMPACT:
No financial impacts.
BACKGROUND:
At the June 16, 2020 City Council meeting, it was the consensus of the Council to place
on the agenda a request made by Council Member Chou to consider expressing
support regarding efforts to reform use of force policies in light of the in-custody death of
George Floyd in Minneapolis on Memorial Day. More specifically, Council Member
Chou requested that the Council: 1) express support for AB 1196 (Gi pson) which would
prohibit the use of a carotid restraints; and 2) encourage the Los Angeles County Sheriff
Department (LASD) to review their use of forces policies and adapted them to reflect
the eight (8) principles outlines by the Campaign Zero organization. Draft letters of
support have been prepared for consideration should the Council desire to take a
position on one or both of these efforts (Attachments 1 and 2 respectiv ely). The
Council’s Legislative Committee comprised on Council Members Low and Chou have
reviewed and support the Draft letters.
DISCUSSION:
AB 1196 (Gipson) As Amended
The American public and nation as a whole witnessed the tragic death of Mr. George
5.1
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Floyd, on Memorial Day in Minneapolis, Minnesota, which resulted in a series of
peaceful demonstrations and civil unrest nationwide, including several peaceful
demonstrations in Diamond Bar. States and agencies throughout the nation have issued
orders rescinding and outlawing the use of carotid restraints, the type of restraint that
resulted in the death of Mr. Floyd. The California Legislature has begun discussing AB
1196, which would prohibit a law enforcement agency from authorizing the use of a
chokehold or carotid restraint (Attachment 3).
The City of Diamond Bar does not have its own police department, rather, it contracts
with the LASD for law enforcement services. As such, the City does not have any direct
supervision or role in developing or implementing department policy.
The subject of the proposed legislation is not specifically covered in the City Council’s
Legislative Platform. The Council has full discretion to support, oppose or remain
neutral (take no position) on the proposed legislation as deemed appropriate. A Draft
letter of support has been provided for consideration (Attachment 1).
Responsible Use of Force Reform
The organization “Campaign Zero” has identified eight reforms to use of force policies
which has been widely disseminated and referenced in recent protests (Attachment 4 -
Campaign Zero, “Police Use of Force Policy Analysis”, 2016). According to the Sheriff’s
Department, LASD has initiated nearly all of the action items referenced by Campaign
Zero (Attachment 5). The City encourages the Department, in collaboration with the
Board of Supervisors, to continue these proactive measures. Additionally, the Civilian
Oversight Commission (COC) of the Sheriff’s Department created an Ad Hoc
Committee that has, over the past several months, been reviewing and analyzing the
Sheriff’s use of force policies to make recommendations on how to strengthen those
policies.
In light of the recent events and calls for change being made across the nation, a Draft
letter supporting the efforts of the County Board of Supervisors, in collaboration with the
Sheriff’s Department, to continue to evaluate their own use of force policies to make
meaningful progress in preventing the use of unnecessary lethal force has been
provided for consideration (Attachment 2). The Council may support, oppose, or remain
neutral (take no position).
It is recommended that the Council discuss both Draft letters (Attachments 1 and 2
respectively) and provide direction as deemed appropriate.
PREPARED BY:
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REVIEWED BY:
Attachments:
1. 5.1.a DB AB 1196 Letter DRAFT
2. 5.1.b DB Responsible Reform Letter DRAFT
3. 5.1.c AB 1196 Gipson As Amended
4. 5.1.d Campaign Zero Policies
5. 5.1.e LASD Policies Currently In Use
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July 7, 2020
The Honorable Mike Gipson
California State Assembly, 64th District
State Capitol, P.O. Box 942849
Sacramento, CA 94249-0064
Dear Assembly Member Gipson:
The City of Diamond Bar respectfully supports Assembly Bill 1196 (AB 1196), which would
prohibit a law enforcement agency from authorizing the use of a carotid restraint.
The Diamond Bar community is served by the professional members of the Los Angeles
County Sheriff’s Department, which provides services to 42 incorporated cities in Los
Angeles County. The Sheriff’s Department has historically served the community with
service as its mandate, ensuring that Diamond Bar remains one of the safest communities
in the San Gabriel Valley region. It is within that backdrop that national events, and the
tragic death of Mr. George Floyd, have resulted in all municipalities and state agencies
evaluate the use of the carotid restraint. It is therefore imperative that the State
Legislature, in collaboration with law enforcement agencies and the communities they
serve, provide the catalyst for long-term structural change to ensure past injustices are not
repeated.
For these reasons, the City of Diamond Bar supports AB 1196.
Sincerely,
Steve Tye, Mayor
City of Diamond Bar
CC: Senator Ling-Ling Chang, 29th District, Fax (916) 651-4929
Assembly Member Phillip Chen, 55th District, Fax (916) 319-2155
City Council
City Manager
League of California Cities, cityletters@cacities.org
Joe A. Gonsalves & Son
5.1.a
Packet Pg. 293
July 7, 2020
The Honorable Janice Hahn
Supervisor, 5th District
Kenneth Hahn Hall of Administration
500 West Temple St. Ste 383
Los Angeles, CA 90012
RE: Responsible Policing and Use of Force Reform
Dear Supervisor Hahn:
The City of Diamond Bar respectfully supports efforts by the State, County, Sheriff’s
Department, and law enforcement agencies throughout California to engage
and provide the long-term structural change needed to ensure the safety of the
community and law enforcement personnel.
There are several endeavors currently underway by the State Legislature with AB
1196, private movement with Campaign Zero and 8CantWait, as well as public
engagement at each of our respective public meetings. While the City does not
have its own police force, the Sheriff’s Department has historically served the
community with service as its mandate and provided exceptional service since
the City’s incorporation. Additionally, it is the City’s understanding that the Sheriff’s
Department has initiated nearly all of the action items requested under Campaign
Zero, and the City encourages the Department, in collaboration with the Board of
Supervisors, to continue these proactive measures.
It is within that backdrop that national events, and the tragic death of Mr. George
Floyd, have resulted in all municipalities and state agencies evaluating the use of
the carotid restraint within their use of force policies. We can all agree that racism
and discrimination has no place in our society. The City Council values the hard
work of our men and women in uniform, and recognizes that they dedicate
themselves to the highest ethical standards and serve our community of Diamond
Bar with honor every day. The Diamond Bar City Council is hopeful and supportive
of Statewide efforts, working in partnership with the County Board of Supervisors
and Sheriff’s Department, to continue to evaluate and implement meaningful
reform that will ultimately ensure the safety of the public and law enforcement
personnel.
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Supervisor Janice Hahn
Responsible Policing and Use of Force Reform
July 7, 2020
Page 2
If you have any questions, City Manager Dan Fox is available to discuss with your
staff and can be reached at 909.839.7010 or dfox@diamondbarca.gov.
Sincerely,
Steve Tye, Mayor
City of Diamond Bar
CC: Los Angeles County Board of Supervisors
City Council
City Manager
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AMENDED IN SENATE JUNE 18, 2020
AMENDED IN ASSEMBLY APRIL 29, 2019
AMENDED IN ASSEMBLY MARCH 26, 2019
california legislature—2019–20 regular session
ASSEMBLY BILL No. 1196
Introduced by Assembly Member Gipson Members Gipson, Carrillo,
Chiu, Grayson, Santiago, and Weber
(Coauthor: Assembly Member Luz Rivas)
(Principal coauthors: Senators Durazo and Wiener)
(Coauthors: Assembly Members Bloom, Bonta, Burke, Cervantes,
Eggman, Gabriel, Eduardo Garcia, Gloria, Gonzalez, Holden,
Jones-Sawyer, Kalra, Levine, Low, McCarty, Nazarian, Reyes,
Robert Rivas, Ting, and Waldron)
(Coauthors: Senators Allen, Caballero, Chang, Dodd, Lena Gonzalez,
Mitchell, Stern, and Umberg)
February 21, 2019
An act to add Chapter 11 (commencing with Section 9100) to Part
6 of Division 1 of Title 1 of the Education Code, Section 7286.5 to the
Government Code, relating to community schools. peace officers, and
declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 1196, as amended, Gipson. Community schools: California
Community Schools Act. Peace officers: use of force.
Existing law authorizes a peace officer to make an arrest pursuant
to a warrant or based upon probable cause, as specified. Under existing
law, an arrest is made by the actual restraint of the person or by
submission to the custody of the arresting officer. Existing law
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authorizes a peace officer to use reasonable force to effect the arrest,
to prevent escape, or to overcome resistance.
Existing law requires law enforcement agencies to maintain a policy
on the use of force, as specified. Existing law requires the Commission
on Peace Officer Standards and Training to implement courses of
instruction for the regular and periodic training of law enforcement
officers in the use of force.
This bill would prohibit a law enforcement agency from authorizing
the use of a carotid restraint or a choke hold, as defined.
By requiring local agencies to amend use of force policies, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
This bill would declare that it is to take effect immediately as an
urgency statute.
Existing law authorizes a county board of education to establish and
maintain one or more county community schools, and authorizes a
county board of education to enroll certain pupils in county community
schools.
This bill would establish the California Community Schools Act,
which would require the State Department of Education to make 3-year
grants available to applicant school districts, county offices of education,
and charter schools to plan and operate California Community Schools
under the program, as provided. The bill would require a grant recipient
to establish a community school leadership team and hire a community
school coordinator, and would require the community school
coordinator, in collaboration with the community school leadership
team and others, to conduct a needs and assets assessment at the
schoolsite and to develop a community school plan within prescribed
timeframes. The bill would require a participating eligible school to
first submit the community school plan to the governing board or body
of the local educational agency for approval before submitting the
community school plan to the department for approval. The bill would
require a community school coordinator, in consultation with the
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community school leadership team, to submit a report to the governing
board or body of the local educational agency and to the department
that describes efforts to integrate community school programming at
the participating eligible school and the impact of the transition to a
community school on participating pupils and adults. The bill would
require the department, no later than 18 months after the completion of
the 3-year grant program, to report an evaluation on the impact of the
act and the grant program to the Department of Finance, the relevant
policy and fiscal committees of the Legislature, and the Legislative
Analyst. The bill would provide that the act shall be implemented only
if funds are appropriated for its purposes by the Legislature in the annual
Budget Act or another statute.
Vote: majority 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7286.5 is added to the Government Code,
line 2 to read:
line 3 7286.5. (a) A law enforcement agency shall not authorize the
line 4 use of a carotid restraint or choke hold by any peace officer
line 5 employed by that agency.
line 6 (b) As used in this section, the following terms are defined as
line 7 follows:
line 8 (1) “Carotid restraint” means a vascular neck restraint or any
line 9 similar restraint, hold, or other defensive tactic in which pressure
line 10 is applied to the sides of a person’s neck for the purpose of
line 11 restricting blood flow to render the person unconscious or
line 12 otherwise subdue or control the person.
line 13 (2) “Choke hold” means any defensive tactic or force option
line 14 in which direct pressure is applied to a person’s trachea or
line 15 windpipe.
line 16 (3) “Law enforcement agency” means any agency, department,
line 17 or other entity of the state or any political subdivision thereof, that
line 18 employs any peace officer described in Chapter 4.5 (commencing
line 19 with Section 830) of Title 3 of Part 2 of the Penal Code.
line 20 SEC. 2. If the Commission on State Mandates determines that
line 21 this act contains costs mandated by the state, reimbursement to
line 22 local agencies and school districts for those costs shall be made
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line 1 pursuant to Part 7 (commencing with Section 17500) of Division
line 2 4 of Title 2 of the Government Code.
line 3 SEC. 3. This act is an urgency statute necessary for the
line 4 immediate preservation of the public peace, health, or safety within
line 5 the meaning of Article IV of the California Constitution and shall
line 6 go into immediate effect. The facts constituting the necessity are:
line 7 In order to promote public safety by ensuring the abolition of
line 8 law enforcement tactics that may result in unintentional deaths,
line 9 it is necessary that this act take effect immediately.
line 10
line 11
line 12 All matter omitted in this version of the bill
line 13 appears in the bill as amended in the
line 14 Assembly, April 29, 2019. (JR11)
line 15
O
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