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HomeMy WebLinkAbout2021.10.05 Agenda Packet - Regular MeetingCity Council Agenda Tuesday, October 5, 2021 Closed Session 5:30 PM Regular Meeting 6:30 PM Diamond Bar City Hall – Windmill Community Room 21810 Copley Drive, Diamond Bar, CA 91765 PUBLIC ADVISORY: Consistent with the Governor’s Executive Order, members of the public are encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff may be physically present for this meeting. If you would like to attend the meeting in person, please note that face coverings are required to be worn at all times. How to Observe the Meeting From Home: For the Closed Session: Call +1 (631) 992-3221, Access Code: 170-569-732 OR visit: https://attendee.gotowebinar.com/register/1473045832583536400. For the Regular Meeting: Call +1 (562) 247-8321, Access Code: 667-704-393 OR visit: https://attendee.gotowebinar.com/register/7077719493753126416. 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 4:30 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 logging onto the meeting through these links: For the Closed Session: https://attendee.gotowebinar.com/register/1473045832583536400. For the Regular Meeting: https://attendee.gotowebinar.com/register/7077719493753126416. Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839- 7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. ANDREW CHOU Council Member STAN LIU Council Member STEVE TYE Council Member NANCY A. LYONS Mayor RUTH M. LOW Mayor Pro Tem City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of 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 hearing s, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/7077719493753126416 AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 05, 2021 CLOSED SESSION: 5:30 p.m., Windmill Room Public Comments on Closed Session Government Code Section 54957 Public Employee – City Manager Performance Evaluation CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Chou, Liu, Tye, Mayor Pro Tem Low, Mayor Lyons APPROVAL OF AGENDA: Mayor 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: 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 Co uncil. Please complete a Speaker Card and hand it to the City Manager (completion of this form is voluntary). The City will call on in person speakers first and then teleconference OCTOBER 5, 2021 PAGE 2 callers, one at a time to give their name and if there is an agenda item nu mber they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will be called upon to speak at that point in the agenda. 3. SCHEDULE OF FUTURE EVENTS: 3.1 Diamond Bar Restaurant Week – October 8-24, 2021 3.2 Special Planning Commission Meeting – October 13, 2021, 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference 3.3 Coffee with a Cop – October 12, 2021, 7:30 a.m. - 9:30 a.m., Paris Baguette, 21050 Golden Springs Drive #C-105 3.4 City Council Meeting – October 19, 2021, 6:30 p.m., Windmill Community Room, 21810 Copley Drive and online teleconference 3.5 Mayor’s State of the City Address – October 20, 2021, 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 CITY COUNCIL MINUTES OF THE SEPTEMBER 21, 2021 REGULAR MEETING. 4.1.a September 21, 2021 City Council Minutes Recommended Action: Approve the September 21, 2021 Regular City Council meeting minutes. Requested by: City Clerk 4.2 RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 15, 2021 THROUGH SEPTEMBER 28, 2021 TOTALING $990,269.80. Recommended Action: Ratify the Check Register. Requested by: Finance Department OCTOBER 5, 2021 PAGE 3 4.3 FISCAL YEAR 2021-22 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS. Recommended Action: A. Approve an appropriation from General Fund reserves of $167,884.00 to carry forward appropriations from FY 2020- 21 to FY 2021-22 for previously encumbered goods and services; B. Approve an appropriation from various Special Revenue Funds reserves of $378,750.00 to carry forward appropriations from FY 2020-21 to FY 2021-22 for previously encumbered goods and services; C. Approve an appropriation from Capital Improvement Project Fund reserves in the amount of $369,249.00 to carry forward appropriations from FY 2020-21 to FY 2021- 22 for previously encumbered goods and services; and D. Carry over the related purchase orders encumbered in FY 2020-21 in the amount of $815,883.00 to FY 2021-22. Requested by: Finance Department 4.4 CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. Recommended Action: Adopt Resolution No. 2021-43, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. Requested by: City Manager 4.5 ANNEXATION OF SEVEN (7) STREET LIGHTS ON LARKSTONE DRIVE FROM DAB COURT TO LARKSTONE PARK TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. Recommended Action: A. Adopt Resolution No. 2021-44 Granting Consent and Jurisdiction to the County of Los Angeles in the Matter of County Lighting Maintenance District 10006 and County Lighting District LLA-1, Diamond Bar Zone; and OCTOBER 5, 2021 PAGE 4 B. Adopt Resolution No. 2021-45 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Petition No. 70-1019 to County Lighting Maintenance District 10006. Requested by: Public Works Department 5. PUBLIC HEARINGS: 6. COUNCIL CONSIDERATION: 6.1 RULE 20A UTILITY UNDERGROUNDING PROJECT ALTERNATIVES Recommended Action: A. Adopt Resolution No. 2021-46 Setting a Public Hearing to Determine Whether the Public Necessity, Health, Safety, or Welfare Requires the Formation of an Underground Utility District on Brea Canyon Road Between Cool Springs Drive and Cold Spring Lane and Direct Staff to Advertise the Public Hearing before the Council at the November 16, 2021 Regular Meeting. OR B. Adopt Resolution No. 2021-46 Setting a Public Hearing to Determine Whether the Public Necessity, Health, Safety, or Welfare Requires the Formation of an Underground Utility District on Diamond Bar Boulevard from Acacia Hill Road to 600 ft South of Silver Hawk Drive and Direct Staff to Advertise the Public Hearing before the Council at the November 16, 2021 Regular Meeting. Requested by: Public Works Department 6.2 AMENDMENT TO CITY MANAGER CONTRACT Recommended Action: Consider adoption of Amendment to City Manager's Contract. Requested by: City Attorney 7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 8. ADJOURNMENT: Agenda #: 4.1 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE SEPTEMBER 21, 2021 REGULAR MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the September 21, 2021 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: 4.1 Packet Pg. 7 Attachments: 1. 4.1.a September 21, 2021 City Council Minutes 4.1 Packet Pg. 8 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DIAMOND BAR CITY HALL WINDMILL COMMUNITY ROOM 21810 COPLEY DRIVE, DIAMOND BAR, CA 91765 SEPTEMBER 21, 2021 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:32 p.m. M/Lyons stated that consistent with COVID-19 regulations, members of the public were encouraged to participate and address the City Council during the public comment portion of the meeting via teleconference. Members of the City Council and limited staff were physically present for the meeting and public seating was very limited due to distancing requirements on a first-come, first-serve basis. PLEDGE OF ALLEGIANCE: Matthew from Boy Scout Troop 777 led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Stan Liu, Steve Tye, Mayor Nancy Lyons Absent: Mayor Pro Tem Ruth Low was excused. Staff in Attendance: Dan Fox, City Manager; Anthony Santos, Assistant to the City Manager; Hal Ghafari, Public Works Manager/Assistant City Engineer; Stella Marquez, Administrative Coordinator; Joan Cruz, Administrative Assistant Staff present telephonically: David DeBerry, City Attorney; David Liu, Public Works Director; Jessica Cortez, Director of Finance; May Nakajima, Associate Planne r; Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of Information Services; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager; Ryan Wright, Director of Recreation; Kristina Santana, City Clerk Also in Attendance: Diamond Bar/Walnut Station Captain Stephen Tousey, LA County Sheriff’s Department. APPROVAL OF AGENDA: As presented. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 2. PUBLIC COMMENTS: In Person: Allen Wilson encouraged decorum among Council Members. Greg Fritchle sought information on Council meeting and recordation protocol. Mindy Farabee was concerned about Council Members adherence to meeting rules during the pandemic and asked for response to her emails. 4.1.a Packet Pg. 9 SEPTEMBER 21, 2021 PAGE 2 CITY COUNCIL Jim Gallagher, Chino Hills, suggested the City institute a stronger ordinance to address obscene language on street vendors. CC/Santana announced that emails were submitted for public comment from Danielle Rivas, Barbara and Samuel Armstrong and Sanobar Baig, all of which were forwarded to the City Council and have been made available to the Public at the station in front of the Council Meeting entrance. There was no one wishing to speak telephonically. CM/Fox apologized to Ms. Farabee for missing one of her emails and said he would contact her to answer any additional questions. CM/Fox explained to Mr. Fritchle that emails are acknowledged in the minutes as being received and stored within the meeting agenda archive system. 3. CONSENT CALENDAR: C/Chou moved, C/Tye seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Low 3.1 APPROVED CITY COUNCIL MINUTES: 3.1a REGULAR MEETING OF AUGUST 17, 2021. 3.2 RATIFIED CHECK REGISTER DATED AUGUST 12, 2021 THROUGH SEPTEMBER 14, 2021 TOTALING $2,063,895.92. 3.3 APPROVED TREASURER’S STATEMENT FOR THE MONTH OF MAY 2021. 3.4 APPROVED FOR SECOND READING BY TITLE ONLY, WAIVED FULL READING, AND ADOPTED ORDINANCE NO. 02-2021 (SMALL WIRELESS FACILITY ORDINANCE) – AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO ADD NEW SECTION 22.42.135 (SMALL WIRELESS FACILITIES), AND TO AMEND SECTION 22.42.130 (RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA FACILITIES); SECTION 22.44.020 (AUTHORITY FOR LAND USE AND ZONING DECISIONS), AND SECTION 22.74.040 (FILING AND PROCESSING OF APPEALS), TO ENACT REGULATIONS GOVERNING THE DEPLOYMENT, AUGMENTATION, AND RELOCATION OF SMALL WIRELESS FACILITIES IN THE CITY IN ACCORDANCE WITH STATE AND FEDERAL LAW. 4.1.a Packet Pg. 10 SEPTEMBER 21, 2021 PAGE 3 CITY COUNCIL 3.5 ADOPTED RESOLUTION NO. 2021-41 ESTABLISHING A FINANCE SUPERVISOR CLASSIFICATION AND COMPENSATION PLAN RELATED TO THE FINANCE DEPARTMENT AND PARTTIME NON- BENEFITTED EMPLOYMENT POSITIONS. 4. PUBLIC HEARINGS: 4.1 AMENDMENTS TO THE SCHEDULE OF RATES, FEES, AND CHARGES FOR PLANNING FEES RELATED TO SMALL WIRELESS FACILITIES. AtoCM/Santos presented the staff report. M/Lyons opened the Public Hearing. With no one wishing to speak on this item, M/Lyons closed the Public Hearing. AtoCM/Santos responded to C/Chou that he was correct that fees are federally regulated. M/Lyons said her understanding is that the City is using the Safe Harbor fees because the exact costs are unknown at this time and AtoCM/Santos responded that M/Lyons was correct that this is the best recommendation based on what staff has determined to be the time to process the permit applications, and that fees could be adjusted following the monitoring period. Upon request by C/Liu, AtoCM/Santos explained the fee monitoring program. C/Chou moved, C/Liu seconded, to adopt Resolution No. 2021-42 amending the schedule of rates, fees, and cha rges for Planning Fees related to Small Wireless Facilities. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Low 5. COUNCIL CONSIDERATION: 5.1 PROCESS TO DISSOLVE EXISTING LANDSCAPE ASSESSMENT DISTRICT NO. 39 AND CONDUCT PROPOSITION 2218 BALLOT PROCESS TO ESTABLISH A NEW LANDSCAPE ASSESSMENT DISTRICT NO. 39-2022. C/Chou who lives within District No. 39, recused himself and left the 4.1.a Packet Pg. 11 SEPTEMBER 21, 2021 PAGE 4 CITY COUNCIL meeting. PWM/Ghafari provided the staff presentation. M/Lyons opened public comments. Telephonically: Mimi Chan thanked staff for their assistance in this matter and said she remained committed to assisting with public education toward approval of increasing the fees. M/Lyons closed public comments. C/Liu asked that each item be voted on separately. M/Lyons commented that she would prefer not to have to spend money on the Consulting Services Agreement for public outreach but believes it offers the best opportunity for success. C/Tye moved, C/Liu seconded, to direct staff to take the necessary steps to dissolve Landscape Assessment District No. 39. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou, MPT/Low C/Liu moved, C/Tye seconded, to direct staff to initiate the Proposition 218 ballot process for the formation of the proposed Landscape Assessment District No. 39-2022. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou, MPT/Low M/Lyons moved, C/Liu seconded, to approve and authorize the Mayor to sign the second amendment to the Consulting Services Agreement with SCI Consulting Group, to provide special assessment engineering and balloting services in the not-to-exceed amount of $15,100. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Liu, Tye, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou, MPT/Low C/Tye moved, M/Lyons seconded, to approve and authorize the Mayor to sign, the Consulting Services Agreement with NBS Government Finance 4.1.a Packet Pg. 12 SEPTEMBER 21, 2021 PAGE 5 CITY COUNCIL Group to provide public outreach/engagement services in the not-to- exceed amount of $48,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, M/Lyons NOES: COUNCIL MEMBERS: Liu ABSENT: COUNCIL MEMBERS: Chou, MPT/Low M/Lyons moved, C/Tye seconded, to appropriate $63,100 from available General Fund balance to the District 39 Operating Budget for professional services related to the Proposition 218 process and public outreach/engagement services. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, M/Lyons NOES: COUNCIL MEMBERS: Liu ABSENT: COUNCIL MEMBERS: Chou, MPT/Low C/Chou returned to the dais. 7. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Liu wished MPT/Low a happy belated birthday and wished everyone a Happy Hispanic Heritage month. Today is Chinese Mid Autumn Festival Day and he wished everyone a great moon festival celebrating families and the community coming together. He appreciated C/Tye’s message that the community come together to defeat the obscene signage and M/Lyons for promoting the City to take action. C/Chou also recognized National Hispanic Heritage month. October 2 nd he will host the second Pfizer vaccine clinic at the United Church of Christ from 9 a.m. to 12 p.m. Those wishing to visit the clinic are invited to contact C/Chou for pre - registration information. He has been on the Council for three years and enjoys the work and working with his colleagues and he believes it is time to put away differences and do the work for the City and its residents. It’s always the right time to do the right thing, and he is proud of the decisions made by this body. And tomorrow, he will proudly represent Diamond Bar in Sacramento. C/Tye was with the Contract Cities Association for the Fall Seminar last weekend. With the end of summer he looks forward to all the fall has to bring. M/Lyons announced that once again, due to the Council’s continued judiciousness, the State Auditor has named the City of Diamond Bar as a low-risk City (green risk for the state of its financials) which includes having sufficient cash-on-hand to cover unexpected expenses during the pandemic and the ratio of long-term debt to income. During last week’s Library Commission meeting, she asked if the Diamond Bar Library could be open on weekends to better serve the public and the LA County Librarian said they would consider the matter. 4.1.a Packet Pg. 13 SEPTEMBER 21, 2021 PAGE 6 CITY COUNCIL Diamond Bar continues its campaign for Caltrans to clean up the on and off ramps as well as, Metro to clean up the Park and Rides which has been somewhat successful. Last Thursday, Governor Newsome signed into law SB 9, which permits infill development of duplex and four -plex houses in neighborhoods currently zoned for single family homes by allowing owners of single family lots to split parcel into two parcels and build up to four units. The City joined with 26 other cities in an unsuccessful move to reject SB 9 as it moved through the state senate, state assembly and on to the governor, and a group is currently looking to put an initiative on the November 2022 ballot to rescind SB 9. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:30 p.m. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 5th day of October, 2021. __________________________ Nancy Lyons, Mayor 4.1.a Packet Pg. 14 Agenda #: 4.2 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED SEPTEMBER 15, 2021 THROUGH SEPTEMBER 28, 2021 TOTALING $990,269.80. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $990,269.80. 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 September 15, 2021 through September 28, 2021 totaling $990,269.80 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 4.2 Packet Pg. 15 REVIEWED BY: Attachments: 1. 4.2.a Check Register Affidavit 10-5-2021 2. 4.2.b Check Register 10-5-2021 4.2 Packet Pg. 16 4.2.a Packet Pg. 17 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3509 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 207 21118 $8.31 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 238 21118 $10.10 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 239 21118 $10.10 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 250 21118 $29.27 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 206 21118 $70.63 9/17/2021 TASC FLEX SPENDING FOR MEDICAL & CHILDCARE 09/17/2021 100 21118 $1,208.28 CHECK TOTAL $1,336.69 3510 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 106 21109 $14.62 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 239 21109 $100.16 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 201 21109 $145.83 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 238 21109 $200.31 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 250 21109 $250.18 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 207 21109 $291.24 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 206 21109 $668.76 9/17/2021 VANTAGEPOINT TRNSFR AGNTS- 303248 DEF COMP CONTRIBUTIONS/LOAN PYMTS 09/17/2021 100 21109 $11,739.35 CHECK TOTAL $13,410.45 3511 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 106 21110 $24.57 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 239 21110 $128.72 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 238 21110 $197.80 4.2.b Packet Pg. 18 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 201 21110 $353.43 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 207 21110 $647.40 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 250 21110 $958.30 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 206 21110 $962.58 9/17/2021 CALPERS PENSION CONTRIBUTION 8/28/21- 9/10/21 & 9/1-9/30/21 100 21110 $29,021.48 CHECK TOTAL $32,294.28 3512 9/28/2021 AMERICAN GUARD SERVICES INC CROSSING GUARD SERVICES - MAY 2021 100310 55412 $21,968.77 CHECK TOTAL $21,968.77 3513 9/28/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT GEN LAW SVS - JULY 2021 100310 55400 $597,784.12 9/28/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT LAW ENF CAV CPL - JULY 21 100310 55402 $9,879.18 9/28/2021 LOS ANGELES COUNTY SHERIFF'S DEPT FY2021-22 SHERIFF'S DEPT GEN LAW - CSO VEHICLE 100310 55400 $57,856.95 CHECK TOTAL $665,520.25 3514 9/28/2021 NETWORK PARATRANSIT SYSTEMS INC DIAMOND RIDE TRANS SVCS FY2021-22 JULY 21 206650 55560 $13,780.09 9/28/2021 NETWORK PARATRANSIT SYSTEMS INC DIAMOND RIDE TRANS SVS FY2021-22 AUG 2021 206650 55560 $13,864.82 CHECK TOTAL $27,644.91 3515 9/28/2021 RESOURCE BUILDERS HOME IMPROVEMENT PROJECT - 24117 DECORAH ROAD 225440 54900 $18,000.00 CHECK TOTAL $18,000.00 3516 9/28/2021 RICHARD FISHER ASSOCIATES CANYON LOOP TRAIL DESIGN-AUGUST 2021 301630 56104 $13,183.09 CHECK TOTAL $13,183.09 3517 9/28/2021 SOUTHERN CALIFORNIA EDISON 633 GRAND (08.10.21 - 09.08.21) 238638 52210 $14.89 9/28/2021 SOUTHERN CALIFORNIA EDISON 20850 HIGH COUNTRY (08.11.21 - 09.09.21) 241641 52210 $14.99 9/28/2021 SOUTHERN CALIFORNIA EDISON 21208 WASHINGTON (08.11.21 - 09.09.21) 100630 52210 $15.70 4.2.b Packet Pg. 19 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/28/2021 SOUTHERN CALIFORNIA EDISON 20980 E CANYON RIDGE (08.11.21 - 09.09.21) 241641 52210 $14.99 9/28/2021 SOUTHERN CALIFORNIA EDISON 1000 S. LEMON (08.12.21 - 09.12.21) 238638 52210 $16.90 9/28/2021 SOUTHERN CALIFORNIA EDISON CITY HALL (08.13.21 - 09.13.21) 100620 52210 $15,717.92 9/28/2021 SOUTHERN CALIFORNIA EDISON 3564 BREA CANYON ROAD (08.13.21 - 09.13.21) 238638 52210 $16.09 9/28/2021 SOUTHERN CALIFORNIA EDISON 22745 SUNSET CROSSING ROAD (08.13.21 - 09.13.21) 238638 52210 $16.28 9/28/2021 SOUTHERN CALIFORNIA EDISON 2746 BREA CANYON ROAD (08.13.21 - 09.13.21) 238638 52210 $16.09 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - DBB N/W @ TEMPLE TC-1 100655 52210 $171.26 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/OAKCREST LS-2 100655 52210 $112.27 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - BREA CYN/OAKCREST & VARIOUS TC-1 100655 52210 $317.61 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - BREA CYN/FALLOWFIELD LS-2 100655 52210 $147.41 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 24230 GOLDEN SPRINGS LS-2 100655 52210 $140.86 9/28/2021 SOUTHERN CALIFORNIA EDISON GS-1 23331 GOLDEN SPRINGS PED 100655 52210 $169.68 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 22805 GOLDEN SPRINGS LS-2 100655 52210 $185.50 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21325 PATHFINDER LS-2 100655 52210 $203.95 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21615 GATEWAY CTR DR LS-2 100655 52210 $74.48 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 22000 PATHFINDER & VARIOUS TC-1 100655 52210 $3,083.07 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21250 GOLDEN SPRINGS PED TC-1 100655 52210 $183.92 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 21250 GOLDEN SPRINGS LS-2 100655 52210 $0.02 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 21010 WASHINGTON ST TC-1 100655 52210 $84.93 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20791 GOLDEN SPRINGS TC-1 100655 52210 $127.28 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 20781 PATHFINDER TC-1 100655 52210 $125.20 4.2.b Packet Pg. 20 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3798 S BREA CANYON RD LS-2 100655 52210 $55.87 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3564 BREA CYN BPED LS-3 100655 52210 $138.92 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 3201 DBB LS-2 100655 52210 $111.72 9/28/2021 SOUTHERN CALIFORNIA EDISON GS-1 2838 S DBB PED 100655 52210 $112.53 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2746 BREA CYN BPED LS-3 100655 52210 $138.04 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 2201 DBB PED TC-1 100655 52210 $7.27 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 2201 DBB LS-2 100655 52210 $74.48 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1798 DBB/22566 GOLDEN SPRINGS TC 100655 52210 $441.55 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1798 DBB/22566 GOLDEN SPRINGS LS-2 100655 52210 $167.07 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1611 S BREA CYN TC-1 100655 52210 $66.54 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 1450 BRIDGEGATE & VARIOUS TC-1 100655 52210 $424.48 9/28/2021 SOUTHERN CALIFORNIA EDISON GS-1 1215 S BREA CYN 100655 52210 $101.38 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LGIHTS - 1025 BREA CYN TC-1 100655 52210 $118.45 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1003 GOLDEN SPRINGS LS-2 100655 52210 $195.34 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 809 S DBB TC-1 100655 52210 $97.80 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 801 S. LEMON & VARIOUS TC-1 100655 52210 $299.18 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 717 GRAND AVENUE TC-1 100655 52210 $82.18 9/28/2021 SOUTHERN CALIFORNIA EDISON TRAFFIC CONTROL - 13000 CHINO HILLS PKWY & VARIOUS 100655 52210 $936.53 9/28/2021 SOUTHERN CALIFORNIA EDISON SAFETY LIGHTS - 1 DBB/TEMPLE LS-2 100655 52210 $106.38 CHECK TOTAL $24,647.00 3518 9/28/2021 TENNIS ANYONE INC TENNIS INSTRUCTION - 2.5 SESSIONS 100520 55320 $21,960.14 CHECK TOTAL $21,960.14 3519 9/28/2021 WALNUT VALLEY WATER DISTRICT DIAMOND BAR CENTER (AUG) 100510 52220 $464.95 4.2.b Packet Pg. 21 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/28/2021 WALNUT VALLEY WATER DISTRICT PARKS (AUG) 100630 52220 $32,473.13 9/28/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 39 (AUG) 239639 52220 $12,611.14 9/28/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 38 (AUG) 238638 52220 $16,010.14 9/28/2021 WALNUT VALLEY WATER DISTRICT CITY HALL (AUG) 100620 52220 $679.33 9/28/2021 WALNUT VALLEY WATER DISTRICT DISTRICT 41 (AUG) 241641 52220 $33.58 9/28/2021 WALNUT VALLEY WATER DISTRICT RECYCLED (AUG) 238638 52220 $1,979.38 9/28/2021 WALNUT VALLEY WATER DISTRICT PARKS PT. 2 (AUG) 100630 52220 $2,081.00 CHECK TOTAL $66,332.65 3520 9/28/2021 WEST COAST ARBORISTS INC TREE MAINTENANCE (07.16.21 - 07.31.21) 100645 55522 $12,444.05 CHECK TOTAL $12,444.05 3521 9/28/2021 3CMA ANNUAL MEMBERSHIP 100240 52400 $845.00 CHECK TOTAL $845.00 3522 9/28/2021 AARON R SALO STIPEND PARKS & REC MEETING 09.23.21 100520 52525 $45.00 CHECK TOTAL $45.00 3523 9/28/2021 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES JULY 2021 100510 55330 $742.50 9/28/2021 ABSOLUTE SECURITY INTERNATIONAL INC SECURITY GUARD SERVICES AUGUST 2021 100510 55330 $1,883.25 CHECK TOTAL $2,625.75 3524 9/28/2021 ADAPT CONSULTING INC FY2021-22 EMERGENCY SUPPLIES - N95 MASKS 100350 51200 $11.00 9/28/2021 ADAPT CONSULTING INC FY2021-22 EMERGENCY SUPPLIES - N95 MASKS 100350 51200 $327.00 CHECK TOTAL $338.00 3525 9/28/2021 AREA D CIVIL DEFENSE FY2021-22 AREA D OFFICE OF DISASTER MGMT JPA DUES 100350 52400 $2,853.30 CHECK TOTAL $2,853.30 3526 9/28/2021 NAILA ASAD BARLAS STIPEND-PC MTG 7/27/21 100410 52525 $65.00 9/28/2021 NAILA ASAD BARLAS STIPEND-PC MTG 7/13/21 100410 52525 $65.00 CHECK TOTAL $130.00 4.2.b Packet Pg. 22 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3527 9/28/2021 JOHN E BISHOP INSTRUCTOR PAYMENT - MARTIAL ARTS FALL 21 100520 55320 $330.00 CHECK TOTAL $330.00 3528 9/28/2021 BONTERRA PSOMAS MIT MONITORING -TRACT 53670 JUNE4 - JULY29 2021 100 22107 $674.67 CHECK TOTAL $674.67 3529 9/28/2021 CALIFORNIA AIR RESOURCES BOARD PORTABLE EQUIPMENT REGISTRATION (CH GENERATOR) 100620 52320 $735.00 CHECK TOTAL $735.00 3530 9/28/2021 CLEAN HARBORS ENVIRONMENTAL SERVICES INC RECYCLING CITY HALL 250170 55000 $583.59 CHECK TOTAL $583.59 3531 9/28/2021 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENF - JULY 2021 100120 54024 $3,415.36 9/28/2021 DAPEER ROSENBLIT & LITVAK LLP CITY PROSECUTOR-CODE ENF ABATEMENT-AUG 2021 100120 54024 $988.15 CHECK TOTAL $4,403.51 3532 9/28/2021 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK SERVICES - 5/30-/6/26/21 100 22107 $450.00 9/28/2021 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK SERVICES - 5/30-/6/26/21 100 22107 $498.50 9/28/2021 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK SERVICES - 5/30-/6/26/21 100 22107 $967.50 9/28/2021 DAVID EVANS AND ASSOCIATES INC LANDSCAPE PLAN CHECK SVCS, 8/1- 8/28/21 100 22107 $555.00 9/28/2021 DAVID EVANS AND ASSOCIATES INC ON CALL LANDSCAPE PLAN CKG SVCS 6/27-7/31/21 100 22107 $42.50 9/28/2021 DAVID EVANS AND ASSOCIATES INC ON CALL LANDSCAPE PLAN CKG SVCS 6/27-7/31/21 100 22107 $110.00 9/28/2021 DAVID EVANS AND ASSOCIATES INC ON CALL LANDSCAPE PLAN CKG SVCS 6/27-7/31/21 100 22107 $330.00 9/28/2021 DAVID EVANS AND ASSOCIATES INC ON CALL LANDSCAPE PLAN CKG SVCS 6/27-7/31/21 100 22107 $385.00 9/28/2021 DAVID EVANS AND ASSOCIATES INC ON CALL LANDSCAPE PLAN CKG SVCS 6/27-7/31/21 100 22107 $565.00 CHECK TOTAL $3,903.50 3533 9/28/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL MEETINGS IN AUGUST 100140 54900 $400.00 4.2.b Packet Pg. 23 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/28/2021 CAROL A DENNIS MINUTE SECRETARY FOR COUNCIL MEETINGS IN SEPT 2021 100140 54900 $100.00 9/28/2021 CAROL A DENNIS MINUTE SECRETARY FOR PARKS & RECREATION COMMISSION 100520 54900 $50.00 CHECK TOTAL $550.00 3534 9/28/2021 DIAMOND BAR MOBIL VEHICLE MAINTENANCE (SMOG CHECK LIC.#1407074) 502655 52312 $59.95 CHECK TOTAL $59.95 3535 9/28/2021 DMPR 4 LLC STORAGE RENTAL UNITS 100130 52302 $1,233.00 CHECK TOTAL $1,233.00 3536 9/28/2021 ENVIRONMENTAL SCIENCE ASSOCIATES CEQA CONSULTING SVCS-TTM54081 JULY 2021 100 22107 $4,790.00 9/28/2021 ENVIRONMENTAL SCIENCE ASSOCIATES CEQA CONSULTING SVCS TTM54081 AUG 2021 100 22107 $1,200.00 CHECK TOTAL $5,990.00 3537 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT OVERNIGHT MAIL-PC AGENDA PACKET 6/8/21 CITY ATTY 100410 52170 $22.75 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT MAIL-6/22/21 PC STAFF RPT TO APPLCNT 20657 GS DR 100 22107 $22.75 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT MAIL-6/22/21 PC STAFF RPT TO APPLCNT-20657 GS DR. 100 22107 $22.75 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT MAIL-6/22/21 PC STAFF RPT TO APPLCNT-3333 DIA CYN 100 22107 $22.75 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT MAIL-6/22/21 PC STAFF RPT TO APPLCNT-3333 DIA CYN 100 22107 $22.75 9/28/2021 EXPRESS MAIL CORPORATE ACCOUNT MAIL-6/22/21 PC AGENDA PKT TO CITY ATTY 100410 52170 $22.75 CHECK TOTAL $136.50 3538 9/28/2021 FEDERAL EXPRESS CORPORATION EXPRESS COURIER 100130 52170 $19.39 CHECK TOTAL $19.39 3539 9/28/2021 GERALDINE KELLER INSTRUCTOR PAYMENT - ENRICHMENT CLASS FALL 21 100520 55320 $24.00 CHECK TOTAL $24.00 3540 9/28/2021 GOVERNMENT TAX SEMINARS LLC 2021 GOVERNMENT TAX SEMINAR-A/C TECHNICIAN 100210 52500 $410.00 CHECK TOTAL $410.00 4.2.b Packet Pg. 24 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3541 9/28/2021 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT - JULY 2021 100430 55540 $2,975.00 9/28/2021 GRAFFITI CONTROL SYSTEMS GRAFFITI ABATEMENT - AUGUST 2021 100430 55540 $2,975.00 CHECK TOTAL $5,950.00 3542 9/28/2021 HARDY & HARPER INC ROAD MAINTENANCE SERVICES (EMERGENCY WORK) 100655 55512 $1,024.71 CHECK TOTAL $1,024.71 3543 9/28/2021 HDL COREN & CONE UNSECURED AUDIT SVCS - PROPERTY TAX 100210 54010 $55.23 CHECK TOTAL $55.23 3544 9/28/2021 HODGMAN ENTERPRISES PRINTING/MAILING - SEPT NEWSLETTER, FALL REC GUIDE 100240 52110 $7,885.20 CHECK TOTAL $7,885.20 3545 9/28/2021 INLAND SOCAL MEDIA GROUP LLC DBC AD OCTOBER 2021 100510 52160 $750.00 CHECK TOTAL $750.00 3546 9/28/2021 INTEGRUS LLC MONTHLY RICOH COPY CHARGES - 8/19/21-9/18/21 100230 52100 $644.53 CHECK TOTAL $644.53 3547 9/28/2021 J & J'S SPORTS & TROPHIES ROAD MAINTENANCE (STAFF SHIRTS EMBROIDERY) 100655 51200 $231.53 CHECK TOTAL $231.53 3548 9/28/2021 K7 ENTERPRISES DBRW FABRIC BANNERS AND STANDS 100150 54900 $1,659.11 CHECK TOTAL $1,659.11 3549 9/28/2021 KENNETH L MOK STIPEND-PC MTG 7/27/21 100410 52525 $65.00 9/28/2021 KENNETH L MOK STIPEND-PC MTG 7/13/21 100410 52525 $65.00 CHECK TOTAL $130.00 3550 9/28/2021 LIA MURPHY STIPEND PARKS & REC MEETING 09.23.21 100520 52525 $45.00 CHECK TOTAL $45.00 3551 9/28/2021 LOOMIS COURIER SVCS - AUGUST 2021 100510 54900 $699.41 9/28/2021 LOOMIS COURIER SVCS - AUGUST 2021 100210 54900 $979.60 CHECK TOTAL $1,679.01 3552 9/28/2021 MAHENDRA GARG STIPEND-PC MTG 7/27/21 100410 52525 $65.00 4.2.b Packet Pg. 25 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $65.00 3553 9/28/2021 MANISHA SULAKHE STIPEND PARKS & REC MEETING 09.23.21 100520 52525 $45.00 CHECK TOTAL $45.00 3554 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - PLANNING 100410 51200 $37.55 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR DBC 100510 51200 $23.99 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR DBC 100510 51200 $71.62 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR DBC 100510 51200 $81.93 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES FOR DBC 100510 51200 $49.49 9/28/2021 OFFICE SOLUTIONS OFFICE SUPPLIES - PW/ENGINEERING 100610 51200 $102.80 CHECK TOTAL $367.38 3555 9/28/2021 ONE TIME PAY VENDOR AAUW OF DIAMOND BAR/WALNUT FULL EVENT DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3556 9/28/2021 ONE TIME PAY VENDOR BRAULIO CASTRO FULL EVENT DEPOSIT REFUND 100 20202 $1,600.00 CHECK TOTAL $1,600.00 3557 9/28/2021 ONE TIME PAY VENDOR CAROLE SCHURICHT AARP CANCELLED IN PERSON UNTIL 2022 - FULL REFUND 100 20202 $20.00 CHECK TOTAL $20.00 3558 9/28/2021 ONE TIME PAY VENDOR ELIZABETH SANDOVAL FULL EVENT DEPOSIT REFUND 100 20202 $2,033.46 CHECK TOTAL $2,033.46 3559 9/28/2021 ONE TIME PAY VENDOR ERICK MEDA EVENT DEPOSIT REFUND 100 20202 $1,250.00 CHECK TOTAL $1,250.00 3560 9/28/2021 ONE TIME PAY VENDOR GLORIA VIDAL CLASS CANCELLED LOW ENROLLMENT - FULL REFUND 100 20202 $50.00 CHECK TOTAL $50.00 3561 9/28/2021 ONE TIME PAY VENDOR HARINDER BASANTI PARTIAL EVENT DEPOSIT REFUND 100 20202 $1,018.05 CHECK TOTAL $1,018.05 3562 9/28/2021 ONE TIME PAY VENDOR JACKIE YANG EVENT DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3563 9/28/2021 ONE TIME PAY VENDOR JUDY CHO CLASS CANCELLED DUE TO LOW ENROLLMENT-FULL REFUND 100 20202 $119.00 4.2.b Packet Pg. 26 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT CHECK TOTAL $119.00 3564 9/28/2021 ONE TIME PAY VENDOR MARTHA MIJARES PARTIAL EVENT DEPOSIT REFUND 100 20202 $32.67 CHECK TOTAL $32.67 3565 9/28/2021 ONE TIME PAY VENDOR NING YANG CLASSES CANCELLED DUE TO LOW ENROLLMENT - FULL REF 100 20202 $221.00 CHECK TOTAL $221.00 3566 9/28/2021 ONE TIME PAY VENDOR PATRICIA WILLIAMS EVENT DEPOSIT REFUND 100 20202 $100.00 CHECK TOTAL $100.00 3567 9/28/2021 ONE TIME PAY VENDOR RAYMOND CHOY CLASS CANCELLED DUE TO LOW ENROLLMENT - FULL REFUND 100 20202 $102.00 CHECK TOTAL $102.00 3568 9/28/2021 ONE TIME PAY VENDOR SAI TANNA EVENTDEPOSIT REFUND 100 20202 $1,000.00 CHECK TOTAL $1,000.00 3569 9/28/2021 ONE TIME PAY VENDOR TRI COUNTIES ASSOCIATION OF REALTORS EVENT DEPOSIT REFUND 100 20202 $850.00 CHECK TOTAL $850.00 3570 9/28/2021 ONE TIME PAY VENDOR VANESSA KERNELL INSTRUCTOR OK'D TRANSFER - LEFTOVER AMT. REFUNDED 100 20202 $30.00 CHECK TOTAL $30.00 3571 9/28/2021 ONE TIME PAY VENDOR YANNING PAN INSTRUCTOR CANCELLED DUE TO LOW ENROLL - FULL REFUND 100 20202 $102.00 CHECK TOTAL $102.00 3572 9/28/2021 ONE TIME PAY VENDOR JEFF CRUZ CD DEPOSIT REFUND 21210 MALPACHE 100 22105 $250.00 CHECK TOTAL $250.00 3573 9/28/2021 ONE TIME PAY VENDOR LAKESIDE GENERAL CONTRACTORS CD DEPOSIT REFUND 1165 OVERLOOK 100 22105 $250.00 CHECK TOTAL $250.00 3574 9/28/2021 ONE TIME PAY VENDOR SUNSHINE ROOFING CD DEPOSIT 2916 CASTLE ROCK RD 100 22105 $250.00 CHECK TOTAL $250.00 3575 9/28/2021 PAPER RECYCLING & SHREDDING RECYCLING CITY HALL 250170 55000 $65.00 CHECK TOTAL $65.00 4.2.b Packet Pg. 27 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 3576 9/28/2021 PUBLIC STORAGE #23051 STORAGE RENTAL UNIT 100130 52302 $466.00 CHECK TOTAL $466.00 3577 9/28/2021 RAPHAEL H PLUNKETT STIPEND PARKS & REC MEETING 09.23.21 100520 52525 $45.00 CHECK TOTAL $45.00 3578 9/28/2021 RAYMOND WALTER WOLFE STIPEND-PC MTG 7/27/21 100410 52525 $65.00 9/28/2021 RAYMOND WALTER WOLFE STIPEND-PC MTG 7/13/21 100410 52525 $65.00 CHECK TOTAL $130.00 3579 9/28/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUGUST 2021 206650 55610 $240.00 9/28/2021 REGIONAL TAP SERVICE CENTER FOOTHILL PASSES - AUGUST 2021 206650 55620 $960.00 9/28/2021 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - AUGUST 2021 206650 55620 ($16.20) 9/28/2021 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - AUGUST 2021 206650 55610 $62.40 9/28/2021 REGIONAL TAP SERVICE CENTER FOOTHILL/METRO PASSES - AUGUST 2021 206650 55620 $249.60 CHECK TOTAL $1,495.80 3580 9/28/2021 RESOURCE BUILDERS HIP: 24117 DECORAH ROAD - 10% RETENTION PAYOFF 225440 54900 $2,000.00 CHECK TOTAL $2,000.00 3581 9/28/2021 SHEPPARD MULLIN RICHTER & HAMPTON PROFESSIONAL SERVICES - TRES HERMANOS IN AUG. 2021 100120 54022 $653.18 CHECK TOTAL $653.18 3582 9/28/2021 STEPHEN QIU STIPEND PARKS & REC MEETING 09.23.21 100520 52525 $45.00 CHECK TOTAL $45.00 3583 9/28/2021 TASC FSA FEES 100220 52515 $117.00 CHECK TOTAL $117.00 3584 9/28/2021 THE GAS COMPANY HERITAGE PARK (08.12.21 - 09.13.21) 100630 52215 $42.16 9/28/2021 THE GAS COMPANY DIAMOND BAR CENTER (08.13.21 - 09.14.21) 100510 52215 $49.92 CHECK TOTAL $92.08 3585 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD - PC MEETING 8/24/21 100 22107 $612.50 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD PUBLISHED ON SEPT. 10 100140 52160 $566.00 4.2.b Packet Pg. 28 City of Diamond Bar Check Register CHECK # CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD PUBLISHED ON SEPT. 15, 2021 100140 52160 $462.50 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PLNG COM MTG 9/28/21 21130 GOLDEN SPRINGS 100 22107 $612.50 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD - PLNG COM MTG-9/14/21 1139 DIA BAR BL #F 100 22107 $575.00 9/28/2021 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-PLNG COM MTG-9/14/21 24011 FALCONS VIEW 100 22107 $665.00 CHECK TOTAL $3,493.50 3586 9/28/2021 TYLER TECHNOLOGIES INC IMPLEMENTATION - ERP SYSTEM 503230 56135 $700.00 CHECK TOTAL $700.00 3587 9/28/2021 URBAN LAND INSTITUTE TECHNICAL ASSISTANCE PANEL- DIAMOND BAR TOWN CTR 100150 54900 $5,000.00 CHECK TOTAL $5,000.00 3588 9/28/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $643.28 9/28/2021 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES (DBC) 100510 51210 $51.64 CHECK TOTAL $694.92 3589 9/28/2021 WEST COAST MEDIA INC DIAMOND BAR CENTER ADVERTISEMENT 100510 52160 $500.00 CHECK TOTAL $500.00 3590 9/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG 7/27/21 100410 52525 $65.00 9/28/2021 WILLIAM AUSTIN RAWLINGS STIPEND-PC MTG ATTENDANCE 7/13/21 100410 52525 $65.00 CHECK TOTAL $130.00 GRAND TOTAL $990,269.80 4.2.b Packet Pg. 29 Agenda #: 4.3 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FISCAL YEAR 2021-22 APPROPRIATION ADJUSTMENTS FOR GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL PROJECT CARRYOVERS. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Approve an appropriation from General Fund reserves of $167,884.00 to carry forward appropriations from FY 2020-21 to FY 2021-22 for previously encumbered goods and services; B. Approve an appropriation from various Special Revenue Funds reserves of $378,750.00 to carry forward appropriations from FY 2020-21 to FY 2021-22 for previously encumbered goods and services; C. Approve an appropriation from Capital Improvement Project Fund reserves in the amount of $369,249.00 to carry forward appropriations from FY 2020-21 to FY 2021-22 for previously encumbered goods and services; and D. Carry over the related purchase orders encumbered in FY 2020-21 in the amount of $815,883.00 to FY 2021-22. BACKGROUND: Each fiscal year, the City Council adopts a budget and appropriates the funds included in that budget. The City’s budget policies state that prior year appropriations lapse unless they are approved for carryover into the following fiscal year. Encumbrances for previously ordered goods and services not received by June 30 th must be carried over and re-appropriated in the new fiscal year. After Fiscal Year 2020-21 was preliminarily closed, staff was able to determine which capital projects were not completed by June 30, 2021 and should be carried over into the next fiscal year for completion. 4.3 Packet Pg. 30 ANALYSIS: In order for staff to carry out the spending plans that were approved in the Fiscal Year 2020-21 Operating and Capital Improvement Budget, the unexpended appropriations from Fiscal Year 2020-21 will need to be reallocated to Fiscal Year 2021 -22. Carry Forward of General Fund Operating Appropriations At the end of Fiscal Year 2020-21 there were various goods and services encumbered but not received or paid for and therefore the related purchase orders must be carried over into Fiscal Year 2021-22. The carryover of these appropriations is an appropriation of General Fund reserves because as previously stated, all appropriations lapse and the end of the prior fiscal year. These unexpended funds must be carried over and re - appropriated in order to complete the projects that were in progress at June 30, 2021. Attachment 1 lists operating expenditure purchase order carryovers and the related budget adjustments in the amount of $167,884.00 for the General Fund. Special Revenue and Internal Service Funds Carryover Appropriations There were also various goods and services funded by special revenue funds and internal service funds that were encumbered but not paid for by Ju ne 30, 2021. Some of these items include professional services related to the Housing Element Update, consulting services/training for the new ERP system, City Hall Indoor air quality project. Attachment 2 lists the special funds and internal funds purchase order carryovers and related budget adjustments in the amount of $378,750.00. Capital Project Carryover Appropriations The amount of open purchase orders at June 30, 2021 requiring carry over into Fiscal Year 2021-22 that are related to the Capital Improvement Project budget total $269,249.00. Additionally, there is one project that was not encumbered by the end of the fiscal year totaling $100,000.00. When the budget for Fiscal Year 2021-22 was approved by the City Council, it included new appropriations for capital projects as well as estimated carryovers for existing projects. Often, capital projects require more than one fiscal year for completion. Now that Fiscal Year 2020-21 has been preliminarily closed, staff is able to compare the estimated carryover appropriations already included in the Fiscal Year 2021-22 budget and the actual amount of funds still required for each project. Attachment 3 lists capital projects in progress at year-end. The schedule compares the portion of the project that was estimated to be carried over into Fiscal Year 2021-22 as stated in the adopted budget and what portion of the project was actually completed by June 30, 2021. The difference between the two is what is what requires a re- appropriation of funds that were not included in the adopted budget. When comparing the estimated carryover included in the Fiscal Year 2021-22 budget and the amount 4.3 Packet Pg. 31 required to be carried over, the additional appropriations for carryover projects needs to be increased in Fiscal Year 2021-22 by $369,249.00. PREPARED BY: REVIEWED BY: Attachments: 1. 4.3.a General Fund Carryovers 2. 4.3.b Special Revenue Funds Carryovers 3. 4.3.c CIP Carryovers 4.3 Packet Pg. 32 General FundCarryover Budget AmendmentFrom FY 2020‐21 to FY 2021‐22PO   #Description General Ledger Accounts Budget Estimated Actual   Budget Carry Over Amount Amended Budget 00000079Technical Assistance for Economic Development 100150‐54900 30,000            25,000           ‐               5,000           5,000           00200089Area 1 & 2 Design100615‐54400 6,287              ‐                 ‐               6,287           6,287           00000061Contract Engineering Services100615‐54410 40,000            36,891           ‐               3,109           3,109           00200160Engineering Design Services100615‐54410 79,900            46,200           ‐               33,700         33,700         00000058ATP Grant Writing Services100615‐54410 21,620            12,329           ‐               9,291           9,291           00000046Professional Services ‐  Plan Check100615‐54420 10,000            6,258             ‐               3,742           3,742           00000080Professional Services ‐  Plan Check100615‐54420 10,000            620                 ‐               9,380           9,380           00190137On‐Call Engineering Services100615‐54420 1,218              96                   ‐               1,122           1,122           00200094On‐Call Engineering Services/Staff Augmentation 100615‐54420 15,000            1,048             ‐               13,952         13,952         00000046Professional Services ‐ Inspections 100615‐54440 5,000              462                 ‐               4,538           4,538           00000080Professional Services ‐ Inspections 100615‐54440 4,000              ‐                 ‐               4,000           4,000           00190137On‐Call Engineering Services 100615‐54440 2,350              1,060             ‐               1,290           1,290           00000102Road Marking Line Striper 100655‐51250 7,222              ‐                 ‐               7,222           7,222           00000033Road Maintenance Services 100655‐55512 310,000          304,149         ‐               5,851           5,851           00000033Sidewalk Inspection & Repair ‐ Pantera Park 100655‐55514 130,000          120,600         ‐               9,400           9,400           00000033Signing and Striping 100655‐55516 50,000            ‐                 ‐               50,000         50,000         Total Carryover 167,884      FY 2020‐21 FY 2021‐224.3.aPacket Pg. 33 Special Revenue FundsCarryover Budget AmendmentFrom FY 2020‐21 to FY 2021‐22PO   #Description General Ledger Accounts BudgetEstimated Actual   Budget Carry Over AmountAmended Budget 00000069Housing Element Update103410‐54300 75,364           24,634            37,682.00    13,048           50,730          00000099Home Improvement Project ‐ 24117225440‐54900 110,406         84,846            155,451.00 2,000              157,451        00190125Consulting Services ‐ Land Management503230‐56135 18,471           4,831               ‐                13,640           13,640          00190192Consulting Services ‐ ERP Implementation503230‐56135 96,910           91,878            ‐                50,032           50,032          00190182Implementation of Finance ERP System503230‐56135 408,158         200,636          ‐                255,122         255,122        00000096City Hall Indoor Air Quality Project504620‐56100 50,000           5,092               ‐                44,908           44,908          Total Carryover 378,750        FY 2020‐21 FY 2021‐224.3.bPacket Pg. 34 CIP FundCarryover Budget AmendmentFrom FY 2020‐21 to FY 2021‐22PO   #Description General Ledger Accounts BudgetEstimated Actual  BudgetCarry Over AmountAmended Budget00000101Construction of the Diamond Bar Blvd301610‐56101 1,057,505         944,387         ‐           113,118        113,118        00200089Area 1 & 2 Design301610‐56101 68,439                18,706            ‐            49,733            49,733            00180178Grand/Golden Springs Intersection301610‐56105 10,000                2,499              ‐            7,501              7,501              20015901Canyon Loop Trail Ceqa Surveys301630‐56104 127,472             57,340            ‐            70,132            70,132            00200049Canyon Loop Trail Design301630‐56104 29,903                1,138              ‐            28,765            28,765            *Heritage Park Roof Replacement Project 301630‐56104 100,000             ‐                  ‐           100,000        100,000        *No purchase order issued in FY 2020‐21369,249         FY 2020‐21  FY 2021‐22Total Carryover4.3.cPacket Pg. 35 Agenda #: 4.4 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CONTINUED USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2021-43, providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Diamond Bar City Council, City Commissions and Subcommittees. FINANCIAL IMPACT: No financial impact. BACKGROUND: The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings – with some exceptions as defined under the law. Due to the continued impact of the COVID-19 pandemic, the California Legislature passed AB 361, which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declar ed state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. 4.4 Packet Pg. 36 ANALYSIS: Under AB 361, and specifically Government Code section 54953, legislative bodies may use teleconferencing without complying with certain teleconference requirements in the Brown Act, such as posting agendas at each teleconferencing location and permitting the public to attend each teleconferencing location; provided that the specified health and safety circumstances listed above exist and the legislative body makes specified findings that meeting in person poses a health and safety risk to its members and/or the public. Although the City Council is meeting in person, situations may arise in which it is unsafe for a member(s) of the City Council or a commission or committee to attend the meeting in person, such as when a member has b een exposed to or contracted COVID- 19, is unvaccinated or is in a high -risk group. In person meetings for the public may also pose safety risks for these same reasons. The Resolution would authorize members of the City Council and set the policy for th e City’s commissions and committees, to teleconference into a meeting as long as the teleconferencing was done in compliance with Government Code section 54953. The requirements include ensuring that the public can participate in the meeting by way of teleconferencing including the ability to provide public comments through this forum. The City Council is currently going beyond what the Brown Act requires by holding meetings in person and by way of teleconference and allowing the public to participate in both forums. In order to continue to have the ability to use the modified teleconferencing, AB 361 requires that the City Council re -affirm its findings every 30 days. Similar resolutions will be presented to the City’s commissions and committees for their consideration. The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. PREPARED BY: 4.4 Packet Pg. 37 REVIEWED BY: Attachments: 1. 4.4.a Resolution No. 2021-43 4.4 Packet Pg. 38 RESOLUTION NO. 2021-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE DIAMOND BAR CITY COUNCIL AND OTHER CITY COMMISSIONS AND COMMITTEES SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; and WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; and WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public , that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; and WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; and WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; and WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; and WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements is set to expire; and WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361, which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to 4.4.a Packet Pg. 39 Resolution No. 2021-43 2 promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due to a recent increase in COVID-19 cases believe to be caused by the so-call Delta Variant; and WHEREAS, the Diamond Bar City Council must approve a Resolution reaffirming that the requirements set forth in Assembly Bill 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of Assembly Bill 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the City Council’s desire to permit members of its legislative bodies to attend by way of teleconference pursuant to Assembly Bill 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID -19 poses an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the City’s legislative bodies, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the legislative bodies of the City of Diamond Bar may participate in meetings subject to the Brown Act by way of teleconference in accordance with Assembly Bill 361. 5. That if a member of a legislative body of the City of Diamond Bar teleconferences into a meeting subject to the Brown Act due to an imminent health and safety risk arising out of COVID-19, the meeting shall be held in 4.4.a Packet Pg. 40 Resolution No. 2021-43 3 accordance with AB 361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducting the meeting in a manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. 6. The requirements of AB 361 shall only apply in the event that a member of a legislative body of the City of Diamond Bar desires to attend a meeting subject to the Brown Act by way of teleconference due to concerns that attending such a meeting poses an imminent risk to his or her health and safety or those in attendance arising out of the COVID-19 pandemic. If a member of a legislative body of the City of Diamond desire to attend a meeting by way of teleconferencing for some other reason, all Brown Act teleconferencing requirements shall apply. IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the City Council of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the legislative bodies of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED this 5th day of October, 2021. THE CITY OF DIAMOND BAR ___________________________ Nancy Lyons, Mayor [Attestation continued on the following page] 4.4.a Packet Pg. 41 Resolution No. 2021-43 4 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 5th day of October, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk 4.4.a Packet Pg. 42 Agenda #: 4.5 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ANNEXATION OF SEVEN (7) STREET LIGHTS ON LARKSTONE DRIVE FROM DAB COURT TO LARKSTONE PARK TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2021-44 Granting Consent and Jurisdiction to the County of Los Angeles in the Matter of County Lighting Maintenance District 10006 and County Lighting District LLA-1, Diamond Bar Zone; and B. Adopt Resolution No. 2021-45 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Petition No. 70 -1019 to County Lighting Maintenance District 10006. FINANCIAL IMPACT: The costs for the operation and maintenance of public street lights located within the Lighting District are primarily funded by ad valorem property tax and supplemented by street lighting assessments. The current annual base-assessment rate for a single- family home is $13. For other types of property uses, such as apartments and commercial businesses, the assessment rate is proportionally higher . For the South Pointe Middle School property being annexed, the proposed annual assessment rate is $26. As shown on the attached Property Tax Transfer Work Sheet (Attachment 3) the current allocated tax-share ratio for the City of Diamond Bar is $0.051917418. Out of the City’s tax share ratio, the City would allocate $0.000666330 to County Lighting Maintenance District 10006 (CLMD 10006), with a remaining net share to the City of $0.051251088. Since these are privately owned properties, the City, along with other special districts, would share a portion of the growth of the 1% property tax with CLMD 10006 when the 4.5 Packet Pg. 43 properties are improved. The City does not “lose” property tax money; rather, the City, along with other special districts, will share the “growth” of property tax with CLMD 10006. These property tax revenues have helped to keep the base -rate assessment a consistent cost for Diamond Bar since 1992 in the CLMD 10006. If the City had chosen to form its own district rather than transfer the street lights to the County, the assessments would need to increase significantly to make this operation financially feasible. BACKGROUND: In accordance with Section 66462 of the Subdivision Map Act, on June 1, 2007, the City of Diamond Bar (City) entered into development agreement No. 2005-01 with JCCL- South Pointe West, LLC, the original subdivider, to complete various improvements for Tract Map 63623. On October 21, 2015, the development agreement was assigned to Lennar Homes of California, Inc., the current subdivider. The agreement was amended on May 4, 2018, to make minor modifications to the development agreement. The subdivider was conditioned to install seven (7) new street lights on Larkstone Drive as a part of their public improvements. The street lights were conditioned to be annexed into CLMD 10006, consistent with the majority of the street lights within the City. As part of the annexation process, LA County circulated Petition No. 70-1019 to the property owners representing 60% or more of the annexation area, which in this case consists of South Pointe Middle School/Walnut Valley Unified School District and the City of Diamond Bar. The Petition indicates the property owners’ support or opposition to the proposed assessment that would be levied as a result of the annexation. Both the City and the School District were in favor of the annexation. Now, the approval of the two (2) proposed resolutions is the next step in the annexation process as outlined in Attachment 4. ANALYSIS: The area described as Petition No. 70-101 (Attachment 5) is being processed for annexation to CLMD 10006 and County Lighting District LLA-1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of seven (7) street lights on Larkstone Drive from Dab Court to Larkstone Park. CLMD 10006 is located wholly within the jurisdictional boundary of the City and is administered by the County of Los Angeles (County) on behalf of the City. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, a separate Joint Resolution should be concurrently approved by the City and the County. The City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and the other affected taxing agencies is listed in the attached worksheets (Attachment 3) in the Resolution. With the City Council’s approval of the attached Resolution Granting Consent and Jurisdiction and the Joint Resolution, the County will schedule a public hearing before the County Board of Supervisors to execute the Joint Resolution and complete the annexation process, thus beginni ng the exchange of property tax 4.5 Packet Pg. 44 revenues between the City and CLMD 10006. LEGAL REVIEW: The City Attorney has reviewed and approved the resolutions as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.5.a Resolution No. 2021-44 (Granting Consent) 2. 4.5.b Resolution No. 2021-45 (Joint) 3. 4.5.c Worksheet 4. 4.5.d Consent Letter 5. 4.5.e Map 4.5 Packet Pg. 45 RESOLUTION NO. 2021-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT-1, CITY OF DIAMOND BAR, PETITION NO. 70-1019. WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territories to County Lighting Maintenance District 10006 and County Lighting District LLA-1, Diamond Bar Zone; and WHEREAS, street lights have been installed in the proposed annexation territory known as Petition No. 70-1019 located in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lie within the boundary of the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, as follows: Section 1. That the public interest, convenience, and necessity require the maintenance of a street lighting system located within said territory as shown on the attached map of the proposed to County Lighting Maintenance District 10006 (Exhibit A) and County Lighting District LLA-1, Diamond Bar Zone, attached and on file in the office of the County of Los Angeles Department of Public Works. Section 2. That this City Council hereby consents to the annexation of said territory, as shown on the enclosed map (Exhibit A), included within the boundary of said annexation and lying within the boundary of the City of Diamond Bar. Section 3. That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the proposed annexation, and hereby consents the inclusion of said land within the proposed annexation and to the assessment thereof. Section 4. That the consent of the City of Diamond Bar is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA-1. Diamond Bar Zone, by the County Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the California Streets and Highways Code. 4.5.a Packet Pg. 46 Resolution No. 2021-44 2 Section 5. That the Clerk of the City Council is hereby directed to certify and deliver two copies of this resolution to the County of Los Angeles Department of Public Works. Section 6. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval. PASSED, APPROVED AND ADOPTED this 5th day of October, 2021. THE CITY OF DIAMOND BAR ________________________ Nancy Lyons, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 5th day of October, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 4.5.a Packet Pg. 47 Resolution No. 2021-XX 3 EXHIBIT A 4.5.a Packet Pg. 48 RESOLUTION 2021-45 JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF TRUSTEES OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT, THE BOARD OF DIRECTORS OF THE SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT- ORIGINAL AREA, THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT, AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PETITION NO. 70-1019 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attribute to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County Lighting Maintenance District 10006, the Los Angeles County General Fund, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control Drainage Improvement Maintenance District, and the Los Angeles County Flood Control District; the Board of Trustees of the Greater Los Angeles County Vector Control District; the Board of Directors of the County Sanitation District No. 21 of Los Angeles County; the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District – Original Area; the Board of Directors of the Walnut Valley Water District; the Board of Directors of the Walnut Valley Water District Improvement District No. 5; have determines that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identifies as Petition No. 70-1019 to County Lighting Maintenance District 10006 is as shown on the attached Property Tax Transfer Resolution Worksheet (Exhibit A). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The negotiated exchange of property tax revenues between the County Lighting Maintenance District 10006, the Los Angeles County General Fund, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the Los Angeles County Flood Control Drainage Improvement Maintenance 4.5.b Packet Pg. 49 Resolution No. 2021-45 2 District, and the Los Angeles County Flood Control District, the Greater Los Angeles County Vector Control District, the County Sanitation District No. 21 of Los Angeles County, the City of Diamond Bar; the Three Valleys Municipal Water District – Original Area; the Walnut Valley Water District; the Walnut Valley Water District Improvement District No. 5 resulting from the annexation proposal identified as Petition No. 70 -1019 to County Lighting Maintenance District 10006 is approved and accepted. Section 2. For fiscal years commencing on or after July 1, 2021, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within Petition No. 70-1019, the Tax Rate Area 14316 shall be allocated to the affected agencies as indicated in the attached Property Tax Transfer Resolution Worksheet (Exhibit A). Section 3. No transfer of property tax revenues other than those specified in Paragraph 2, shall be made as a result of the annexation of Petition No. 70 -1019. Section 4. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to preform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval. PASSED, APPROVED AND ADOPTED this 5th day of October, 2021. THE CITY OF DIAMOND BAR ________________________ Nancy Lyons, Mayor [Signatures continued on the following page] 4.5.b Packet Pg. 50 Resolution No. 2021-45 3 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 5th day of October, 2021, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ________________________ Kristina Santana, City Clerk 4.5.b Packet Pg. 51 Resolution No. 2021-45 4 EXHIBIT A 4.5.b Packet Pg. 52 Resolution No. 2021-45 5 4.5.b Packet Pg. 53 4.5.c Packet Pg. 54 4.5.c Packet Pg. 55 COUNTY OF LOS ANGELES MARK PESTRELLA, Director J une 18, 2020 M r. Dan Fox, City Manager City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Attention Mr. Fabian Aoun Dear Mr. Fox: DEPARTMENT OF PUBLIC WORKS 'o Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 I N REPLY PLEASE REFER TO FILE: T-5 A NNEXATION OF TERRITORY — PETITION NO. 70-1019 A NNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 A ND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT-1, DIAMOND BAR ZONE, LARKSTONE DRIVE CITY OF DIAMOND BAR As requested by Mr. Aoun, enclosed is Petition No. 70-1019 for the annexation of Larkstone Drive East of Dab Court, to the subject County Lighting Districts in order for the Districts to assume responsibility for the operation and maintenance costs of seven streetlights installed by the developer. The annexation will provide for the County Lighting Districts to receive a share of the ad valorem property tax collected from benefitted property owners and levy a new annual streetlight assessment to pay for the operation and maintenance costs of the streetlights. The base assessment amount is $13 for a single-family residence with proportionately h igher rates for other land uses, which will be levied on each parcel included in the enclosed petition. A map showing the annexation area is included in the petition. A nnexation to the County Lighting Districts is a multi-step process. The first step requires our receipt of the enclosed petition with signatures of property owners or authorized representatives representing 60 percent or more of the annexation area. If the petition is u nsuccessful, the petition annexation process will terminate. The enclosed Streetlight Petition Annexation Procedures describe the steps involved, which will normally require 18 months or more to complete once we receive the signed petition with the required n umber of signatures. If the annexation is not approved, the City will continue to be responsible for the operation and maintenance costs of the streetlights. 4.5.d Packet Pg. 56 Mr. Dan Fox J une 18, 2020 Page 2 The affidavit accompanying the petition must be signed before a notary public and returned with the signed petition to us. Upon meeting the petition signature requirements, we will commence the legal process for annexation to the County Lighting Districts. We request the return of the signed affidavit and petition by June 30, 2020. If you have any questions, please contact Mr. Tony Trujillo, Traffic Safety and Mobility Division, at (626) 300-4865 or ttrujill©pw.lacounty.clov. Very truly yours, MARK PESTRELLA Director of Public Works E MIKO THOMPSON Assistant Deputy Director TT:dj SHARED DOC/ST LT/PROJ/PET 70-1019/PET DIAMOND BAR/70-1019 TO CITY.DOCX Enc. 4.5.d Packet Pg. 57 4.5.d Packet Pg. 58 4.5.d Packet Pg. 59 4.5.d Packet Pg. 60 LOS ANGELES COUNTY PUBLIC WORKS ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT-1, DIAMOND BAR ZONE, PETITION NO. 70-1019 LARKSTONE DRIVE CITY OF DIAMOND BAR The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 Dear Supervisors: We, the undersigned owners or authorized representatives of real property within the area designated by the attached map, respectfully request that: 1. The area be annexed to County Lighting Maintenance District 10006 and County Lighting District Landscaping and Lighting Act-1, Diamond Bar Zone. 2. Provisions be made for the operation and maintenance of streetlights and the assessment of the costs thereof. We understand if this petition is found to contain the signatures of the property owners or authorized representatives who represent 60 percent or more of the benefitted area, a ballot will be mailed to each property owner or authorized representative within the proposed annexation area to indicate the property owner’s support or opposition to the proposed assessment. Should the above criteria be met, the estimated amount of the first year's assessment for each benefitted property is as follows: ESTIMATED ASSESSMENT FOR FISCAL YEAR (FY) 2021-22 1. Vacant A. Installation Cost $0 B. Operation and Maintenance Cost for FY 2021-22 $0 Total Estimated Annual Assessment $0 4.5.d Packet Pg. 61 Petition 70-1019 Page 2 2. Elementary School A. Installation Cost $ 0 B. Operation and Maintenance Cost for FY 2021-22 $ 26 Total Estimated Annual Assessment $ 26 The above assessment will be added to the FY 2021-22 tax bills of property owners of developed properties within the benefitted area. Each year, thereafter, an assessment for operation and maintenance costs of the streetlights, approved by the Board, will be added to the tax bill of property owners. 4.5.d Packet Pg. 62 Petition 70-1019 Page 3 Petition "Supporting" Annexation of Streetlights We declare that: We are the owners or authorized representatives of real property within that certain territory designated on the attached map and are in favor of the annexation of the area to County Lighting Maintenance District 10006 and County Lighting District Landscaping and Lighting Act-1, Diamond Bar Zone. Please sign, print your name and telephone number, and indicate your support for street lighting in your area. Respectfully, SIGNATURE PRINT NAME ADDRESS TELEPHONE APN NUMBER (COUNTY USE ONLY ) ~Ja DAJ~/ VACANT '701.f!J~g. Mailing Address City of Diamond Bar 8763-026-909 2181 0 Copley Drive lo lo Diamond Bar, CA 9 1765 20671 Larkstone Dr '{oct -~<15-~ M A-r-r Mailing Address To~ Walnut Valley Unified I 2.11 f 8763-026-911 School District 8763-026-912 21660 Copley Drive fiA<rl .C/.11./.2(, Diamond Bar, CA 91765 Attach. 4.5.d Packet Pg. 63 Petition 70-1019 Page 4 Petition “Against” Annexation of Streetlights We declare that: We are the owners or authorized representatives of real property within that certain territory designated on the attached map and are not in favor of the annexation of the area to County Lighting Maintenance District 10006 and County Lighting District Landscaping and Lighting Act-1, Diamond Bar Zone. Please sign, print your name and telephone number, and indicate your non-support for street lighting in your area. Respectfully, SIGNATURE PRINT NAME ADDRESS TELEPHONE NUMBER APN (COUNTY USE ONLY) VACANT Mailing Address City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 8763-026-909 20671 Larkstone Dr Mailing Address Walnut Valley Unified School District 21660 Copley Drive Diamond Bar, CA 91765 8763-026-911 8763-026-912 Attach. 4.5.d Packet Pg. 64 Page 1 of 2 STREETLIGHT PETITION ANNEXATION PROCEDURES COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LANDSCAPING AND LIGHTING ACT-1 (COUNTY LIGHTING DISTRICTS) CITY OF DIAMOND BAR Annexation to the County Lighting Districts (CLDs) serving the City of Diamond Bar (City) is required for the CLDs to assume responsibility for operation and maintenance of existing streetlights. Since the costs of operation and maintenance of streetlights must be paid for by the property owners who benefit from street lighting, a streetlight petition must be circulated and signed by a majority of the property owners who represent at least 60 percent or more of the area proposed for annexation. The petition annexation process is multi-step and concludes with a public hearing before the Board of Supervisors of the County of Los Angeles (BOS). Proposition 218 assessment ballots received from the benefitting property owners will be tabulated at the conclusion of the public hearing. If there is a majority protest, the annexation is unsuccessful. Existing streetlights will not be accepted into the CLDs and their operation and maintenance will remain with the City. Many of the steps below are required by law. Steps 4 through 14 require approximately 18 to 24 months to complete. 1. Public Works (PW) receives a request for streetlight annexation from the City who will circulate a petition requesting existing streetlights to be annexed into the CLDs serving the City. 2. PW prepares and mails to the City a petition letter and a small map showing the proposed annexation area. 3. PW receives the signed petition letter from the City and confirms that the signatures of the property owners or authorized representatives represent 60 percent or more of the area to be annexed. 4. PW prepares a Consent and Jurisdiction Resolution for City to approve granting consent to Public Works to initiate annexation proceedings. 5. PW files a Resolution Initiating Proceedings with the BOS for the annexation of territory to the CLDs and ordering preparation of an Engineer's Report. 6. PW prepares a legal description and map of the area to be annexed. 7. PW submits the legal description and map to the County Assessor for approval. 8. PW prepares Joint Resolutions for the Negotiated Exchange of Property Tax Revenues for approval by various taxing agencies providing service to the area for a share of the ad valorem property tax. 4.5.d Packet Pg. 65 Diamond Bar Annexation Procedures Page 2 of 2 9. PW files the Engineer’s Report with the BOS and prepares a Resolution of Intention to annex territory to the CLDs and order the levying of assessments for Fiscal Year 2021-22. BOS approval of the Engineer's Report and adoption of the Resolution of Intention authorizes the mailing of assessment ballots 45 days in advance of the public hearing, and the publishing and posting of public hearing notices. 10. The Executive Office (EO) of the BOS publishes a public hearing notice and PW prepares and mails assessment ballots including the notice of public hearing and streetlight design layout to property owners within the annexation area. 11. The EO tabulates the ballots and presents the results to the BOS at the conclusion of the public hearing. 12. BOS approves the annexation and the levy of assessments contingent upon no majority protest. 13. Should a majority protest exist, the annexation is terminated, and the City and affected property owners will be notified by mail. 14. If there is no majority protest, PW will file the annexation with the State Board of Equalization by December 1, 2020, and accept the existing streetlights within the annexation area and be responsible their operation and maintenance costs on July 1, 2021. ST LT/PROJ/PET 70-1019/PET LTR DIAMOND BAR/ST LT PET ANNEXATION PROC.DOCX 4.5.d Packet Pg. 66 TRA 10065 5/12/20 4.5.d Packet Pg. 67 4.5.e Packet Pg. 68 Agenda #: 6.1 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RULE 20A UTILITY UNDERGROUNDING PROJECT ALTERNATIVES STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: A. Adopt Resolution No. 2021-46 Setting a Public Hearing to Determine Whether the Public Necessity, Health, Safety, or Welfare Requires the Formation of an Underground Utility District on Brea Canyon Road Between Cool Springs Drive and Cold Spring Lane and Direct Staff to Advertise the Public Hearing before the Council at the November 16, 2021 Regular Meeting. OR B. Adopt Resolution No. 2021-46 Setting a Public Hearing to Determine Whether the Public Necessity, Health, Safety, or Welfare Requires the Formation of an Underground Utility District on Diamond Bar Boulevard from Acacia Hill Road to 600 ft South of Silver Hawk Drive and Direct Staff to Advertise the Public Hearing before the Council at the November 16, 2021 Regular Meeting. FINANCIAL IMPACT: As of this current calendar year, the City has a work credit balance of $1,593,642 under the Rule 20A Program. The selected/proposed project will be fully funded by the available work credit. If the City requests any additional work other than what’s identified under Rule 20A (e.g. additional or decorative streetlight poles, replacement of traffic signal poles, etc.), costs associated with those work will be the responsibility of the City. BACKGROUND: In 1967, the California Public Utilities Commission (CPUC) ordered electric utilities, by virtue of Rule 20, to underground their facilities. Additionally, the CPUC determined that communications companies must follow the electric utilities and underground their 6.1 Packet Pg. 69 systems accordingly. The CPUC’s Rule 20A Program, which is one of the four (4) programs under Rule 20 in its current form, funds the undergrounding of overhead power lines and the communication lines, and was originally created to address the aesthetic impacts of the power lines. Each year, Investor Owned Utilities (IOUs) propose their Rule 20A allocation amounts to the CPUC during annual general rate case proceedings. In this process, IOUs propose revised utility customer rates based on expected service costs, new energy procurement, and projects for the following year, including Rule 20 allocations. The CPUC then reviews, amends, and approves IOU rates. The funding set aside by IOUs for Rule 20A is allocated to local governments through a credit system, based on the number of meters in that jurisdiction. The credit holds a value that can be used solely for the costs of an undergrounding project. Through Rule 20A, municipalities that have developed and received city council approval for an undergrounding plan will receive annual credits from the IOU in their respective service area. The funds generated under the Rule 20A credit system are not provided directly to communities, rather, allocated to cover the IOU’s project costs, primarily design and construction, for approved projects. Since the City has adopted a general enablin g ordinance (Ordinance No. 1989-14), it can proceed with the creation of an Underground Utility District (UUD) by adopting a resolution to create the UUD. Projects are usually defined in a collaborative effort between the jurisdiction and the IOU and are approved by the utility company, based on the Rule 20A criteria and the available work credits. The cost associated with the elements that are not directly part of the undergrounding work, e.g. additional street light poles, cannot be covered by the Rule 20A work credits and would be the responsibility of the City. On June 3, 2021, CPUC issued a Decision that revises the Rule 20 Program. Among other changes, the new decision is as follows: • Discontinues allocation of new Rule 20A work credits after December 31, 2022; • Prohibits local agencies from borrowing work credits from future allocations beyond 2022; and • Prohibits local governments from selling or trading work credits in the secondary market; with some exceptions. ANALYSIS: With the recent decision/changes, the CPUC authorizes the utility companies to reallocate Rule 20A credits between municipalities. To avoid reallocation of the work credits, the City has to maintain an active Rule 20A Program status. The City was notified by SCE on July 1, 2021, that “Diamond Bar has a status of Inactive with regard 6.1 Packet Pg. 70 to SCE’s Rule 20A program.” Additionally, SCE provided the following information: “Should the City be interested in pursuing a new Rule 20A project or change its status from inactive to active, the city would need to approve a Resolution forming an Underground Utility District (UUD). The UUD should be scoped and estimated by SCE’s Rule 20A Project Manager with an estimate within the work credit balance available as of January 1, 2022”. As the first step to activate a Rule 20A project, staff identified multiple potential utility undergrounding projects per the Rule 20A Program criteria, available work credit, and the City’s Municipal Code, Chapter 13.04 Undergrounding of Utilities. Per Section 13.04.30 of the Municipal Code, among other things: • The project will avoid or eliminate an unusually heavy concentration of overhead electric or communication facilities. • The project area is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic. • Adjoin or pass through civic areas or public recreation areas or areas of unusual scenic interest to the general public. Additionally, under Rule 20A, the street or road or right-of-way has to be considered an arterial street of a major collector as defined by the California Department of Transportation’s Road System. To identify potential projects, staff prepared a study of several areas eligible for an UUD project. The study includes: • Reviewing of the SCE’s grid reliability reports and maps; • Identifying areas with wooden poles in the City; • Identifying the areas of the City with an ongoing or planned improvement s to the public facilities; and • Identifying scenic areas of the City with high vehicular and pedestrian traffic. Furthermore, in defining the projects, staff considered the following information: • High vehicular and pedestrian traffic areas; • Number of panel conversions and street crossing lines; • Accessibility considerations (e.g. if utility poles interfere with ADA requirements); • Visual impact; • Ability to complement other City projects (existing or planned); • Enhancement for emergency/fire suppression; • Electric service upgrade for commercial properties; and • Constructability. Those potential projects were reviewed with the SCE’s team. After several iterations, two (2) alternative projects have been identified and are ready to be considered by the City Council. They are: 6.1 Packet Pg. 71 1. Heritage Park UUD: Brea Canyon Road between Cool Springs Drive and Cold Spring Lane; or 2. Acacia Hill - Silver Hawk UUD: Diamond Bar Boulevard from Acacia Hill Road to 600 ft south of Silver Hawk Drive. Alternative 1, Heritage Park UUD, is proposed to be located on Brea Canyon Road between Cool Springs Drive and Cold Spring Lane, adjacent to Heritage Park and Castle Rock Elementary School, as shown on the map in Attachment 3, Sheet 1 of 2. For 2,200 LF, the project cost is estimated to be within the City’s available work credit range. The project site is adjacent to public facilities (Heritage Park and Castle Rock Elementary School) in a high vehicular and pedestrian traffic area. In addition, it would complement the City’s planned Heritage Park Renovation Project in the near future. This project would provide great visibility and improve visual aesthetics as well as an enhancement for emergency/fire suppression. Although the project would require land easements from two private properties, SCE currently has aerial/overhead easement on those two properties. Staff has preliminarily discussed this potential project with the property owners/residents who are supportive of it. Pictures of the site are provided in Attachment 4 (pages 1 and 2). Alternative 2, Acacia Hill - Silver Hawk UUD, is proposed to be located on Diamond Bar Boulevard from Acacia Hill Road to 600 ft south of Silver Hawk Drive, as shown on the map in Attachment 3, Sheet 2 of 2. It would be a continuation of the previous undergrounding project completed on Diamond Bar Blvd. north of Acacia Hill Road. For 2,200 LF, the project cost is estimated to be within the City’s available work credit range. It's located in a high vehicular and pedestrian traffic area, and no easements are required for the project. This project was identified to provide the highest level of constructability (easy to build) among all other project options during the initial study of the potential sites. Although the roadway pavement on that segment of Diamond Bar Boulevard was completed recently, since these undergrounding projects typically take three to five years to complete, and the project will only impact the bike lane, the new pavement moratorium could be reasonably addressed. Pictures of the site are provided in Attachment 4 (pages 3 and 4). Staff is requesting the City Council to consider reviewing these two (2) alternative projects. Separate resolutions have been prepared for each alternative for the City Council’s consideration, and approval of one of the two resolution. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolutions as to form. PREPARED BY: 6.1 Packet Pg. 72 REVIEWED BY: Attachments: 1. 6.1.a Resolution No. 2021-46- Heritage Park UUD 2. 6.1.b Resolution No. 2021-46 - Acacia-Silver Hawk UUD 3. 6.1.c Maps 4. 6.1.d Pictures 6.1 Packet Pg. 73 RESOLUTION NO. 2021-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON BREA CANYON ROAD BETWEEN COOL SPRINGS DRIVE AND COLD SPRING LANE AND DIRECT STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE NOVEMBER 16, 2021 REGULAR MEETING. WHEREAS, per the Diamond Bar Municipal Code Section 13.04.030, prior to the creation of an underground utility district, the City Council is required to hold a public hearing to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, in any such district. WHEREAS, it is proposed that an underground utility district be formed as shown on Exhibit “A”, a map entitled “Heritage Park Underground Utility District”. WHEREAS, the proposed underground utility district is proposed to be funded in whole or in part through funding under Tariff Rule 20 of the California Public Utilities Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. This Council hereby fixes 6:30 p.m. on November 16, 2021, in the Windmill Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of whether the public health, safety, or welfare requires the removal of poles, overhead wires, and facilities to supply electric, communication, and associated services in the district as shown on the attached exhibit map and hereby gives notice of said hearing. Section 2. The City Clerk shall certify to the adoption of this Resolution; and staff shall notify all affected property owners as shown on the last equalized assessment rolls, and all affected utilities, by mailing a copy of this Resolution to such property owners and utilities concerned, and cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061, at least ten (10) days prior to the date set for said hearing. PASSED, ADOPTED AND APPROVED this 5th day of October 2021. _______ Nancy A. Lyons, Mayor 6.1.a Packet Pg. 74 Resolution No. 2021-46 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 5th day of October 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk 6.1.a Packet Pg. 75 Resolution No. 2021-46 Exhibit “A” 6.1.a Packet Pg. 76 RESOLUTION NO. 2021-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SETTING A PUBLIC HEARING TO DETERMINE WHETHER THE PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON DIAMOND BAR BOULEVARD FROM ACACIA HILL ROAD TO 600 FT SOUTH OF SILVER HAWK DRIVE AND DIRECT STAFF TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE NOVEMBER 16, 2021 REGULAR MEETING. WHEREAS, per the Diamond Bar Municipal Code Section 13.04.030, prior to the creation of an underground utility district, the City Council is required to hold a public hearing to ascertain whether the public health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service, in any such district. WHEREAS, it is proposed that an underground utility district be formed as shown on Exhibit “A”, a map entitled “Acacia Hill-Silver Hawk Underground Utility District”. WHEREAS, the proposed underground utility district is proposed to be funded in whole or in part through funding under Tariff Rule 20 of the California Public Utilities Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. This Council hereby fixes 6:30 p.m. on November 16, 2021, in the Windmill Community Room at City Hall, 21810 Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of whether the public health, safety, or welfare requires the removal of poles, overhead wires, and facilities to supply electric, communication, and associated services in the district as shown on the attached exhibit map and hereby gives notice of said hearing. Section 2. The City Clerk shall certify to the adoption of this Resolution; and staff shall notify all affected property owners as shown on the last equalized assessment rolls, and all affected utilities, by mailing a copy of this Resolution to such property owners and utilities concerned, and cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061, at least ten (10) days prior to the date set for said hearing. PASSED, ADOPTED AND APPROVED this 5th day of October 2021. _______ Nancy A. Lyons, Mayor 6.1.b Packet Pg. 77 Resolution No. 2021-46 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 5th day of October 2021, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: _______ Kristina Santana, City Clerk 6.1.b Packet Pg. 78 Resolution No. 2021-46 Exhibit “A” 6.1.b Packet Pg. 79 Attachment 1 - MAP PUBLIC WORKS Alternative 1: Brea Canyon Road between Cool Springs Drive and Cold Spring Lane SHEET 1 of 2 NTS  MAINTAINED AREAS (1) Five (5) Mini-Parks: 6.95 ac. (2) Maintained Slope Areas: 14.67 ac. (3) Brush Areas: 38.73 ac. (3) Open Space Tractor Work: 14 ac. (4) Trails: 2.5 Miles ------------------------------------------------- Total Work Area: 75 ac. Total Area to stay with the City after dissolution: 17.95 ac. (1) All areas and length are approximate. (2) To be maintained by the City after dissolution of the District. (3) To be maintained by HOA or private owner after dissolution of the District. (4) 11 ac. of the area to be maintained by the City and 3 ac. by HOA or private owner s after dissolution of the District. VIABLE PROJECT ROM Est. $1,540,000 Total Footage: 2,200 ft Two Easements Required: • 21204 Cold Spring Lane • 21003 Cool Springs Drive 6.1.c Packet Pg. 80 Attachment 1 - MAP PUBLIC WORKS Alternative 2: Diamond Bar Boulevard from Acacia Hill Road to 600 ft south of Silver Hawk Drive SHEET 2 of 2 NTS  MAINTAINED AREAS (1) Five (5) Mini-Parks: 6.95 ac. (2) Maintained Slope Areas: 14.67 ac. (3) Brush Areas: 38.73 ac. (3) Open Space Tractor Work: 14 ac. (4) Trails: 2.5 Miles ------------------------------------------------- Total Work Area: 75 ac. Total Area to stay with the City after dissolution: 17.95 ac. (1) All areas and length are approximate. (2) To be maintained by the City after dissolution of the District. (3) To be maintained by HOA or private owner after dissolution of the District. (4) 11 ac. of the area to be maintained by the City and 3 ac. by HOA or private owner s after dissolution of the District. VIABLE PROJECT ROM Est. $1,540,000 Total Footage: 2,200 ft No Easements Required. 6.1.c Packet Pg. 81 ALT. 1: HERITAGE PARK 1 6.1.d Packet Pg. 82 ALT. 1: HERITAGE PARK 22 6.1.d Packet Pg. 83 ALT. 2: ACACIA HILL-SILVER HAWK 3 6.1.d Packet Pg. 84 ALT. 2: ACACIA HILL-SILVER HAWK 4 6.1.d Packet Pg. 85 Agenda #: 6.2 Meeting Date: October 5, 2021 TO: Honorable Mayor and Members of the City Council FROM: David A. DeBerry, City Attorney TITLE: AMENDMENT TO CITY MANAGER CONTRACT STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Consider adoption of Amendment to City Manager's Contract. FINANCIAL IMPACT: There is no direct fiscal impact to the City. There are sufficient funds under the City Manager benefit allotment budget to cover the $4,500 one-time additional contribution. BACKGROUND: The City Council has completed its performance evaluation of the City Manager and it is being proposed to provide the City Manager with a one -time additional contribution of $4,500 to the City’s ICMA-RC Deferred Compensation Plan on behalf of the City Manager. The one-time contribution would be made during the City’s 2021-22 Fiscal Year. PREPARED BY: 6.2 Packet Pg. 86 REVIEWED BY: Attachments: 1. 6.2.a Second Amendment to City Manager Contract 6.2 Packet Pg. 87 1626843.1 SECOND AMENDMENT TO CITY OF DIAMOND BAR CITY MANAGER EMPLOYMENT AGREEMENT This Second Amendment to Employment Agreement ("Second Amendment") is made and entered into as of this 5th day of October, 2021, by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation (hereinafter "City"), and DANIEL H. FOX, JR. (hereinafter "Employee"), both of whom agree as follows: RECITALS A. City and Employee entered into that certain City Manager Employment Agreement dated June 6, 2017 (“Employment Agreement”). B. City and Employee entered into that certain First Amendment to Employment Agreement dated September 17, 2019. C. The City and Employee desire to amend and modify certain provisions in the Employment Agreement as provided in this Second Amendment (collectively, the “Agreement”). NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1. Deferred Compensation. The following is added to Section 7.D of Agreement: “In addition to the foregoing contribution, the City shall contribute the additional amount of $4,500 to the City’s 457 ICMA-RC Deferred Compensation Plan on behalf of Employee for the 2021-22 Fiscal Year only.” 2, Integration. This Second Amendment integrates all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 6.2.a Packet Pg. 88 1626843.1 IN WITNESS WHEREOF the parties have executed this Second Amendment as of the day and year first above written. EMPLOYEE DANIEL H. FOX, JR. ___________________________________ CITY MANAGER CITY OF DIAMOND BAR NANCY LYONS ________________________________ MAYOR ATTEST: ___________________________________ KRISTINA SANTANA, CITY CLERK APPROVED AS TO FORM: _________________________________ DAVID DEBERRY, CITY ATTORNEY 6.2.a Packet Pg. 89 1 Kristina Santana From:N C <hamaday01@gmail.com> Sent:Tuesday, October 5, 2021 4:21 PM To:Kristina Santana Subject:For Public Comment CAUTION: This message originated outside of our City of Diamond Bar network. I would like to address the Diamond Bar Village Evacuation notice. I recently purchased a Unit in the complex and had NO idea about the condition of the structure outside. I was basically told that it is the HOA's responsibility and this is what the fees are used for (upkeep of the property). You can not imagine how I felt when the red/yellow tagging by the City of Diamond Bar happened. The tagging is based on a "visual report". I don't agree with the evacuation until there is more information. Apparently the DBV was tagged back in 2017 and 2019. Obviously the buildings are still standing. I ask that you please cancel the evacuation until we have more information. Especially with the COVID pandemic, residents have no place to go unless the City of Diamond Bar and Avalon Management want to put us up in hotels. Thank you Nora C. Concerned Owner DBV 1 Kristina Santana From:julia li <jcli_la@yahoo.com> Sent:Tuesday, October 5, 2021 4:46 PM To:Kristina Santana Subject:For Public Comments CAUTION: This message originated outside of our City of Diamond Bar network. My name is Julia Li, I'm the owner of the Diamond Bar Village Unit # G11. I'm here to request that City withdrawal the evacuation order issued on September 30 to have all the residents and tenants to evacuate from the building on october 18. The reason that I request city to withdraw the evacuation order is because I believe the evacuate order is an act of reckless and is irresponsible. The city has issued the evacuation order soly based on two private engineer's reports conducted by the same engineer on 2017 and 2021. The engineer has been disciplined by the California board of professional engineers and land surveyors. The City has not verified/inspected the property, nor produced any their own report. The city should have investigated and verify the content of the reports before issue such an evacuation order which inpack so many people tremendously. The evacuation report is issued in faulty and should be null and void. Sent from Yahoo Mail on Android